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ua13de04 3242. NESHAP: RECIPROCATING INTERNAL COMBUSTION ENGINE...
<DOC> [December 13, 2004 (Volume 69, Number 238)] [Unified Agenda] [frwais.access.gpo.gov] [Page 73786-73805] ENVIRONMENTAL PROTECTION AGENCY (EPA) _______________________________________________________________________ ----------------------------------------------------------------------- Part XXV Environmental Protection Agency ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 73786]] ENVIRONMENTAL PROTECTION AGENCY (EPA) 40 CFR Ch. I FRL 7817-1 Fall 2004 Regulatory Agenda AGENCY: Environmental Protection Agency. ACTION: Semiannual Regulatory Agenda. _______________________________________________________________________ SUMMARY: The Environmental Protection Agency (EPA) publishes the Semiannual Regulatory Agenda to update the public about: Regulations and major policies currently under development, Reviews of existing regulations and major policies, and Regulations and major policies completed or canceled since the last Agenda. TO BE PLACED ON THE AGENDA MAILING LIST: If you would like to subscribe, please send an e-mail with your name and address to: email@example.com, or call 800-490-9198. There is no charge for single copies of the Agenda. FOR FURTHER INFORMATION CONTACT If you have questions or comments about a particular action, please get in touch with the agency contact listed in each Agenda entry. If you have general questions about or suggestions for improving the Agenda or questions about EPA's decision making process, please contact: Phil Schwartz (1803A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; phone: (202)564-6564; e-mail: firstname.lastname@example.org SUPPLEMENTARY INFORMATION: Table of Contents 1. What Are EPA's Goals in Developing Regulations and Policies and What Key Principles, Statutes, and Executive Orders Drive Our Rule and Policymaking Process? 2. How Can You Be Involved in EPA's Rule and Policy Making Process? 3. What Actions Are Included in the Agenda and What is the Relationship between the Agenda and Regulatory Plan? 4. How Is the Agenda Organized? 5. What Information Is in Agenda Entries? 6. How Can You Find Out More About EPA Rulemakings? 7. What Special Attention Do We Give to the Impacts of Rules on Small Businesses, Small Governments, and Small Nonprofit Organizations? 8. Acknowledging Those Involved in the Rulemaking Process A. What are EPA's Goals in Developing Regulations and Policies and What Key Principles, Statutes, and Executive Orders Drive Our Rule and Policymaking Process? Our primary objective is to protect human health and the environment. To achieve this objective and ensure that our decisions are cost-effective and fully protective, we conduct high quality scientific, economic, and policy analyses. These analyses are planned and initiated at early stages in the regulatory development process, so that Agency decision makers are well informed of the qualitative and quantitative benefits and costs as they select among alternative approaches. It is also important that we continue to apply new and improved methods to protect the environment, such as: building flexibility into regulations from the very beginning, creating strong partnerships with the regulated community, vigorously engaging in public outreach and involvement, and using effective nonregulatory approaches. Research, testing and adoption of new environmental protection methods is also a central tenet in environmental problem solving. The integration of all these elements via a well managed regulatory development process and a strong commitment to innovative solutions will ensure that we all benefit from significant environmental improvements that are fair, efficient, and protective. Our overall success is measured by our effectiveness in protecting human health and the environment. For a more expansive discussion of our regulatory philosophy and priorities please see our new Statement of Priorities in the FY 2005 Regulatory Plan (epa.gov/regagenda) 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. Of particular significance for EPA rulemakings are Executive Orders 12866 (Regulatory Planning and Review; 58 FR 51735; October 4, 1993), 12898 (Environmental Justice; 59 FR 7629; February 16, 1994 ), 13045 (Children's Health Protection; 62 FR 19885; April 23, 1997), 13132 (Federalism; 64 FR 43255, August 10, 1999), 13175 (Consultation and Coordination with Indian Tribal Governments; 65 FR 67249, November 9, 2000), and 13211 (Energy; 66 FR 28355, May 22, 2001). You can find information on these laws and Executive Orders through links from www.epa.gov/regagenda. B. How Can You Be Involved in EPA's Rule and Policy Making Process? You can make your voice heard by getting in touch with the contact person provided in each Agenda entry. We urge you to participate as early in the process as possible. You may also participate by commenting on proposed rules that we publish in the Federal Register. To be most effective, comments should contain information and data that support your position, and you also should explain why we should incorporate your suggestion in the rule or non-regulatory action. You can be particularly helpful and persuasive if you provide examples to illustrate your concerns and offer specific alternatives. We believe our actions will be more cost-effective and protective if our development process includes stakeholders working with us to identify the most practical and effective solutions to problems and we stress this point most strongly in all of our training programs for rule and policy developers. Democracy gives real power to individual citizens, but with that power comes responsibility. Democracy is not a spectator sport. We urge you to become involved in EPA's rule and policymaking process. C. What Actions Are Included in the Agenda and What is the Relationship Between the Agenda and Regulatory Plan? EPA includes regulations and certain major policy documents in the Agenda. [[Page 73787]] We generally do not include minor amendments or the following categories of actions: <bullet> Administrative actions such as delegations of authority, changes of address or phone numbers. <bullet> 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. <bullet> Under the Federal Insecticide, Fungicide, and Rodenticide Act: Decision documents defining and establishing registration standards; decision documents and termination decisions for the Special Review Registration process; and data call-in requests made under section 3(c)(2)(B). <bullet> Under the Federal Food, Drug, and Cosmetic Act: : Actions regarding pesticide tolerances and food additive regulations, including the tolerance reassessment process. <bullet> Under the Resource Conservation and Recovery Act: Authorization of State solid waste management plans; hazardous waste delisting petitions. <bullet> 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. <bullet> Under the Safe Drinking Water Act: Actions on State underground injection control programs. There is no legal significance to the omission of an item from the Agenda. The Regulatory Plan, which is required by EO 12866, is published along with the fall edition of the Regulatory Agenda. The Plan includes a limited number of EPA actions, typically 20-45, which will be published during the current fiscal year and which are the centerpieces of our regulatory priorities. Plan entries include all of the information included in Agenda entries described in section E, below, as well as additional information about alternatives, the need for a federal solution, costs, benefits, and risks. EPA's and other agencies' Regulatory Plans are published together in Part 2 of the Federal Register on the same day that the Regulatory Agenda is published. To save money we do not include detailed information on actions that are included in the Plan in the Regulatory Agenda itself; rather, we cross-reference the Plan entries. D. How Is the Agenda Organized? We have organized the Agenda: First, into fourteen divisions based on the law that would authorize a particular action. These divisions are: 1. General, which includes cross-cutting actions, such as rules authorized by multiple statutes and general acquisition rules 2. The Clean Air Act (CAA) 3. The Atomic Energy Act (AEA) 4. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 5. The Federal Food, Drug, and Cosmetic Act (FFDCA) 6. The Toxic Substances Control Act (TSCA) 7. The Emergency Planning and Community Right-to-Know Act (EPCRA) 8. Chemical Safety Information, Site Security and Fuels Regulatory Relief Act 9. The Resource Conservation and Recovery Act (RCRA) 10. The Oil Pollution Act (OPA) 11. The Comprehensive Environmental Response, Compensation, and Liability Act Superfund (CERCLA) 12. The Clean Water Act (CWA) 13. The Safe Drinking Water Act (SDWA) 14. The Shore Protection Act (SPA) Second, by the current stage of development. The stages are: 1. Prerulemaking - Prerulemaking actions are generally intended to determine whether EPA should initiate rulemaking. Prerulemakings may include anything that influences or leads to rulemaking, such as advance notices of proposed rulemaking (ANPRMs), significant studies or analyses of the possible need for regulatory action, announcement of reviews of existing regulations required under section 610 of the Regulatory Flexibility Act, requests for public comment on the need for regulatory action, or important preregulatory policy proposals. 2. Proposed Rule - This section includes EPA rulemaking actions that are within a year of proposal (publication of Notices of Proposed Rulemakings (NPRMs)). 3. Final Rule - This section includes rules that will be issued as a final rule within a year. 4. Long-Term Action - This section includes rulemakings for which the next scheduled regulatory action is after October 2005. 5. Completed Action - This section contains actions that have been promulgated and published in the Federal Register since publication of the Spring 2004Agenda. It also includes actions that we are no longer considering. If an action appears in the completed section, it will not appear in future Agendas unless we decide to initiate action again, in
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