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eDt 3AR9 62 p 4 97Jt139 O000Fm001Ft41 ft41 :F\MAV800adv880 E:\FR\FM\ADV88.020 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt173997 16:26Apr24, 1997 VerDate 23-APR-97 federal register April 25,1997 Friday Semiannual RegulatoryAgenda Protection Agency Environmental Part XXII 22295 22296 Federal Register / Vol. 62, No. 80 / Friday, April 25, 1997 / Unified Agenda

ENVIRONMENTAL PROTECTION AGENCY (EPA)

EPA

ENVIRONMENTAL PROTECTION generally applicable mandates may these dates are estimates only and AGENCY prove ineffective or inefficient in a should not be construed as an absolute specific application. Agency commitment to act on or by the 40 CFR Ch. I How the Agenda Is Organized date shown. [FRL-5803-9] Each agenda entry includes the title, We also seek to enhance public legal authority, CFR reference, legal participation in the development of Semiannual Regulatory Agenda deadline, abstract, and timetable. Each proposed rules by potentially affected AGENCY: Environmental Protection entry also indicates the categories of stakeholders. We therefore invite Agency. small entities and levels of government expressions of interest to be directed to the contact person listed for each rule. ACTION: Semiannual regulatory agenda. that may be subject to any requirement being proposed in rulemaking and III. Long-Term Actions whether the Agency plans to prepare a This section includes actions with SUMMARY: The regulatory agenda is a Regulatory Flexibility Analysis under publication dates beyond the next 12 semiannual publication which lists the the Regulatory Flexibility Act. In months. We will continue to work with Environmental Protection Agency’s addition, we indicate whether an entry interested stakeholders to develop (EPA) current and projected regulations, is part of the Reinventing Government relevant information to support these reviews of existing regulations, and any effort. Lastly, the agenda includes an rules. actions that have been completed or agency contact person for each entry. withdrawn since the November 29, IV. Completed Actions The agenda is organized by statute 1996, publication. We encourage public and then ordered by statutory authority This section contains actions that participation in developing these within each statute. Entries within each appeared in the previous agenda but regulations. statute are divided into five categories: which we are deleting because they are ADDRESSES: To be placed on the agenda (1) Prerule, (2) proposed rule, (3) final completed or are no longer under mailing list, either write to rule, (4) long-term actions (i.e., actions consideration for rulemaking. If an USEPA/NCEPI at PO Box 42419, under preparation that will not be action appears in the completed section, Cincinnati, Ohio 45242, or fax your published until after the 1-year horizon it will not appear in future agendas, request to (513) 489-8695. You may call for this agenda), and (5) completed unless we decide to initiate action 1-800-490-9198 for confirmation that actions (i.e., actions that EPA is deleting again, in which case it will appear as a your request was received. from the agenda because the Agency has new entry. FOR FURTHER INFORMATION CONTACT: If completed, withdrawn, or postponed Regulatory Flexibility Act you have suggestions to improve this them indefinitely). Detailed information The Regulatory Flexibility Act (RFA) publication, comments on rules that on each of these categories is presented requires that an agency prepare a ∑ may substantially impact small entities, below. A bullet ( ) preceding an entry Regulatory Flexibility Analysis for any or need general information about the indicates that this is the first time an rule subject to notice and comment agenda, contact Angela Suber, Office of action appears in the agenda. rulemaking requirements, unless the Regulatory Management and I. Prerulemakings Agency certifies that the rule will not Information, Regulatory Management Prerulemaking actions are intended to have a ‘‘significant economic impact on Division (2136), EPA, 401 M Street SW., determine whether to initiate a substantial number of small entities’’ Washington, DC 20460, (202) 260-7205. rulemaking. Prerulemakings may (i.e., small governments, small If you need substantive information include anything that influences or businesses, and small nonprofit about a particular entry, the name, leads to rulemaking, such as advance organizations). A Regulatory Flexibility address, and telephone number of the notices of proposed rulemaking, Analysis must identify the extent to agency contact who is most familiar significant studies or analyses of the which small entities will be subject to with the subject matter is listed for each possible need for regulatory action, the rule’s requirements, as well as any action. requests for public comment on the significant alternatives to the rule which SUPPLEMENTARY INFORMATION: need for regulatory action, or important accomplish the objectives of applicable preregulatory policy proposals. statutes and which minimize any Regulatory Priorities and Schedules significant economic impacts on small EPA is devoting its best efforts toward II. Proposed and Final Rules entities. In the agenda, we have full protection of human health and the This section includes EPA rulemaking identified those rules that will, if environment and remains fully actions that are within a year of promulgated, impose any requirements committed to reinventing its regulations proposal or promulgation. The listings, on any small entities by indicating in to provide greater environmental however, generally exclude (a) the ‘‘Small Entities Affected’’ section protection at less cost. EPA continues to specialized categories of actions (e.g., the category of small entities that will be make efforts to reduce paperwork EPA approvals of State plans and other subject to the rule requirements. The burden, to develop common-sense actions that do not apply nationally) agenda also indicates in the ‘‘Analysis’’ regulatory actions, and to delete or and (b) routine actions (e.g., pesticide section whether we expect to prepare a modify burdensome regulations tolerances and minor amendments to Regulatory Flexibility Analysis for a currently in place. We also give priority existing rules). There is no legal particular rule because currently to initiatives that offer novel solutions significance to the inadvertent omission available information indicates that the to real environmental problems posed of an item from the listing. The agenda rule will likely have a significant by an industry or locality when shows dates for actions on each entry; adverse economic impact on a

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ENVIRONMENTAL PROTECTION AGENCY (EPA) EPA

substantial number of small entities. We This regulation controls volatile 4. Lead Phasedown (Revision) (Clean invite public comment on our organic compound emissions from Air Act, section 211, 42 U.S.C. 7545). assessment of those rules which are industrial surface coating operations for In 1995, this rule was reviewed and likely to warrant a Regulatory Flexibility large appliances. It applies to each was judged to still be necessary to Analysis because of the extent of their prime coat or top coat operation. The maintain the ban on lead in gasoline. potential impact on small entities. (See ‘‘affected facility’’ is application However, the rule’s recordkeeping and ‘‘Environmental Protection Agency station(s), flashoff area, and curing oven. reporting requirements were found to be Index to Entries That May Affect Small In 1996, this rule was reviewed and no longer necessary due to Congress’ Entities’’ at the end of this document. It found to be necessary to achieve application of a statutory ban on lead in also lists the regulatory actions we reductions in volatile organic gasoline. These recordkeeping and believe result in regulatory requirements compound emissions needed to help reporting requirements were repealed by on small businesses, small States attain the National Ambient Air final rule on 2/2/96, 61 FR 3872. governmental jurisdictions, or small Quality Standard for Ozone. As part of nonprofit organizations.) that review, it was found that the 5. Importation of Motor Vehicles and Section 610 of the RFA requires that recordkeeping and reporting burden Motor Vehicle Engines (Revision) (Clean an agency review within 10 years of could be reduced by reducing the Air Act, section 203, 42 U.S.C. 7522). promulgation those regulations it has frequency of reporting from quarterly to This rule was first reviewed in 1993 issued that have or will have a semiannually, without compromising in response to an industry petition and significant economic impact on a the rule’s effectiveness. This was done has been reviewed periodically since substantial number of small entities. by final rule on 9/11/96, 61 FR 47840. then to reduce the burden and expense Section 610 requires that, in reviewing 2. NSPS: Industrial Surface Coating: of certifying and testing imported these rules to minimize any significant Metal Furniture (Clean Air Act, section vehicles. The overall rule was found to economic impact on a substantial 111, 42 U.S.C. 7411). be necessary to assure that Federal number of small entities, the agency standards on motor vehicle pollution consider the following factors: This regulation establishes emission continue to be met. The Agency standards for volatile organic 1) The continued need for the rule; proposed modifications to reduce the compounds from surface coating of burden on 3/24/94, 59 FR 13912, and 2) The nature of public comments metal furniture. The ‘‘affected facility’’ 2/12/96, 61 FR 5840. EPA continues to received; includes applications, flashoff, and oven review the program and expects to 3) The complexity of the rule; areas of coating line. In 1996, this rule finalize the remaining burden-reducing 4) The extent to which the rule was reviewed and found to be necessary provisions in 1997. to achieve reductions in volatile organic overlaps or duplicates other Federal 6. Amendments to the Asbestos compound emissions needed to help rules; and Worker Protection Rule (see RIN 2070- States attain the National Ambient Air AC66). 5) The degree to which technology or Quality Standard for Ozone. As part of economic factors have changed since that review, it was found that the 7. Amendments to the Asbestos the rule was promulgated. recordkeeping and reporting burden Containing Materials in Schools Rule In 1995, as part of the President’s could be reduced by reducing the (see RIN 2070-AC62). request that all Federal regulatory frequency of reporting from quarterly to 8. Revised Asbestos Model agencies review their regulations, EPA semiannually, without compromising Accreditation Plan (see RIN 2070- did a thorough review of its regulations the rule’s effectiveness. This was done AC51). considering these among other factors. by final rule on 9/11/96, 61 FR 47840. 9. Polychlorinated Biphenyls (PCBs); Many of the entries in today’s agenda 3. NSPS: Industrial Surface Coating: indicate that the regulatory action Disposal Amendments (see RIN 2070- Metal Coils (Clean Air Act, section 111, AC01). stems, at least in part, from the 42 U.S.C. 7411). Reinventing Government effort and While some revisions to these rules indicates the results of that review (i.e., This regulation controls emissions of have been made or are under revises CFR text to reduce burden or volatile organic compounds from metal development, we request comments on duplication or streamline requirements). coil industrial surface coating whether additional changes would Although the Agency believes that operations. It affects each prime coating reduce impacts on small entities while these reinvention activities and each finish coating operation. In still accomplishing the objectives of the accomplished the objectives of section 1996, this rule was reviewed and found statute authorizing the rule. If you 610, the Agency is currently reviewing to be necessary to achieve reductions in would like to provide any comments on the following rules as part of our volatile organic compound emissions these rules, particularly with respect to reinvention efforts and pursuant to needed to help States attain the National potential small entity impacts, please section 610: Ambient Air Quality Standard for provide your comments in the following Ozone. As part of that review, it was format: (A description and the statutory found that the recordkeeping and • Title of Regulation(s) authority are provided for each of those reporting burden could be reduced by • Authorizing statute and Code of rules that are not listed elsewhere in reducing the frequency of reporting Federal Regulations citation this agenda.) from quarterly to semiannually, without • Description of economic effects on 1. NSPS: Industrial Surface Coating: compromising the rule’s effectiveness. small entities, especially on the Large Appliances (Clean Air Act, This was done by final rule on 9/11/96, commenting person or organization section 111, 42 U.S.C. 7411). 61 FR 47840. (In commenting, please consider the

VerDate 23-APR-97 16:26 Apr 24, 1997 Jkt 173997 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\ADV88.020 adv880 22298 Federal Register / Vol. 62, No. 80 / Friday, April 25, 1997 / Unified Agenda

ENVIRONMENTAL PROTECTION AGENCY (EPA) EPA

five factors for a 610 review described Division (Mail Code: 2136), USEPA, 401 Fairness Act (SBREFA), which President above.) M Street SW., Washington, DC 20460. Clinton signed into law on March 29, • Recommendation(s) for change(s) 1996. A rule is ‘‘major’’ under SBREFA When we complete our review of an if the Office of Information and Using this same format, we also invite existing rule, we will indicate in the Regulatory Affairs of the Office of you to identify any other existing rules agenda whether that rule will be that you believe the Agency should continued without change or will be Management and Budget makes one of evaluate under the provisions of section amended or rescinded consistent with several specified findings, including 610 because you believe the rule the stated objectives of applicable that the rule is likely economically imposes requirements that have a statutes. significant. significant adverse economic impact on a substantial number of small entities. Finally, this agenda also indicates in Dated: March 25, 1997. Send your comments to Angela Suber, the ‘‘Priority’’ section whether a rule Rob Wolcott, Office of Regulatory Management and may be considered ‘‘major’’ under the Acting Deputy Assistant Administrator, Office Information, Regulatory Management Small Business Regulatory Enforcement of Policy, Planning, and Evaluation. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)ÐPrerule Stage