 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Unknown Section] [Pages 40118-40131] [FR Doc No: 2011-15496]

Vol. 76

Thursday,

No. 130

July 7, 2011

Part XIV

Environmental Protection Agency

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Semiannual Regulatory Agenda

Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 /

Unified Agenda

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[9267-5]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2010-0169

EPA-HQ-OW-2010-0728

Spring 2011 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual

regulatory agenda.

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SUMMARY: The Environmental Protection Agency (EPA) publishes the

semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at http://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, until 2007, was published in the Federal Register but

that 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 that is what is required by

the Regulatory Flexibility Act of 1980.

    ``Monthly Action Initiation List'' (AIL) refers to a list that EPA

posts online each month of the regulations newly approved for

development.

    ``Unified Regulatory Agenda'' refers to the collection of all

agencies' agendas with an introduction prepared by the Regulatory

Information Service Center.

    ``Regulatory Agenda Preamble'' refers to the document you are

reading now. It appears as part of the Regulatory Flexibility Agenda

and introduces both the Regulatory Flexibility Agenda and the e-Agenda.

    ``Rulemaking Gateway'' refers to an online portal to EPA's priority

rules with earlier and more frequently updated information about these

priority actions. See section H for more information about the

Rulemaking Gateway.

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

<EMAIL_ADDRESS>202-564-6564) or Caryn Muellerleile

<EMAIL_ADDRESS>202-564-2855).

    To be placed on a mailing list for updated information on rules

under development: If you would like to receive an e-mail with a link

to new semiannual regulatory agendas as soon as they are published,

please send an e-mail message with your name and address to<EMAIL_ADDRESS>and put ``E-Regulatory Agenda: Electronic Copy'' in the

subject line.

    If you would like to regularly receive information about the rules

newly approved for development, sign up for our monthly Action

Initiation List by going to http://www.epa.gov/lawsregs/search/ail.html#notification and completing the steps listed there.

    You can track progress on various aspects of EPA's priority

rulemakings by signing up for RSS feeds from the Rulemaking Gateway at

http://yosemite.epa.gov/opei/RuleGate.nsf/content/getalerts.html?opendocument.

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Map of Regulatory Agenda Information

B. What Are EPA's Regulatory Goals and What Key Principles,

Statutes, and Executive Orders Guide Our Rule and Policymaking

Process?

C. How Can You Be Involved in EPA's Rule and Policymaking Process?

D. What Actions Are Included in the Regulatory Agenda?

E. How Is the E-Agenda Organized?

F. What Information Is in the Regulatory Flexibility Agenda and the

E-Agenda?

G. How Can You Find Out About Rulemakings That Start Up After the

Regulatory Agenda Is Signed?

H. What Tools for Finding More About EPA Rules and Policies Are

Available at EPA.gov, Regulations.gov, and Reginfo.gov?

I. Reviews of Rules With Significant Impacts on a Substantial Number

of Small Entities

J. What Other Special Attention Do We Give to the Impacts of Rules

on Small Businesses, Small Governments, and Small Nonprofit

Organizations?

K. Thank You for Collaborating With Us

A. Map of Regulatory Agenda Type Information

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           Type of information                      Online locations               Federal Register location

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Semiannual Regulatory Agenda.............  http://www.reginfo.gov/, http://   Not in FR

                                            www.regulations.gov, and http://www.epa.gov/lawsregs/search/regagenda.html.

Semiannual Regulatory Flexibility Agenda.  http://www.reginfo.gov/,           Part XIV of today's issue

                                            www.regulations.gov, and http://www.epa.gov/lawsregs/search/regagenda.html.

Monthly Action Initiation List...........  http://www.regulations.gov/        Not in FR

                                            fdmspublic/component/

                                            main?main=DocketDetail&d=EPA-HQ-

                                            OA-2008-0265 and http://www.epa.gov/lawsregs/search/ail.html.

Rulemaking Gateway.......................  http://www.epa.gov/rulemaking/...  Not in FR

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B. What Are EPA's Regulatory Priorities, and What Key Principles,

Statutes, and Executive Orders Guide Our Rule and Policymaking Process?

Priorities

    Our priorities for fiscal years 2011-2015 are laid out in our FY

2011-2015 Strategic Plan which includes five over-arching strategic

goals and five cross-cutting fundamental strategies for how we approach

our work. The five strategic goals are:

    1. Taking Action on Climate Change and Improving Air Quality;

    2. Protecting America's Waters;

    3. Cleaning Up Communities and Advancing Sustainable Development;

    4. Ensuring the Safety of Chemicals and Preventing Pollution;

    5. Enforcing Environmental Laws.

    And the five fundamental cross-cutting strategies are:

    1. Expanding the Conversation on Environmentalism;

    2. Working for Environmental Justice and Children's Health;

    3. Advancing Science, Research, and Technological Innovation;

    4. Strengthening State, Tribal, and International Partnerships;

    5. Strengthening the EPA's Work Force and Capabilities.

    To see the entire Strategic Plan; see the link at http://www.epa.gov/planandbudget/strategicplan.html.

Other Key Principles, Statutes, and Executive Orders Guiding Our Rule

and Policymaking Process

    EPA's strength has always been our ability to adapt to the

constantly changing face of environmental protection as our economy and

society evolve, and science teaches us more about how humans interact

with and affect the natural world. Now, more than ever, EPA must be

innovative and forward looking because the environmental challenges

faced by Americans all across our country are unprecedented.

    In addition to meeting its mission goals and priorities as

described above, EPA has begun a new initiative under Executive Order

(EO) 13563, Improving Regulation and Regulatory Review, to conduct

periodic retrospective review of existing significant regulations. This

review 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 available at http://www.epa.gov/improvingregulations/.

    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; as supplemented by Executive Order 13563,

Improving Regulation and Regulatory Review; 76 FR 3821; January 21,

2011), 12898 (Environmental Justice; 59 FR 7629; February 16, 1994),

13045 (Children's Health Protection; 62 FR 19885; April 23, 1997),

13132 (Federalism; 64 FR 43255; August 10, 1999), 13175 (Consultation

and Coordination With Indian Tribal Governments; 65 FR 67249; November

9, 2000), 13211 (Actions Concerning Regulations That Significantly

Affect Energy Supply, Distribution, or Use; 66 FR 28355; May 22, 2001).

C. How Can You Be Involved in EPA's Rule and Policymaking Process?

    You can make your voice heard by getting in touch with the contact

person provided in each agenda entry. We encourage you to participate

as early in the process as possible. You may also participate by

commenting on proposed rules that we publish in the Federal Register

(FR).

    Instructions on how to submit your comments are provided in each

Notice of Proposed Rulemaking (NPRMs). 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 particularly helpful and

persuasive if you provide examples to illustrate your concerns and

offer specific alternatives.

    EPA believes our 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. You are urged 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 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 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 likely to have a significant economic impact on a

substantial number of small entities.

     Rules the Agency has identified for periodic review under

section 610 of the Regulatory Flexibility Act. We are closing the 610

review for two rules in 2011.

E. 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, 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. Prerulemaking--Prerulemaking actions are generally intended to

determine whether EPA should initiate rulemaking. Prerulemakings may

include anything that influences or leads to rulemaking, such as

Advance Notices of Proposed Rulemaking (ANPRMs), studies or analyses of

the possible need for regulatory action, announcement of reviews of

existing regulations required under section 610 of the Regulatory

Flexibility Act, requests for public comment on the need for regulatory

action, or important preregulatory policy proposals.

    2. Proposed Rule--this section includes EPA rulemaking actions that

are within a year of proposal (publication of Notices of Proposed

Rulemakings (NPRMs)).

    3. Final Rule--this section includes rules that will be issued as a

final rule within a year.

    4. Long-Term Actions--this section includes rulemakings for which

the next scheduled regulatory action is after April 2012. We urge you

to explore becoming involved even if an action is listed in the Long-

Term category. By the

time an action is listed in the Proposed Rules category, you may have

missed the opportunity to participate in certain public meetings or

policy dialogues.

    5. Completed Actions--this section contains actions that have been

promulgated and published in the Federal Register since publication of

the Fall 2010 Agenda. It also includes actions that EPA is no longer

considering. If an action appears in the completed section, it will not

appear in future agendas unless the Agency decides to initiate the

action again, in which case it will appear as a new entry. EPA also

announces the results of the Regulatory Flexibility Act section 610

reviews in this section of the agenda.

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

Agenda?

    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. The E-Agenda has much

more extensive information on these actions including such things as e-

mail addresses and Internet URLs for additional information.

    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 EO 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 EO 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 EO 12866.

    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, 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 (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 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 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 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 e-mail

address, if available, of a person who is knowledgeable about the

regulation.

    Additional Information: Other information about the action

including docket information.

    URLs: For some 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. We

include this number in the additional information section of many of

the agenda entries that have already been proposed.)

    RIN: The Regulation Identifier Number is used by OMB to identify

and track rulemakings. The first four digits of the RIN stand for the

EPA office with lead responsibility for developing the action.

G. How Can 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 that we should develop. This list is also

distributed via e-mail. You can see the current list, known as the

Action Initiation List at http://www.epa.gov/lawsregs/search/ail.html

where you will also find information about how to get an e-mail

notification when a new list is posted.

H. What Tools for Mining Regulatory Agenda Data and for Finding More

About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and

Regulations.gov?

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

    The Regulatory Information Service Center and Office of Information

and Regulatory Affairs have 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:

    1. See the preamble. At the URL listed above for the Unified Agenda

and Regulatory Plan, find ``Current Agenda Agency Preambles.''

Environmental Protection Agency is listed alphabetically under ``Other

Executive Agencies.''

    2. Get a complete list of EPA's entries in the current edition of

the Agenda. Use the drop-down menu in the ``Select Agency'' box to find

Environmental Protection Agency and ``Submit.''

    3. View the contents of all of EPA's entries in the current edition

of the Agenda. Choose ``Search'' from the ``Unified Agenda'' selection

in the toolbar at the top of the page. Within the ``Search of Agenda/

Regulatory Plan'' screen, open ``Advanced Search,'' then ``Continue.''

Select ``Environmental Protection Agency'' and ``Continue.'' Select

``Search,'' then ``View All RIN Data (Max 350).''

    4. Get a listing of entries with specified characteristics. Follow

the procedure described immediately above for viewing the contents of

all entries, but on the screen entitled ``Advanced Search--Select

Additional Fields,'' choose the characteristics you are seeking before

``Search.'' For example, if you wish to see a listing of all

economically significant actions that may have a significant economic

impact on a substantial number of small businesses, you would check

``Economically Significant'' under ``Priority'' and ``Business'' under

``Regulatory Flexibility Analysis Required.''

    5. Download the results of your searches in XML format.

2. Subject Matter EPA Web Sites

    Some actions listed in the Agenda include a URL that provides

additional information.

3. Public Dockets

    When EPA publishes either an Advanced Notice of Proposed Rulemaking

(ANPRM) or a NPRM in the Federal Register, the Agency typically

establishes a docket to accumulate materials throughout the development

process for that rulemaking. The docket serves as the repository for

the collection of documents or information related to a particular

Agency action or activity. EPA most commonly uses dockets for

rulemaking actions, but dockets may also be used for Regulatory

Flexibility Act section 610 reviews of rules with significant economic

impacts on a substantial number of small entities and for various 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. Docket information should be in that action's agenda

entry. All of EPA's public dockets can be located at

www.regulations.gov.

4. EPA's Rulemaking Gateway

    EPA's Rulemaking Gateway (http://www.epa.gov/rulemaking/) serves as

a portal to EPA's priority rules, providing you with earlier and more

frequently updated information about Agency regulations than is

provided by the Regulatory Agenda.

    The Rulemaking Gateway provides information as soon as work begins

and provides updates on a monthly basis as new information becomes

available. Time-sensitive information, such as notice of a public

meeting, is updated on a daily basis. Not all of EPA's Regulatory

Agenda entries appear on the Rulemaking Gateway; only priority

rulemakings can be found on the Gateway.

I. Reviews of Rules With Significant Impacts on a Substantial Number of

Small Entities

    Section 610 of the RFA requires that an agency review, within 10

years of promulgation, each rule that has or will have a significant

economic impact on a substantial number of small entities. EPA is

closing the 610 review for two rules in 2011.

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                Rule reviewed                        RIN                         Docket ID No.

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Effluent Guidelines and Standards for the           2040-AF18  EPA-HQ-OW-2010-0169

 Centralized Waste Treatment Industry

 (Section 610 Review).

National Primary Drinking Water Regulations;        2040-AF24  EPA-HQ-OW-2010-0728

 Arsenic and Clarifications to Compliance and

 New Source Contaminants Monitoring (Section

 610 Review).

----------------------------------------------------------------------------------------------------------------

    EPA has established official public dockets for these 610 Reviews

under the docket identification (ID) numbers as indicated above. All

documents in the dockets are listed on the www.regulations.gov Web

site. Although listed in the index, some information is not publicly

available; e.g., confidential business information (CBI) or other

information whose disclosure is restricted by statute. Certain other

material, such as copyrighted material,

is not placed on the Internet and will be publicly available only in

hard copy form. Publicly available docket materials are available

either electronically through www.regulations.gov or in hard copy at

the Water docket, EPA/DC, EPA West, Room 3334, 1301 Constitution

Avenue, NW., Washington, DC 20460. The Public Reading Room is open from

8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal

holidays. The telephone number for the Public Reading Room is (202)

566-1744.

J. What Other Special Attention Do We Give to the Impacts of Rules on

Small Businesses, Small Governments, and Small Nonprofit Organizations?

    For each of our rulemakings, we consider whether there will be any

adverse impact on any small entity. 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/SBREFA (the Regulatory Flexibility Act as amended by the

Small Business Regulatory Enforcement Fairness Act), the Agency must

prepare a formal analysis of the potential negative impacts on small

entities, convene a Small Business Advocacy Review Panel (proposed rule

stage), and prepare a Small Entity Compliance Guide (final rule stage)

unless the Agency certifies a rule will not have a significant economic

impact on a substantial number of small entities. For more detailed

information about the Agency's policy and practice with respect to

implementing RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.

    For a list of the rules under development for which a Regulatory

Flexibility Analysis will be required, go to http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda and

click on Regulatory Flexibility Analysis--Required toward the bottom of

the page.

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: March 15, 2011.

Louise Wise,

Deputy Associate Administrator, Office of Policy.

                  10Clean Air Act--Proposed Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

266.......................  National Emission                  2060-AP52

                             Standards for Hazardous

                             Air Pollutants From Coal-

                             and Oil-fired Electric

                             Utility Steam Generating

                             Units and Standards of

                             Performance for Electric

                             Utility Steam Generating

                             Units.

267.......................  Revision of New Source             2060-AP93

                             Performance Standards for

                             New Residential Wood

                             Heaters.

------------------------------------------------------------------------

                    10Clean Air Act--Final Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

268.......................  Implementation of the 1997         2060-AO96

                             8-Hr Ozone NAAQS:

                             Classification of Subpart

                             1 Areas and Revision to

                             AntiBacksliding

                             Provisions; Deletion of

                             Obsolete 1-Hr Ozone

                             Standard Provisions.

269.......................  Supplemental                       2060-AQ36

                             Determinations for

                             Renewable Fuels Produced

                             Under the Final RFS2

                             Program From Palm Oil.

------------------------------------------------------------------------

                   10Clean Air Act--Long-Term Actions

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

270.......................  SAN No. 5367 NESHAP: Brick         2060-AP69

                             and Structural Clay

                             Products and Clay

                             Products.

271.......................  Supplemental Determination         2060-AQ49

                             for Renewable Fuels

                             Produced Under the Final

                             RFS2 Program From

                             Pulpwood.

272.......................  Supplemental Determination         2060-AQ64

                             for Renewable Fuels

                             Produced Under the Final

                             RFS2 Program From Sorghum.

------------------------------------------------------------------------

                   10Clean Air Act--Completed Actions

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

273.......................  National Emission                  2060-AM44

                             Standards for Hazardous

                             Air Pollutants for Area

                             Sources: Industrial,

                             Commercial, and

                             Institutional Boilers.

274.......................  National Emission                  2060-AQ25

                             Standards for Hazardous

                             Air Pollutants for Major

                             Sources: Industrial,

                             Commercial &

                             Institutional Boilers and

                             Process Heaters.

------------------------------------------------------------------------

  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Proposed

                               Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

275.......................  Pesticides; Certification          2070-AJ20

                             of Pesticide Applicators.

276.......................  Pesticides; Agricultural           2070-AJ22

                             Worker Protection

                             Standard Revisions.

277.......................  Pesticides;                        2070-AJ45

                             Reconsideration of

                             Exemptions for Insect

                             Repellents.

------------------------------------------------------------------------

        Toxic Substances Control Act (TSCA)--Proposed Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

278.......................  Lead; Renovation, Repair,          2070-AJ56

                             and Painting Program for

                             Public and Commercial

                             Buildings.

279.......................  Formaldehyde Emissions             2070-AJ44

                             From Pressed Wood

                             Products.

------------------------------------------------------------------------

           Toxic Substance Contol Act (TSCA)--Final Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

280.......................  Lead; Clearance and                2070-AJ57

                             Clearance Testing

                             Requirements for the

                             Renovation, Repair, and

                             Painting Program.

------------------------------------------------------------------------

 Comprehensive Environmental Response, Compensation and Liability Act--

                           Proposed Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

281.......................  Financial Responsibility           2050-AG61

                             Requirements Under CERCLA

                             Section 108(b) for

                             Classes of Facilities in

                             the Hard Rock Mining

                             Industry.

------------------------------------------------------------------------

                 70Clean Water Act--Proposed Rule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

282.......................  Stormwater Regulations             2040-AF13

                             Revision to Address

                             Discharges From Developed

                             Sites.

------------------------------------------------------------------------

                  70Clean Water Act--Completed Actions

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

283.......................  Effluent Guidelines and            2040-AF18

                             Standards for the

                             Centralized Waste

                             Treatment Industry

                             (Completion of a Section

                             610 Review).

------------------------------------------------------------------------

              Safe Drinking Water Act (SDWA)--Prerule Stage

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

284.......................  National Primary Drinking          2040-AF24

                             Water Regulations;

                             Arsenic and

                             Clarifications to

                             Compliance and New Source

                             Contaminants Monitoring

                             (Section 610 Review).

------------------------------------------------------------------------

            Safe Drinking Water Act (SDWA)--Long-Term Actions

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

285.......................  SAN No. 2281 National              2040-AA94

                             Primary Drinking Water

                             Regulations: Radon.

------------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10Clean Air Act

Proposed Rule Stage

266. National Emission Standards for Hazardous Air Pollutants from

Coal- and Oil-Fired Electric Utility Steam Generating Units and

Standards of Performance for Electric Utility Steam Generating Units

    Legal Authority: Clean Air Act sec 112(d); Clean Air Act sec 111(b)

    Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule

requiring reductions in emissions of mercury from Electric Utility

Steam Generating Units. That rule was vacated on February 8, 2008, by

the U.S. Court of Appeals for the District of Columbia Circuit. As a

result of that vacatur, coal- and oil-fired electric utility steam

generating units remain on the list of sources that must be regulated

under section 112 of the Clean Air Act (CAA). The Agency will develop

standards under CAA section 112(d) which will reduce hazardous air

pollutant (HAP) emissions from this source category. Recent court

decisions on other CAA section 112(d) rules will be considered in

developing this regulation.

    Under this action EPA will also propose amendments to the criteria

pollutant new source performance standards (NSPS) for utilities. On

February 27, 2006, EPA promulgated amendments to the utility NSPS and

was subsequently sued by multiple state attorney general offices and

environmental organizations. On September 2, 2009, EPA was granted a

voluntary remand without vacatur of the 2006 amendments. Combining the

two rules is a single action provides interested parties the

opportunity to provide comments on the combined requirements of the 2

rules. It also avoids double counting either costs or environmental

benefits of the separate rules.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   05/03/11  76 FR 24976

NPRM Comment Period End.............   07/05/11

Final Action........................   12/00/11

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Bill Maxwell, Environmental Protection Agency, Air

and Radiation, D243-01, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax: 919

541-5450, E-mail<EMAIL_ADDRESS>     Robert J Wayland, Environmental Protection Agency, Air and

Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-

1045, E-mail<EMAIL_ADDRESS>     RIN: 2060-AP52

267. Revision of New Source Performance Standards for New Residential

Wood Heaters

    Legal Authority: CAA sec 111

    Abstract: EPA is revising the New Source Performance Standards

(NSPS) for residential wood heaters under the Clean Air Act Section

111(b)(1)(B). This action is necessary because it updates the 1988 NSPS

to reflect significant advancements in wood heater technologies and

design, broaden the range of residential wood heating appliances

covered by the regulation, and improve and streamline implementation

procedures. This rule is expected to require manufacturers to redesign

wood heaters to be cleaner and lower emitting. In general, the design

changes will also make the heaters perform better and be more

efficient. The revisions are also expected to retain the requirement

for manufacturers to contract for testing of model lines by third-party

independent laboratories, report the results to EPA, and label the

models accordingly. This action does not apply to existing residential

woodstoves, pellet stoves and other residential biomass heating units

and may apply to other units.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   02/00/12

Final Action........................   06/00/13

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Gil Wood, Environmental Protection Agency, Air and

Radiation, C404-05, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax: 919 541-

0242, E-mail<EMAIL_ADDRESS>     David Cole, Environmental Protection Agency, Air and Radiation,

C404-05, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2060-AP93

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10Clean Air Act

Final Rule Stage

268. Implementation of the 1997 8-Hr Ozone NAAQS: Classification of

Subpart 1 Areas and Revision to Anti-backsliding Provisions; Deletion

of Obsolete 1-Hr Ozone Standard Provisions.

    Legal Authority: 42 U.S.C. 7410; 42 U.S.C. 7511 to 7511f; 42 U.S.C.

7601(a)(1)

    Abstract: This rulemaking action would revise the rule for

implementation of the 8-hour ozone national ambient air quality

standard (NAAQS) to address partial vacatur by the U.S. Circuit Court

of Appeals for the District of Columbia Circuit. The rulemaking would

remove the portions of the regulatory text vacated by the Court,

specifically: (1) the provision that places some 8-hour ozone

nonattainment areas under title I, part D, subpart 1 of the CAA; (2)

remove the exemption from anti-backsliding for the following three

obligations under the now-revoked 1-hour ozone NAAQS:

--New source review;

--CAA Section 185 penalty fees for severe and extreme areas that fail

to attain the 1-hour standard by their attainment date; and

--Contingency measures for failure to attain the 1-hour standard or

make reasonable progress toward attainment.

    The rule would also address: (1) The classification system for

nonattainment areas that the implementation rule originally covered

under Clean Air Act (CAA) title I, part D, subpart 1; and (2)

contingency measures that apply as anti-backsliding measures under the

now-revoked 1-hour standard. The rule would also remove an obsolete

provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   01/16/09  74 FR 2936

NPRM Comment Period End.............   02/17/09

Final Action........................   06/00/11

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Lynn Dail, Environmental Protection Agency, Air and

Radiation, C539-01, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax: 919 541-

5689, E-mail<EMAIL_ADDRESS>

    Kimber Scavo, Environmental Protection Agency, Air and Radiation,

1200 Pennsylvania Ave, NW, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax: 919

541-4028, E-mail<EMAIL_ADDRESS>     RIN: 2060-AO96

269. Supplemental Determinations for Renewable Fuels Produced Under the

Final RFS2 Program From Palm Oil

    Legal Authority: Clean Air Act sec 211(o)

    Abstract: As indicated in the final rule for the Renewable Fuels

Standard Program, while the Agency issued lifecycle greenhouse gas

(GHG) threshold determinations for the major fuel pathways projected to

meet the bulk of the RFS volume mandates, assessments of other new fuel

pathways such as biofuels produced from palm oil, could not be

completed in time for the final rule. In the process of assessing these

fuels, the Agency is issuing determinations through several

supplemental notices to the final rule.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

Direct Final Action.................   10/00/11

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Paul Argyropoulos, Environmental Protection Agency,

Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-

1123, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     David Korotney, Environmental Protection Agency, Air and Radiation,

AAFC, Ann Arbor, MI 48105, Phone:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2060-AQ36

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10Clean Air Act

Long-Term Actions

270. Neshap: Brick and Structural Clay Products and Clay Products

    Legal Authority: Not Yet Determined

    Abstract: This rulemaking will establish emission limits for

hazardous air pollutants (HF, HCl and metals) emitted from brick and

clay ceramics kilns and glazing operations at clay ceramics production

facilities. The brick and structural clay products industry primarily

includes facilities that manufacture brick, clay, pipe, roof tile,

extruded floor and wall tile, and other extruded dimensional clay

products from clay, shale, or a combination of the two. The

manufacturing of brick and structural clay products involves mining,

raw material processing (crushing, grinding, and screening), mixing,

forming, cutting or shaping, drying, and firing. Ceramics are defined

as a class of inorganic, nonmetallic solids that are subject to high

temperature in manufacture and/or use. The clay ceramics manufacturing

source category includes facilities that manufacture traditional

ceramics, which include ceramic tile, dinnerware, sanitaryware,

pottery, and porcelain. The primary raw material used in the

manufacture of these traditional ceramics is clay. The manufacturing of

clay ceramics involves raw material processing (crushing, grinding, and

screening), mixing, forming, shaping, drying, glazing, and firing.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................           To Be Determined

Final Action........................           To Be Determined

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Jeff Telander, Environmental Protection Agency, Air

and Radiation, D243-02, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax: 919

541-5600, E-mail<EMAIL_ADDRESS>     Steve Fruh, Environmental Protection Agency, Air and Radiation,

D243-02, RTP, NC 27711, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2060-AP69

271. Supplemental Determination for Renewable Fuels Produced Under the

Final RFS2 Program From Pulpwood

    Legal Authority: Clean Air Act sec 211(o)

    Abstract: As indicated in the final rule for the Renewable Fuels

Standard Program, while the Agency issued lifecycle greenhouse gas

(GHG) threshold determinations for the major fuel pathways projected to

meet the bulk of the RFS volume mandates, assessments of other new fuel

pathways such as renewable fuels from pulpwood could not be completed

in time for the final rule. In the process of assessing these fuels,

the Agency is issuing determinations through several supplemental

notices to the final rule.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

Direct Final Action.................           To Be Determined

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Paul Argyropoulos, Environmental Protection Agency,

Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-

1123, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     David Korotney, Environmental Protection Agency, Air and Radiation,

AAFC, Ann Arbor, MI 48105, Phone:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2060-AQ49

272.  Supplemental Determination for Renewable Fuels Produced

Under the Final RFS2 Program From Sorghum

    Legal Authority: Clean Air Act sec 211(o)

    Abstract: As indicated in the final rule for the Renewable Fuels

Standard Program, while the Agency issued lifecycle greenhouse gas

(GHG) threshold determinations for the major fuel pathways projected to

meet the bulk of the RFS volume mandates, assessments of other new fuel

pathways such as renewable fuels from sorghum could not be completed in

time for the final rule. In the process of assessing these fuels, the

Agency is issuing determinations through several supplemental notices

to the final rule.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

Final Action........................           To Be Determined

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Paul Argyropoulos, Environmental Protection Agency,

Air and Radiation, 6520J ARN, Washington, DC 20460, Phone: 202 564-

1123, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     David Korotney, Environmental Protection Agency, Air and Radiation,

AAFC, Ann Arbor, MI 48105, Phone:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2060-AQ64

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10Clean Air Act

Completed Actions

273. National Emission Standards for Hazardous Air Pollutants for Area

Sources: Industrial, Commercial, and Institutional Boilers

    Legal Authority: Clean Air Act sec 112

    Abstract: The Clean Air Act (CAA) requires that EPA develop

standards for

toxic air pollutants, also known as hazardous air pollutants or air

toxics for certain categories of sources. These pollutants are known or

suspected to cause cancer and other serious health and environmental

effects. This regulatory action will develop emission standards for

boilers located at area sources. An area source facility emits or has

the potential to emit less than 10 tons per year (tpy) of any single

air toxic or less than 25 tpy of any combination of air toxics. Boilers

burn coal and other substances such as oil or biomass (e.g., wood) to

produce steam or hot water, which is then used for energy or heat.

Industrial boilers are used in manufacturing, processing, mining,

refining, or any other industry. Commercial and institutional boilers

are used in commercial establishments, medical centers, educational

facilities and municipal buildings. The majority of area source boilers

covered by this proposed rule are located at commercial and

institutional facilities and are generally owned or operated by small

entities. EPA estimates that there are approximately 183,000 existing

area source boilers at 91,000 facilities in the United States and that

approximately 6,800 new area source boilers will be installed over the

next 3 years. The rule will cover boilers located at area source

facilities that burn coal, oil, biomass, or secondary ``non-waste''

materials. Natural gas-fired area source boilers are not part of the

categories to be regulated. The rule will reduce emissions of a number

of toxic air pollutants including mercury, metals, and organic air

toxics. The standards for area sources must be technology-based.

Standards for area sources can be based on either generally available

control technology (GACT), or maximum achievable control technology

(MACT). To determine GACT, we look at methods, practices and techniques

that are commercially available and appropriate for use by the sources

in the category. We consider the economic impacts on sources in the

category and the technical capabilities of the firms to operate and

maintain the emissions control systems. MACT can be based on the

emissions reductions achievable through application of measures,

processes, methods, systems, or techniques, but must at least meet

minimum control levels as defined in the Clean Air Act. Economic

impacts cannot be considered when determining those minimum control

levels.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   06/04/10  75 FR 31895

NPRM Comment Period End.............   07/19/10

NPRM Extension of Comment Period....   06/09/10  75 FR 32682

NPRM Extension of Comment Period End   08/03/10

Final Action........................   03/21/11  76 FR 15554

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Mary Johnson, Environmental Protection Agency, Air

and Radiation, D243-01, Research Triangle Park, NC 27711, Phone: 919

541-5025, E-mail<EMAIL_ADDRESS>     Robert J Wayland, Environmental Protection Agency, Air and

Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-

1045, E-mail<EMAIL_ADDRESS>     RIN: 2060-AM44

274. National Emission Standards for Hazardous Air Pollutants for Major

Sources: Industrial, Commercial & Institutional Boilers and Process

Heaters

    Legal Authority: Clean Air Act section 112

    Abstract: Section 112 of the Clean Air Act (CAA) outlines the

statutory requirements for EPA's stationary source air toxics program.

Section 112 mandates that EPA develop standards for hazardous air

pollutants (HAP) for both major and area sources listed under section

112(c). This regulatory action will finalize emission standards for

boilers and process heaters located at major sources. Section 112(d)(2)

requires that emission standards for major sources be based on the

maximum achievable control technology (MACT). Industrial boilers and

institutional/commercial boilers are on the list of section 112(c)(6)

source categories. In this rulemaking, EPA will finalize standards for

these source categories.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   06/04/10  75 FR 32006

NPRM Extension of Comment Period....   06/09/10  75 FR 32682

Final Action........................   03/21/11  76 FR 15608

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Brian Shrager, Environmental Protection Agency, Air

and Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919

541-7689, E-mail<EMAIL_ADDRESS>     Robert J Wayland, Environmental Protection Agency, Air and

Radiation, C439-01, Research Triangle Park, NC 27711, Phone: 919 541-

1045, E-mail<EMAIL_ADDRESS>     RIN: 2060-AQ25

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Proposed Rule Stage

275. Pesticides; Certification of Pesticide Applicators

    Legal Authority: 7 U.S.C. 136; 7 U.S.C. 136i; 7 U.S.C. 136w

    Abstract: EPA is proposing change to the federal regulations under

the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that

guide the certified pesticide applicator program (40 CFR 171). Change

is sought to strengthen the regulations to better protect pesticide

applicators and the public and the environment from harm due to

pesticide exposure. The possible need for change arose from EPA

discussions with key stakeholders. EPA has been in extensive

discussions with stakeholders since 1997 when the Certification and

Training Assessment Group (CTAG) was established. CTAG is a forum used

by regulatory and academic stakeholders to discuss the current state

of, and the need for improvements in, the national certified pesticide

applicator program. Throughout these extensive interactions with

stakeholders, EPA has learned of the potential need for changes to the

regulation.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   05/00/12

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kathy Davis, Environmental Protection Agency,

Office of Chemical Safety and Pollution Prevention, 7506P, Washington,

DC 20460, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     Richard Pont, Environmental Protection Agency, Office of Chemical

Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone:

703 305-6448, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     RIN: 2070-AJ20

276. Pesticides; Agricultural Worker Protection Standard Revisions

    Legal Authority: 7 U.S.C. 136 and 136(w)

    Abstract: EPA is developing a proposal under the Federal

Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the

federal regulations guiding agricultural worker protection (40 CFR

170). The changes under consideration are intended to improve

agricultural workers' ability to protect themselves from potential

exposure to pesticides and pesticide residues. In addition, EPA is

proposing to make adjustments to improve and clarify current

requirements and facilitate enforcement. Other changes sought are to

bring hazard communication requirements more in line with OSHA

requirements 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................................   05/00/12

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kathy Davis, Environmental Protection Agency,

Office of Chemical Safety and Pollution Prevention, 7506P, Washington,

DC 20460, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     Richard Pont, Environmental Protection Agency, Office of Chemical

Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone:

703 305-6448, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     RIN: 2070-AJ22

277. Pesticides; Reconsideration of Exemptions for Insect Repellents

    Legal Authority: 7 U.S.C. 136(a) and 136(w)

    Abstract: EPA is developing rulemaking to modify the minimum risk

pesticides exemption under 40 CFR 152.25(f) to exclude personally

applied insect repellents from the exemption and require an abbreviated

data set for such products. EPA is taking this action because these

pesticides claim to control pests of significant public health

importance.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   01/00/12

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kathryn Boyle, Environmental Protection Agency,

Office of Chemical Safety and Pollution Prevention, 7506P, Washington,

DC 20460, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     Niva Kramek, Environmental Protection Agency, Office of Chemical

Safety and Pollution Prevention, 7506P, Washington, DC 20460, Phone:

703 605-1193, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     RIN: 2070-AJ45

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Toxic Substances Control Act (TSCA)

Proposed Rule Stage

278. 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 in

target housing (most pre-1978 housing), pre-1978 public buildings, and

commercial buildings that create lead-based paint hazards. On April 22,

2008, EPA issued a final rule to address 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. This new rulemaking will address renovation or

remodeling activities in the remaining buildings described in TSCA

section 402(c)(3): public buildings built before 1978 and commercial

buildings that are not child-occupied facilities. On May 6, 2010, EPA

announced the commencement of proceedings to propose lead-safe work

practices and other requirements for renovations on the exteriors of

public and commercial buildings and to determine whether lead-based

paint hazards are created by interior renovation, repair, and painting

projects in public and commercial buildings. For those renovations in

the interiors of public and commercial buildings that create lead-based

paint hazards, EPA will propose regulations to address these hazards.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

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

NPRM; Exteriors.....................   12/00/11

Final Action........................   07/00/13

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Hans Scheifele, Environmental Protection Agency,

Office of Chemical Safety and Pollution Prevention, 7404T, Washington,

DC 20460, Phone:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     Cindy Wheeler, Environmental Protection Agency, Office of Chemical

Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone:

202 566-0484, E-mail<EMAIL_ADDRESS>     RIN: 2070-AJ56

279. Formaldehyde Emissions From Pressed Wood Products

    Legal Authority: 15 U.S.C. 2697 (TSCA sec 601)

    Abstract: In 2008, EPA initiated a proceeding under Toxics

Substance and Control Act (TSCA) to investigate risks posed by

formaldehyde emitted from pressed wood products. An advance notice of

proposed rulemaking (ANPRM) sought to engage stakeholders to contribute

to obtaining a better understanding of the available control

technologies and approaches, industry practices, and the implementation

of California's formaldehyde emission limits. Subsequently, EPA

developed an industry survey to obtain more information on these ANPR

topics and continued to assess the hazards of and exposures to

formaldehyde emissions from pressed wood products. On July 7, 2010, the

Formaldehyde Standards for Composite Wood Products Act was enacted.

This law amends TSCA to establish specific formaldehyde emission limits

for hardwood plywood, particleboard, and medium-density fiberboard,

which limits are identical to the California emission limits for these

products. The law further requires EPA to promulgate implementing

regulations by January 1, 2013.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

ANPRM...............................   12/03/08  73 FR 73620

ANPRM: Extension of Comment Period..   01/30/09  74 FR 5632

NPRM................................   01/00/12

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Cindy Wheeler, Environmental Protection Agency,

Office of Chemical Safety and Pollution Prevention, 7404T, Washington,

DC 20460, Phone:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     Lynn Vendinello, Environmental Protection Agency, Office of

Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460,

Phone:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     RIN: 2070-AJ44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Toxic Substances Control Act (TSCA)

Final Rule Stage

280. Lead; Clearance and Clearance Testing Requirements for the

Renovation, Repair, and Painting Program

    Legal Authority: 15 U.S.C. 2601(c); 15 U.S.C. 2682(c)(3); 15 U.S.C.

2684; 15 U.S.C. 2686 and 2687

    Abstract: On May 6, 2010, EPA proposed several revisions to the

2008 Lead Renovation, Repair, and Painting Program (RRP) rule that

established accreditation, training, certification, and recordkeeping

requirements as well as work practice standards for persons performing

renovations for compensation in most pre-1978 housing and child-

occupied facilities. Current requirements include 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. EPA is

particularly concerned about dust lead hazards generated by renovations

because of the well documented toxicity of lead, especially to younger

children. This proposal includes additional requirements designed to

ensure that lead-based paint hazards generated by renovation work are

adequately cleaned after renovation work is finished and before the

work areas are re-occupied. Specifically, EPA proposed to require dust

wipe testing after many renovations covered by the RRP rule. For a

subset of jobs involving demolition or removal of plaster through

destructive means or the disturbance of paint using machines designed

to remove paint through high-speed operation, such as power sanders or

abrasive blasters, this proposal would also require the renovation firm

to demonstrate, through dust wipe testing, that dust-lead levels

remaining in the work area are below regulatory levels.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   05/06/10  75 FR 25038

NPRM Extension of Comment Period....   07/07/10  75 FR 38959

Final Action........................   07/00/11

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Cindy Wheeler, Environmental Protection Agency,

Office of Chemical Safety and Pollution Prevention, 7404T, Washington,

DC 20460, Phone:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>     Michelle Price, Environmental Protection Agency, Office of Chemical

Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone:

202 566-0744.

    RIN: 2070-AJ57

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Comprehensive Environmental Response, Compensation and Liability Act

Proposed Rule Stage

281. 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. 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

------------------------------------------------------------------------

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

NPRM................................   02/00/12

------------------------------------------------------------------------

    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, E-mail<EMAIL_ADDRESS>     David Hockey, Environmental Protection Agency, Solid Waste and

Emergency Response, 5303P, Washington, DC 20460, Phone:<PHONE_NUMBER>,

E-mail<EMAIL_ADDRESS>     RIN: 2050-AG61

ENVIRONMENTAL PROTECTION AGENCY (EPA)

70Clean Water Act

Proposed Rule Stage

282. Stormwater Regulations Revision to Address Discharges from

Developed Sites

    Legal Authority: 33 U.S.C. 1251 et seq.

    Abstract: Stormwater discharge from developed areas is a major

cause of degradation of surface waters. This is true for both

conveyance of pollutants and the erosive power of increased stormwater

flow rates and volumes. Current stormwater regulations were promulgated

in 1990 and 1999. In 2006, the Office of Water asked the National

Research Council (NRC) to review the stormwater program and recommend

ways to strengthen it. The NRC Report, which was finalized in October

2008, found that the current stormwater program `` * * * is not likely

to adequately control stormwater's contribution to waterbody

impairment'' and recommended that EPA take action to address the

harmful effects of stormwater flow. This proposed action would

establish requirements for, at minimum, managing stormwater discharges

from newly developed and re-developed sites, to reduce the amount of

pollutants in stormwater discharges entering receiving waters by

reducing the discharge of excess stormwater. This action may also

expand the scope of municipal separate storm sewer systems (MS4)

required to be regulated under NPDES permits, to include rapidly

developing areas and to cover some discharges that are not currently

regulated. The Phase I and Phase II MS4 regulations might also be

combined and amended, and may include provisions for better managing

existing discharges.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   09/00/11

Final Action........................   11/00/12

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Connie Bosma, Environmental Protection Agency,

Water, 4203M, Washington, DC 20460, Phone:<PHONE_NUMBER>, Fax: 202 564-

6392, E-mail<EMAIL_ADDRESS>     Janet Goodwin, Environmental Protection Agency, Water, 4303T,

Washington, DC 20460, Phone:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2040-AF13

ENVIRONMENTAL PROTECTION AGENCY (EPA)

70Clean Water Act

Completed Actions

283. Effluent Guidelines and Standards for the Centralized Waste

Treatment Industry (Completion of a Section 610 Review)

    Legal Authority: 5 U.S.C. 610

    Abstract: In December 2000, EPA promulgated effluent limitations

for the Centralized Waste Treatment (CWT) Point Source Category at 40

CFR 437 (65 FR 81241, December 22, 2000). A CWT facility treats or

recovers hazardous or non-hazardous industrial waste, wastewater, or

used material from off-site. The regulation established wastewater

discharge standards for three major types of wastes: metal-bearing,

oily, and organic. EPA issued a Small Entity Compliance Guide, which

provides easy-to-read descriptions of the regulations and other helpful

information on how to comply such as a question and answer section.

    Pursuant to Section 610 of the Regulatory Flexibility Act, on April

26, 2010, EPA initiated a review of the rule to determine if it should

be continued without change, or should be rescinded or amended to

minimize adverse economic impacts on small entities (75 FR 21882). As

part of this review, EPA considered, and solicited comments on, the

following factors: (1) The continued need for the rule; (2) the nature

of complaints or comments received concerning the rule; (3) the

complexity of the rule; (4) the extent to which the rule overlaps,

duplicates, or conflicts with other Federal, State, or local government

rules; and (5) the degree to which technology, economic conditions, or

other factors have changed in the area affected by the rule. The

comment period closed July 31, 2010. EPA received no comments, and the

Agency has concluded that the rule needs no revisions at this time to

minimize the impacts on small entities. The rule will remain in effect

without modification.

    The Docket ID number is EPA-HQ-OW-2010-0169. EPA summarized the

results of the review in a report, which is available in the rulemaking

docket referenced above. You can access that docket at http://www.regulations.gov.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

Final Action........................   12/22/00  65 FR 81241

Begin Review........................   04/26/10  75 FR 21882

End Comment Period..................   07/31/10  75 FR 21882

End Review..........................   04/25/11

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.

    Agency Contact: Erik Helm, Environmental Protection Agency, Water,

4303T, Washington, DC 20460, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-

mail<EMAIL_ADDRESS>     RIN: 2040-AF18

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Safe Drinking Water Act (SDWA)

Prerule Stage

284. National Primary Drinking Water Regulations; Arsenic and

Clarifications to Compliance and New Source Contaminants Monitoring

(Section 610 Review)

    Legal Authority: 5 U.S.C. 610

    Abstract: On January 22, 2001, EPA revised the Maximum Contaminant

Level (MCL) for arsenic to 0.010 mg/L (10.0 [micro]g/L). This

regulation applies to non-transient non-community water systems and to

community water systems (66 FR 6976). While EPA has taken steps to

evaluate and mitigate impacts on small entities as part of the

promulgation of the Arsenic Rule, EPA reviewed the National Primary

Drinking Water Rule (NPDWR) for arsenic pursuant to section 610 of the

Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA

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. EPA is currently reviewing the public

comments received in response to this review and is developing a

response to comment document, which will be posted in the docket

(EPA-OW-2010-0728) upon completion of this review by fall

2011. The docket can be accessed at http://www.regulations.gov.

    Timetable:

------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

Final Rule..........................   01/22/01  66 FR 6976

Initiate 610 Review.................   12/20/10  75 FR 79844

End Comment Period..................   02/18/11

Completion of 610 Review............   10/00/11

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.

    Agency Contact: Stephanie Flaharty, Environmental Protection

Agency, Water, 4601M, Washington, DC 20460, Phone:<PHONE_NUMBER>, E-

mail<EMAIL_ADDRESS>     Wynne Miller, Environmental Protection Agency, Water, 4607M,

Washington, DC 20460, Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2040-AF24

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Safe Drinking Water Act (SDWA)

Long-Term Actions

285. National Primary Drinking Water Regulations: Radon

    Legal Authority: 42 U.S.C. 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........................           To Be Determined

------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Rebecca Allen, Environmental Protection Agency,

Water, 4607M, Washington, DC 20460, Phone:<PHONE_NUMBER>, Fax: 202 564-

3760, E-mail<EMAIL_ADDRESS>     Eric Burneson, Environmental Protection Agency, Water, 4607M,

Washington, DC 20460, Phone:<PHONE_NUMBER>, E-mail:

<EMAIL_ADDRESS>     RIN: 2040-AA94

[FR Doc. 2011-15496 Filed 7-6-11; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 15 (Thursday, January 23, 2020)]
[Rules and Regulations]
[Pages 3817-3819]
[FR Doc No: 2020-00995]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0998; Airspace Docket No. 18-AGL-16]
RIN 2120-AA66

Amendment of Area Navigation (RNAV) Route T-217 in the Vicinity
of Springfield, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends low altitude area navigation (RNAV) route
T-217 in the vicinity of Springfield, OH, to update the facility type
listed for the Springfield, OH (SGH), route point in the T-route
description. The FAA is taking this action due to the planned
decommissioning of the VHF Omnidirectional Range (VOR) portion of the
Springfield VOR/Distance Measuring Equipment (VOR/DME) navigation aid
(NAVAID). No existing route structure or air traffic services are
affected by this action.

DATES: Effective date 0901 UTC, March 26, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/.

For further information, you can contact the Rules and Regulations
Group, Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone:<PHONE_NUMBER>. The Order is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of FAA Order
7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the route structure in the National Airspace
System as necessary to preserve the safe and efficient flow of air
traffic.

History

    The FAA is planning to decommission the VOR portion of the
Springfield, OH, VOR/DME NAVAID in March, 2020. The Springfield, OH,
VOR was one of the candidate VORs identified for discontinuance by the
FAA's VOR Minimum Operating Network (VOR MON) program and listed in the
Final policy statement notice, ``Provision of Navigation Services for
the Next Generation Air Transportation System (NextGen) Transition to
Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum
Operational Network),'' published in the Federal Register of July 26,
2016 (81 FR 48694), Docket No. FAA-2011-1082. Although the VOR portion
of the Springfield, OH, VOR/DME is being decommissioned, the
Springfield, OH, DME is being retained in the same location and charted
as a DME facility with the same ``SGH'' identifier.
    In reviewing ATS route dependencies associated with the
Springfield, OH, VOR/DME, the FAA identified T-217 as the only air
traffic service (ATS) route dependency. Since the Springfield, OH, DME
facility is being retained in the same location with the same SGH
identifier, the FAA determined T-217 could be retained as published,
with minor editorial corrections to the description, to continue
supporting enroute airspace users, as well as ongoing NextGen efforts
to transition the national airspace system to performance-based
navigation.
    This rule makes an editorial amendment to the T-217 legal
description to reflect the Springfield, OH (SGH), route point as a DME
facility due to the Springfield, OH, VOR being decommissioned.
Additionally, other minor editorial corrections are being made to
comply with route description policy guidance. The editorial amendment
and corrections to T-217 do not change the route's structure,
operational use, or charted depiction.
    Low altitude RNAV T-routes are published in paragraph 6011 of FAA
Order 7400.11D dated August 8, 2019, and effective September 15, 2019,
which is incorporated by reference in 14 CFR 71.1. The low altitude
RNAV T-route listed in this rule will be subsequently published in the
Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by modifying RNAV route T-217. The planned decommissioning of
the VOR portion of the Springfield, OH, VOR/DME NAVAID has made this
action necessary. The route modification is editorial in nature and
simply changes the type of facility listed for the Springfield, OH
(SGH) route point. A number of minor editorial formatting corrections
are also made. No air traffic services are affected by this action and
no substantive change to the RNAV route is being made. Therefore,
notice and public procedures under 5 U.S.C. 553(b) is unnecessary.
    The RNAV route modifications accomplished by this action are
outlined below.
    T-217: T-217 extends between the Lexington, KY, VOR/Tactical Air
Navigation (VORTAC) and the BONEE, OH, fix. This rule changes the
Springfield, OH (SGH) route point from being listed as ``VOR/DME'' to
``DME''. Additionally, the Lexington VORTAC ``HYK'' identifier is added
to the first line of the route description and the geographic
coordinates of each route point are updated to be expressed in degrees,
minutes, seconds, and hundredths of a second. The existing RNAV route
remains as charted.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of modifying RNAV route T-
217 near Springfield, OH, qualifies for categorical exclusion under the
National Environmental Policy Act and its implementing regulations at
40 CFR part 1500, and in accordance with FAA Order 1050.1F,
Environmental Impacts: Policies and Procedures, Paragraph 5-6.5a, which
categorically excludes from further environmental impact review
rulemaking actions that designate or modify classes of airspace areas,
airways, routes, and reporting points (see 14 CFR part 71, Designation
of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes;
and Reporting Points). As such, this action is not expected to result
in any potentially significant environmental impacts. In accordance
with FAA Order 1050.1F, paragraph 5-2 regarding Extraordinary
Circumstances, the FAA

has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. The FAA has determined
no extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-217 Lexington, KY (HYK) to BONEE, OH [Amended]

Lexington, KY (HYK)                             VORTAC                         (Lat. 37[deg]57'58.86'' N, long. 84[deg]28'21.06'' W)
BOSTR, OH                                       FIX                            (Lat. 38[deg]53'08.13'' N, long. 84[deg]04'58.02'' W)
HEDEN, OH                                       FIX                            (Lat. 39[deg]16'44.88'' N, long. 84[deg]02'02.37'' W)
PRUDE, OH                                       FIX                            (Lat. 39[deg]25'44.92'' N, long. 83[deg]56'58.60'' W)
Springfield, OH (SGH)                           DME                            (Lat. 39[deg]50'11.55'' N, long. 83[deg]50'41.84'' W)
BONEE, OH                                       FIX                            (Lat. 40[deg]03'08.85'' N, long. 83[deg]56'56.15'' W)

* * * * *

    Issued in Washington, DC, on January 15, 2020.
Scott M. Rosenbloom,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2020-00995 Filed 1-22-20; 8:45 am]
 BILLING CODE 4910-13-P