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_______________________________________________________________________

Part XXII





Environmental Protection Agency





_______________________________________________________________________



Semiannual Regulatory Agenda


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ENVIRONMENTAL PROTECTION AGENCY (EPA)                                  
  
  
_______________________________________________________________________
  

 
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL-5071-4]

Regulatory Agenda

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

_______________________________________________________________________

SUMMARY: EPA's regulatory agenda is published each April and October. 
It serves as a semiannual summary of current and projected rulemakings, 
reviews of existing regulations, and Agency actions completed since the 
previous publication of the agenda. By providing the public with 
current and advance information about pending regulatory activities, 
the Agency hopes to encourage more effective public participation in 
the regulatory process.

ADDRESSES: To be placed on the mailing list for future agendas, contact 
Bridgette Dent, Regulatory Development Branch (2136), EPA, 401 M Street 
SW., Washington, DC 20460, (202) 260-5475.

    If you have suggestions to improve this publication or need 
general information about the agenda, contact Angela Suber, 
Regulatory Development Branch (2136), EPA, 401 M Street SW., 
Washington, DC 20460, (202) 260-7205.

FOR FURTHER INFORMATION CONTACT: If you need detailed information about 
a particular entry, the name, address, and telephone number of an 
agency contact who is most familiar with the subject matter is listed 
for each action.

SUPPLEMENTARY INFORMATION: For this edition of EPA's regulatory agenda, 
the most important significant regulatory actions are included in The 
Regulatory Plan, which appears in Part II of this issue of the Federal 
Register. The Regulatory Plan entries are listed in the Table of 
Contents below and are denoted by a bracketed bold reference, which 
directs the reader to the appropriate Sequence Number in Part II. The 
agenda provides the title, an abstract, legal authority, CFR reference, 
any analysis EPA is preparing, contact person, and schedule for 
completing the action for each regulation under review. The following 
statutes are covered in the agenda:

Asbestos Hazard Emergency Response Act (AHERA)

Atomic Energy Act (AEA)

Clean Air Act (CAA) and Clean Air Act as Amended (1990)

Clean Water Act (CWA)

Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA)

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Federal Food, Drug, and Cosmetics Act (FFDCA)

Hazardous and Solid Waste Amendments (HSWA)

Marine Protection, Research, and Sanctuaries Act (MPRSA)

National Environmental Policy Act (NEPA)

Resource Conservation and Recovery Act (RCRA)

Safe Drinking Water Act (SDWA)

Superfund Amendments and Reauthorization Act (SARA)

Toxic Substances Control Act (TSCA)

Water Quality Act of 1987 (WQA)

General (Other acts, including grant and procurement regulations that 
apply to several program areas.)

    EPA's agenda also illustrates the Agency's compliance with 
various mandates. Included among these is the requirement of 
Executive Order 12866 to submit the Agency's priority regulatory 
activities for inclusion in the Administration's annual 
``Regulatory Plan.'' Those priority activities are noted in the 
``Significance'' section of the rule entry.

    EPA's agenda entries also provide evidence of compliance with 
the other requirements of Executive Order 12866. Each entry 
indicates if it will be subject to OMB review; an indication of 
``Undetermined'' generally means that discussions are still 
underway between EPA and OMB as to whether it will be reviewed 
under the Executive order. Additionally, there is an indication if 
a rulemaking is considered ``economically significant'' under the 
Executive order. ``Economically significant'' rules are those that 
``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'' and require an economic assessment. This compliance 
is also noted in the ``Significance'' section of each entry.

    EPA also seeks to enhance public participation in development 
of proposed rules by potentially affected stakeholders. We 
therefore invite expressions of interest to be directed to the 
contact person listed for each rule.

    The Regulatory Flexibility Act (RFA) requires the 
identification of those regulations which are likely to have a 
``significant economic impact on a substantial number of small 
entities'' (i.e., small governments, small businesses, and small 
nonprofit organizations). Under the requirements of the Act, such 
regulations must be subjected to a ``regulatory flexibility 
analysis.'' This analysis must consider the likely economic impacts 
on small entities, as well as any significant alternatives to the 
rule which accomplish the objectives of applicable statutes and 
which minimize significant economic impacts of the rulemaking on 
small entities.

    In April 1992, EPA adopted a policy which exceeds the 
requirements of the RFA (this policy applies to rulemakings that 
were initiated on or after April 7, 1992). For rulemakings subject 
to this policy, EPA will perform a regulatory flexibility analysis 
if the rule is likely to have any economic impact on any small 
entity. For rulemakings not subject to this policy (i.e., initiated 
prior to April 9, 1992), a regulatory flexibility analysis will be 
conducted only if the rulemaking will meet the RFA's standard of 
having a ``significant impact on a substantial number of small 
entities.''

    Each rulemaking listed in this agenda indicates in the 
``Analysis'' section whether EPA expects to conduct a regulatory 
flexibility analysis. If EPA believes small entities will be 
affected by a rulemaking, this is indicated under the ``Small 
Entities Affected'' and/or the ``Government Levels Affected'' 
section of the summary for each listed rule. EPA invites public 
comment regarding EPA's assessment of which of the listed 
rulemakings are appropriate for regulatory flexibility analysis. 
(See ``Small Entities Index to the Environmental Protection Agency 
Agenda'' at the end of this document. It lists the regulatory 
actions EPA believes may have effects on small businesses, small 
governmental jurisdictions, or small organizations.)

    The RFA requires that existing regulations that have a 
significant economic impact on a substantial number of small 
entities are to be reviewed within 10 years of promulgation of the 
regulations. As part of that process, EPA invites public comment 
identifying any existing EPA rules believed to have a significant 
economic impact on a substantial number of small entities. Comments 
should be provided in the following format:

<bullet> Title

<bullet> Authorizing statute and CFR citation

<bullet> Description of economic effects on small entities, especially 
on the commenting person or organization

<bullet> Recommendations for changes

Any additional detailed comments or data are welcome.

    When the EPA completes its review of an existing rule, it will 
indicate in the agenda whether that rulemaking will be continued 
without change or will be amended or rescinded consistent with the 
stated objectives of applicable statutes to minimize any 
significant economic impact of the regulations upon a substantial 
number of small entities.

    The agenda is organized by statute and ordered numerically 
within each statutory area. Entries within each statute are divided 
into four categories: (1) Prerule, (2) proposed rule, (3) final 
rule, and (4) completed actions (i.e., regulations that EPA is 
deleting from the agenda because the Agency has completed, 
withdrawn, or postponed them indefinitely). Detailed information on 
each of these categories is presented below. A bullet (<bullet>) 
preceding an entry indicates that this is the first time this entry 
appears in an agenda.

I. Prerulemakings

    Prerulemaking actions are activities intended to determine 
whether to initiate rulemaking. These activities include anything 
that influences or leads to rulemaking, such as advance notices of 
proposed rulemaking, significant studies or analyses of the 
possible need for regulatory action, requests for public comment on 
the need for regulatory action, or important preregulatory policy 
proposals.

II. Proposed and Final Rules

    This section includes all significant EPA regulations. EPA 
lists regulations in this category of the agenda that are within a 
year of proposal or promulgation. The listings, however, generally 
exclude (a) specialized categories of actions (e.g., EPA approvals 
of State plans and other actions that do not apply nationally) and 
(b) routine actions (e.g., pesticide tolerances and minor 
amendments to existing rules).

    The Agency has attempted to list all regulations and regulatory 
reviews except those considered as minor, routine, or repetitive 
actions. There is no legal significance to the inadvertent omission 
of an item from the listing. The agenda reflects dates for actions 
on each item; these dates are estimates that should not be 
construed as an Agency commitment to act on or by the date shown. 
The Administrator of EPA will be reviewing the items contained in 
this agenda over the next 6 months. Items in this agenda may be 
deleted, or new items may be added, as a result of that review.

III. Completed Actions

    These are actions that appeared in the previous agenda, which 
EPA is deleting because they are completed or are no longer under 
consideration for rulemaking.

Dated: September 8, 1994.

David M. Gardiner,

Assistant Administrator,
Office of Policy, Planning, and Evaluation.

                   Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Prerule Stage                   
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
3908        SAN No. 3430.  Pesticides; Tolerance Program Revisions (Reg Plan Seq. No. 140)........   2070-AC74  
----------------------------------------------------------------------------------------------------------------
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.          


                Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Proposed Rule Stage                
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------
3909        SAN No. 3154.  Revocation of Pesticide Food Additive Tolerances Subject to the Delaney              
            Clause................................................................................    2070-AC55 
3910        SAN No. 3199.  Interpretation of Raw Agricultural Commodity...........................    2070-AC54 
3911        SAN No. 3429.  Pesticide Worker Protection Standard; Training Provisions for Workers..    2070-AC69 
3912        SAN No. 3558.  Worker Protection Standard: Revision of Crop Advisor Requirements......    2070-AC82 
3913        SAN No. 2684.  Regulation of Plant-Produced Pesticides under FIFRA and FFDCA..........    2070-AC02 
3914        SAN No. 2687.  Pesticide Data Requirements for Registration (Revision)................    2070-AC12 
3915        SAN No. 3019.  Microbiological Water Purifiers; Labeling Claims.......................    2070-AC43 
3916        SAN No. 3222.  Pesticides and Groundwater State Management Plan Regulation............    2070-AC46 
3917        SAN No. 2337.  Procedures To Make Restricted Use Pesticides Available to Noncertified               
            Persons for Use by Certified Applicators..............................................    2070-AB48 
3918        SAN No. 2725.  FIFRA Books and Records of Pesticide Production and Distribution                     
            (Revision)............................................................................    2070-AC07 
3919        SAN No. 2659.  Pesticide Management and Disposal: Standards for Pesticide Containers                
            and Containment.......................................................................    2070-AB95 
3920        SAN No. 2639.  Child-Resistant Packaging Regulations (Revision).......................    2070-AB96 
3921        SAN No. 3318.  Exemption of Sterilant Pesticide Products From Regulation Under the                  
            Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)............................    2070-AC58 
3922        SAN No. 3320.  Regulatory Relief for Low-Risk Pesticides..............................    2070-AC67 
----------------------------------------------------------------------------------------------------------------


                  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)--Final Rule Stage                 
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation 
 Sequence                                           Title                                            Identifier 
  Number                                                                                               Number   
----------------------------------------------------------------------------------------------------------------

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