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<DOC>
[December 13, 2004 (Volume 69, Number 238)]
[Unified Agenda]
 [frwais.access.gpo.gov]
                         

[Page 73786-73805]
 
ENVIRONMENTAL PROTECTION AGENCY (EPA)

_______________________________________________________________________


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Part XXV





Environmental Protection Agency





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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: 
ncepimal@one.net, 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: schwartz.philip@epa.gov

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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