vvEPA
United States
Environmental Protection
Agency
Office Of Policy, Economics,
And Innovation
(2136 A)
EPA230-Z-00-001 V
Reprinted —Federal Register
April 2000
Environmental Protection Agency
April 2000 Agenda Of
Regulatory And
Deregulatory Actions
EPA believes that if the people affected by rules
take part in developing them, we will produce rules that
are clearer, less burdensome, and more effective .
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April 2000 Agenda of Regulatory and Deregulatory
Actions
We must inform and involve those who
must live with the decisions we make -
the communities, the industries, the
people of this country.
Administrator
Carol M. Browner
United States
Environmental Protection Agency
Office of Policy, Economics, and Innovation
April 2000
U.S. Environmental Protection Agency
Region 5, Library (PL-12J)
77 West Jackson Boulevard, 12th Floor
CMcagoJL 60604-3590
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23430
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
FRL-6549-2
April 2000 Agenda of Regulatory and
Deregulatory Actions
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Agenda of Regulatory and Deregulatory
Actions to update the public about:
• Regulations currently under
development,
• Reviews of existing regulations, and
• Rulemakings completed or canceled
since the last Agenda.
EPA believes that if the people
affected by rules take part in developing
them, we will produce rules that are
clearer, less burdensome, and more
effective.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to receive copies
of future Agendas, please contact Janice
Gray-Ndunguru (2136), 1200
Pennsylvania Avenue NW., Washington,
DC 20460; or
gray-ndunguru.janice@epa.gov; or by
phone at (202) 564-6572. There is no
charge for the Agenda.
FOR FURTHER INFORMATION CONTACT: We
welcome your comments and
suggestions. If you have questions or
comments about a particular rule, please
get in touch with the agency contact
listed for that rule. If you have general
comments or questions about the EPA's
mlemaking process, please direct them
to: Philip Schwartz (2136),
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
The Rulemaking Process
EPA's Regulatory Philosophy and
Priorities
What Actions Are Included in the
Agenda?
How Is the Agenda Organized?
What Information Is in Agenda Entries?
Impacts on Small Entities
Accessing Federal Register Documents
via the Internet and via Email
The Rulemaking Process
Congress has created a number of
requirements that agencies must meet
when they issue regulations. These
requirements are designed to support
the creation of quality regulations and
protect the rights of people affected by
agencies' rules. These requirements are
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. You can find
information on many of these statutes at
http://www.law.cornell.edu/uscode/.
President Clinton has also ordered
that we meet a number of requirements
when we issue regulations. Of particular
significance for EPA rulemakings are
Executive Orders 12866 (Regulatory
Planning and Review), 13045
(Children's Health Protection), 13084
(Consultation and Coordination with
Indian Tribal Governments), and 13132
(Federalism). You can find information
on these and other Executive orders at
http://library.whitehouse.gov/.
We encourage you to take part in the
rulemaking process to make your views
known and help us craft rules that:
• Protect human health,
• Preserve and enhance the
environment, and
• Meet environmental goals without
being unnecessarily burdensome.
In addition to contacting the expert
responsible for developing a particular
rule, you also can comment on proposed
rules that we publish in the Federal
Register. Once we have proposed a rule,
we will consider your comments and
address them before issuing a final rule.
To be most effective, comments should
contain information and data that
support your position, and you should
also explain why we should incorporate
your suggestion in the final rule. You
can be particularly helpful and
persuasive if you provide examples to
illustrate your concerns and offer
specific alternatives.
The Agenda also includes some of our
more important guidance documents.
While these documents are not legally
binding on EPA or outside parties, they
will guide our thinking in major policy
areas. We invite you to take part in
developing these documents.
EPA's Regulatory Philosophy and
Priorities
EPA's efforts to develop a system that
works better and costs less are focused
on five areas: Greater public access to
information, more regulatory flexibility
to obtain better results; stronger
partnerships with States, tribes, and
industries, more compliance assistance,
and less paperwork and red tape. To
learn more about what we are
accomplishing in these areas please
refer to the "Statement of Regulatory
Priorities" contained in EPA's
regulatory plan (64 FR 64023; and
online at
http://ciir.cs.umass.edu/ciirdemo/
ua/AgendaOctoberl 999/web pages/
priority/pfile-14.html).
What Actions Are Included in the
Agenda?
EPA includes regulations and certain
major policy documents in the Agenda.
We do not generally include minor
amendments or the following categories
of actions in the Agenda:
• 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:
Actions regarding pesticide tolerances
and food additive regulations;
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).
• 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.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23431
EPA
The Office of Management and Budget
has exempted most of these actions from
the Executive Order 12866 review
procedures. There is no legal
significance to the omission of an item
from the Agenda.
How Is the Agenda Organized?
In accordance with Executive Order
12866, we publish the EPA Agenda of
Regulatory and Deregulatory Actions in
April and October of each year as part
of the Unified Agenda of Federal
Regulatory and Deregulatory Actions.
We have organized the Agenda:
• First, by the law that would authorize
a particular regulation;
• Second, by the current stage of
development (proposal, final, etc.);
and
• Third, by the section number of the
statute which requires or authorizes
the rule.
The following 14 sections deal with
13 laws that EPA administers and a
fourteenth broader section called
"General" that includes cross-cutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules:
1. General
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Toxic Substances Control Act
(TSCA)
6. The Emergency Planning and
Community Right-to-KnowAct
(EPCRA)
7. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
8. The Resource Conservation and
Recovery Act (RCRA)
9. The Oil Pollution Act (OPA)
10. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
11. The Clean Water Act (CWA)
12. The Safe Drinking Water Act
(SDWA)
13. The Marine Protection, Research,
and Sanctuaries Act (MPRSA)
14. The Shore Protection Act (SPA)
In each of these 14 sections, there are
up to 5 headings covering the following
stages of rulemaking:
1. Prerulemakings—Prerulemaking
actions are 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 by section 610 of the
Regulatory Flexibility Act, requests
for public comment on the need for
regulatory action, or important
preregulatory policy proposals.
2. Proposed Rules—This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs).
3. Final Rules—This section includes
rules that are within a year of final
promulgation.
4. Long-Term Actions—This section
includes rulemakings for which the
next scheduled regulatory action is
after March 2001.
5. Completed Actions—This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the November 1999 Agenda. 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
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the Agenda.
What Information Is in Agenda Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates where
the entry appears in the Agenda.
Title: Titles for new entries (those that
haven't 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 (5 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below.
Economically Significant: As defined
in Executive Order 12866, a
rulemaking action that will have an
annual effect on the economy of $100
million or more or will 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.
OMB reviews all economically
significant rules under Executive
Order 12866.
Other Significant: A rulemaking that
is not economically significant but is
considered significant by the agency.
This category includes rules that are
an EPA priority and rules that EPA
anticipates will be reviewed by the
Office of Management and Budget
under Executive Order 12866 because
they are likely to:
• create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
• materially alter the budgetary
impact of entitlements, grants, user
fees, or loan programs or the rights
or obligations of recipients; or
• raise novel legal or policy issues.
Substantive, Nonsignificant: A
rulemaking that has substantive
impacts but is neither Significant, nor
Routine and Frequent, nor
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a multiple
recurring application of a regulatory
program in the Code of Federal
Regulations and that does not alter the
body of the regulation.
Informational/Administrative/Other:
A rulemaking that is primarily
informational or pertains to agency
matters not central to accomplishing
the agency's regulatory mandate but
that the agency places in the Agenda
to inform the public of the activity.
Also, if we believe that a rule may be
"major" as defined in the congressional
review provisions of the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) (5 U.S.C. 801; Public Law.
104-121) 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, we indicate this
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
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the Code
of Federal Regulations that will 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
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the regulation will address; the
need for a Federal solution; to the extent
available, the alternatives that the
agency is considering to address the
problem; and the potential advantages
and disadvantages of the action.
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
a rule development. The projections in
the Agenda are our 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
Regulatory Flexibility Act. Generally,
such an analysis is required for
proposed or final rules that EPA
believes may have a significant
economic impact on a substantial
number of small entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small entities.
Government Levels Affected: Indicates
whether we expect the rule to 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
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 1 year
by State, local, and tribal governments,
in the aggregate, or by the private sector.
If we expect to exceed the section 202
threshold, we note that in this section.
Reinventing Government: If an action is
part of the President's Reinventing
Government Initiative, we indicate it in
this section.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: A code number that EPA
uses to identify and track rulemakings.
RIN: The Regulatory Identifier Number
is used by OMB to identify and track
rulemakings.
Impacts on Small Entities
Rules Under Development Expected To
Have Some Impact on Small Entities,
but Not a Significant Impact on a
Substantial Number
In the "Small Entities Affected"
section, we indicate whether we expect
an action will have an impact on small
businesses, governments, or nonprofit
organizations, but one which is less
than a significant impact on a
substantial number. In the second index
at the end of the Agenda, we list all
actions that we believe will not have a
significant impact on a substantial
number of small entities but which will
have some impact on small entities.
Regulatory Flexibility Act
Considerations: Rules Expected To Have
a Significant Impact on a Substantial
Number of Small Entities
The Regulatory Flexibility Act (RFA)
as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) requires that we pay
particular attention to the impact of
regulations on small entities (i.e., small
businesses, small governmental
jurisdictions, and small nonprofit
organizations). The RFA/SBREFA
applies to rules we are now developing
and requires us to:
1. Convene a Small Business Advocacy
Review (SBAR) Panel prior to
proposing any rule with the potential
to impose a significant economic
impact on a substantial number of
small entities (RFA section 609).
SBREFA also established the EPA's
Small Business Advocacy Chair who
chairs each SBAR Panel. A SBAR
Panel has four members: The Chair,
the Chief Counsel for Advocacy of the
Small Business Administration, the
Administrator of the Office of
Information and Regulatory Affairs
within the Office of Management and
Budget, and a senior manager from
the EPA program office responsible
for the subject rule. In the case of
rules requiring a SBAR Panel, the
Agency's small entity outreach prior
to the convening of a Panel
culminates in the development of a
summary document that contains
information on the potential impact of
a proposed rule on small entities, and
particularly on the issues referenced
in RFA section 609. This summary
then serves as the basis for convening
the Panel. The Panel then conducts its
review, carries out its own small
entity outreach, and prepares a final
report based on the comments from
the small entity representatives and
the Panel's deliberations. The Panel's
final report is provided to the EPA
Administrator and is made a part of
the rulemaking record. Rules listed in
the first appendix at the end of the
Agenda may require Small Business
Advocacy Review Panels.
2. At the proposed and final rule stages
of rule development, the Agency must
prepare a regulatory flexibility
analysis for any rule subject to notice
and comment rulemaking
requirements (RFA sections 603 and
604), unless the Administrator
certifies that the rule will not have a
"significant economic impact on a
substantial number of small entities"
(RFA section 605). A regulatory
flexibility analysis must, among other
items specified in the RFA, identify
the extent to which small entities will
be subject to the rule's requirements
and describe any significant
alternatives to the rule that
accomplish the objectives of
applicable statutes and which
minimize any significant economic
impacts on small entities. We have
listed in the first index at the end of
the Agenda all rules under
development that may require a
regulatory flexibility analysis.
3. RFA section 610 requires that an
agency review within 10 years of
promulgation those regulations that
have or will have a significant
economic impact on a substantial
number of small entities. We
undertake these reviews to decide
whether we should continue the rule
unchanged, amend it, or withdraw it.
We announce our forthcoming 610
reviews in the "Prerule" section of the
Agenda. We encourage small entities
to provide comments on the need to
change these rules. We will consider
all of your comments as we decide
whether to continue, amend, or
withdraw these rules. We particularly
encourage comments by small entities
about how rules could be made
clearer, more effective, or remove
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23433
EPA
conflicting or overlapping
requirements with other Federal or
State regulations. Please direct your
comments to the contact person listed
in the Agenda entry. If you have
general questions about our 610
review program or suggestions for
other rules we should review under
section 610, please contact Philip
Schwartz (2136), Environmental
Protection Agency, 401 M Street SW.,
Washington, DC 20460; fax: (202) 260-
5478, e-mail:
schwartz.philip@epa.gov.
Accessing Federal Register Documents
via the Internet and via Email
Like many organizations in the public
and private sector, EPA is harnessing
the power of the Internet to meet the
needs of those we serve. The EPA Web
site offers more than 100,000 files
online.
In February 2000, we significantly
upgraded the security of EPA Internet
computer systems. As a result, we are
not currently updating information as
often as usual for some Agency Web
sites.
You may subscribe for e-mail about
our electronic Federal Register (FR)
document collections. We maintain 12
collections including: air; water; wastes
and emergency response; pesticides;
toxic substances; right-to-know and
toxic release inventory; environmental
impacts; endangered species; meetings;
the Science Advisory Board; daily full-
text notices with page numbers; and
general information. For more
information and to subscribe via our FR
Web site, visit: http://www.epa.gov/
fedrgstr/subscribe.htm. If you have e-
mail without full Internet access, please
send an e-mail to envsubset@epa.gov to
request instructions for subscribing to
the EPA Federal Register listservers.
Several Web sites allow access to the
full text of Federal Register documents.
• The Government Printing Office site
has a number of databases online
including the Unified Agenda and the
Federal Register going back to 1994.
This site is the official source for the
electronic Federal Register. It
provides public access via telnet,
Internet, and dial-up connection and
is located at
http://www.access.gpo.gov/
su_docs/aces/aaces002 .html.
GENERAL—Proposed Rule Stage
• EPA's site
(http://www.epa.gov/fedrgstr/) has
environmental rules issued by EPA
and other Federal agencies dating
back to October 1994 and lets you
search by date, page citation or
keyword. It includes links to the
Regulatory Information Service Center
and Government Printing Office sites.
• The Regulatory Information Service
Center of the General Services
Administration maintains a site to
help users who want to find
information about Federal, State, and
local regulations at
http://www.reginfo.gov/. This site
includes all agencies' regulatory
agendas and regulatory plans going
back to October 1995.
In the Additional Information section
of many of the entries in this Agenda we
include the Internet address for
documents that we have already
published as part of the rulemaking.
The April 2000 EPA Agenda follows.
Dated: March 24, 2000.
Richard T. Farrell,
Associate Administrator, Office of Policy and
Reinvention.
Sequence
Number
3107
3108
3109
3110
3111
3112
3113
3114
3115
3116
3117
3118
3119
3120
3121
3122
3123
3124
Title
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements .
SAN No 4191 Revision to EPAAR 1552.211-73, Level of Effort
SAN No 4226 Incorporating Informal Clauses (EP) Into the EPAAR
SAN No 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No 3629 EPA Mentor-Protege Program
SAN No 3876 Incrementally Funding Fixed Price Contracts
SAN No 3874 Deletion of EPA Acquisition Regulations for Quality Systems for Environmental Programs
SAN No 3817 Implementation of Changes to 40 CFR Part 32
SAN No 3240 Public Information and Confidentiality Regulations
SAN No 4180 Rewriting of EPA Regulations Implementing the Freedom of Information Act
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule
SAN No 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No 4351 Warrants for On-Scene Coordinators
SAN No 4396 Business Ownership Representation
SAN No 4397 Contractor Diversity Clause
SAN No 4398 Display of EPA Office of Inspector General Hotline Poster
SAN No 4400 Administrative Corrections to EPAAR 1515 Contracting By Negotiation
SAN No 41 75 Pesticide Tolerance Reassessment Program
Regulation
Identification
Number
2020-AA39
2030-AA64
2030-AA66
2030-AA67
2030-AA40
2030-AA50
2030-AA51
2030-AA48
2020-AA21
2020-AA40
2020-AA41
2020-AA42
2030- AA68
2030- AA69
2030- AA70
2030-AA71
2030-AA73
2070-AD24
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EPA
GENERAL—Final Rule Stage
Sequence
Number
3125
3126
3127
3128
3129
3130
3131
3132
3133
3134
3135
3136
Title
SAN No. 3736 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (State) Grant Reg-
ulation
SAN No. 4128 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (Tribal) Grant
Rule
SAN No 4187 EPAAR Coverage on Local Hiring and Training
SAN No 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 3807 Consolidation of Good Laboratory Practice Standards (GLPS) Regulations Currently Under TSCA
and FIFRA Into One Rule
SAN No 3933 Environmental Impact Assessment of Nongovernmental Activities in Antarctica
SAN No 4185 Electronic Funds Transfer .. .
SAN No 4399 Ratification and Debarment/Suspension Procedures
SAN No 4401 Revision to Award Fee Clauses, 1552 216-70 and 1552 216-75
SAN No 3890 Tolerances for Pesticide Emergency Exemptions
SAN No 4027 Pesticides' Tolerance Processing Fees
SAN No 3671 Guidelines for Carcinogen Risk Assessment
Regulation
Identification
Number
2030-AA55
2030-AA56
2030-AA62
2030-AA37
2020-AA26
2020-AA34
2030-AA57
2030- AA72
2030- AA74
2070-AD15
2070-AD23
2080- AA06
GENERAL—Completed Actions
Sequence
Number
3137
Title
SAN No. 4386 Codification to Revision of OMB Circular A-110: Public Access to Data Produced Under an Award
Regulation
Identification
Number
2030-AA75
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3138
SAN No. 4393 Methyl Tertiary Butyl Ether; Advanced Notice of Intent To Initiate Rulemaking Under the Toxic Sub-
stances Control Act To Eliminate or Limit the Use of MTBE as a Fuel Additive
2060-AJOO
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
3139
3140
3141
3142
3143
3144
3145
3146
3147
3148
3149
3150
3151
3152
3153
3154
3155
3156
Title
SAN No 3263 Performance Warranty and Inspection/Maintenance Test Procedures
SAN No 3262 Inspection/Maintenance Recall Requirements
SAN No. 3407 Method 301: Field Validation of Pollution Measurement Methods for Various Media; Revisions
SAN No 3412 Operating Permits: Revisions (Part 70)
SAN No 3649 Amendments to Method 24 (Water-Based Coatings) ..
SAN No 3741 Service Information Availability . .
SAN No 3819 NSPS" Sewage Sludge Incinerators
SAN No 3820 NESHAP: Plywood and Composite Wood Products
SAN No 3970 NESHAP' Miscellaneous Cellulose Production
SAN No 3969 NESHAP- Municipal Solid Waste Landfills .
SAN No 3986 Consolidated Emission Reporting Rule
SAN No 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions
SAN No 3910 Streamlined Evaporative Test Procedures
SAN No 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas
SAN No 4022 NESHAP- Coke Ovens: Pushing, Quenching, and Battery Stacks
SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import &
Export .. .
SAN No 41 1 1 NESHAP- Fumed Silica Production
SAN No. 4114 NESHAP: Polwinvl Chloride and CoPolvmers Production
Regulation
Identification
Number
2060-AE20
2060-AE22
2060-AFOO
2060-AF70
2060-AF72
2060- AG 13
2060-AG50
2060-AG52
2060-AH11
2060-AH13
2060-AH25
2060-AH31
2060-AH34
2060-AH53
2060-AH55
2060-AH67
2060-AH72
2060-AH82
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EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3157 SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources 2060-AH84
3158 SAN No. 4082 NESHAP: Wet-formed Fiberglass Mat Production 2060-AH89
3159 SAN No. 4003 Technical Change to Dose Methodology for 40 CFR 191, Subpart A 2060-AH90
3160 SAN No. 4333 Decision on a Petition from the Territory of American Samoa to be Exempted from the Gasoline
Anti-dumping Regulations 2060-AI60
3161 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
3162 SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models) 2060-AF01
3163 SAN No. 3656 NESHAP/NSPS: Reciprocating Internal Combustion Engine 2060-AG63
3164 SAN No. 3657 NESHAP: Combustion Turbine 2060-AG67
3165 SAN No. 3343 NESHAP: Iron Foundries and Steel Foundries 2060-AE43
3166 SAN No. 3346 NESHAP: Integrated Iron and Steel 2060-AE48
3167 SAN No. 3326 NESHAP: Reinforced Plastic Composites Production 2060-AE79
3168 SAN No. 3452 NESHAP: Miscellaneous Organic Chemical Production and Miscellaneous Coating Production 2060-AE82
3169 SAN No. 3449 NESHAP: Chlorine Production 2060-AE85
3170 SAN No. 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63 2060-AF31
3171 SAN No. 3747 NESHAP: Boat Manufacturing 2060-AG27
3172 SAN No. 3749 NESHAP: Tire Manufacturing 2060-AG29
3173 SAN No. 3823 NESHAP: Large Appliance (Surface Coating) 2060-AG54
3174 SAN No. 3825 NESHAP: Miscellaneous Metal Parts and Products (Surface Coating) 2060-AG56
3175 SAN No. 3827 Paper and Other Web Coating NESHAP 2060-AG58
3176 SAN No. 3655 NESHAP: Asphalt Roofing and Processing 2060-AG66
3177 SAN No. 3837 NESHAP: Industrial, Commercial and Institutional Boilers 2060-AG69
3178 SAN No. 3902 NESHAP: Semiconductor Production 2060-AG93
3179 SAN No. 3905 NESHAP: Metal Coil (Surface Coating) Industry 2060-AG97
3180 SAN No. 3907 NESHAP: Automobile and Light-Duly Truck Manufacturing (Surface Coating) 2060-AG99
3181 SAN No. 3908 Offset Lithographic Printing National VOC Rule 2060-AHOO
3182 SAN No. 3924 NESHAP: Primary Magnesium Refining 2060-AH03
3183 SAN No. 2841 NESHAP: Chromium Electroplating Amendment 2060-AH08
3184 SAN No. 3968 NESHAP: Site Remediation 2060-AH12
3185 SAN No. 3964 NESHAP: Leather Tanning and Finishing Operations 2060-AH17
3186 SAN No. 3903 NESHAP: Solvent Extraction for Vegetable Oil Production 2060-AH22
3187 SAN No. 3972 NESHAP: Rocket Engine Test Firing 2060-AH35
3188 SAN No. 3971 NESHAP: Organic Liquid Distribution 2060-AH41
3189 SAN No. 3973 NESHAP: Flexible Polyurethane Foam Fabrication Operations 2060-AH42
3190 SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71 Regarding the Provisions for Determining Potential To
Emit 2060-AI01
3191 SAN No. 4218 NESHAP: Process Heaters 2060-AI35
3192 SAN No. 3751 NSPS: New Source Performance Standards and Emission Guidelines for Other Solid Waste Incin-
erators 2060-AG31
3193 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
3194 SAN No. 3824 Metal Furniture (Surface Coatings) NESHAP 2060-AG55
3195 SAN No. 3826 Plastic Parts (Surface Coating) NESHAP 2060-AG57
3196 SAN No. 3139 Location of Selective Enforcement Audits of Foreign Manufactured Vehicles and Engines; Amend-
ment 2060-AD90
3197 SAN No. 3979 Review of Federal Test Procedures for Emissions From Motor Vehicles; Test Procedure Adjust-
ments to Fuel Economy and Emission Test Results 2060-AH38
3198 SAN No. 3673 Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales Restriction 2060-AG20
3199 SAN No. 4271 Protection of Stratospheric Ozone: Additional Steps to conform US Methyl Bromide Program to Ob-
ligations under the Montreal Protocol and Recent Changes to the CAA 2060-AI41
3200 SAN No. 4385 Amendments to Vehicle Inspection Maintenance Program Requirements Implementing the Onboard
Diagnostic Check; Proposed Amendment to the Final Rule 2060-AJ03
3201 SAN No. 4105 NESHAP: Generic MACT for Carbon Black, Ethylene, Cyanide and Spandex 2060-AH68
3202 SAN No. 4115 NESHAP: Chromium Electroplating Amendment 2060-AH69
3203 SAN No. 4154 Control of Emissions From Nonroad Spark-Ignition Engines Rated Over 19 kW and New Land-
Based Recreational Spark-Ignition Engines 2060-AM1
-------
23436
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3204 SAN No. 4251 Control of Emissions of Air Pollution from New Compression-Ignition and Spark-Ignition Rec-
reational Marine Engines 2060-AI36
3205 SAN No. 4252 Protection of Stratospheric Ozone: Manufacture of Halon Blends, Intentional Release of Halon,
Technical Training and Disposal of Halon and Halon-Containing Equipment - Amendment 2060-AI40
3206 SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and Preshipment Methyl Bro-
mide Used in the United States and Baseline Adjustments 2060-AI42
3207 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3208 SAN No. 4284 Revision of Schedule for Standards Under section 112 of the Clean Air Act 2060-AI52
3209 SAN No. 4285 Control of Emissions of Hazardous Pollutants from Motor Vehicles and Motor Vehicle Fuels 2060-AI55
3210 SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision 2060-AI56
3211 SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments 2060-AI62
3212 SAN No. 4316 NESHAP for Ethylene Oxide Commercial Sterilization Operations-Monitoring Amendments 2060-AI64
3213 SAN No. 4310 NESHAP for the Printing and Publishing Industry; Amendments 2060-AI66
3214 SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing 2060-AI67
3215 SAN No. 4355 Heavy-Duty Engine Emission Standards and Diesel Fuel Sulfur Control Requirements 2060-AI69
3216 SAN No. 4313 Petitions to Delist Hazardous Air Pollutants (e.g., MEK, EGBE, Methanol, and MIBK) from Section
112(b)(1) of the Clean Air Act 2060-AI72
3217 SAN No. 4144 NESHAP: Engine Test Facilities 2060-AI74
3218 SAN No. 4346 NESHAP: Lightweight Aggregate Manufacturing 2060-AI75
3219 SAN No. 4354 National Emission Standards for Hazardous Air Pollutants for Source Categories - Pharmaceuticals
Production; Proposed Amendments 2060-AI78
3220 SAN No. 4273 Proposed Rule to Amend Subpart H, 40 CFR Part 61 for Emissions of Radionuclides Other Than
Radon from DOE Facilities 2060-AI90
3221 SAN No. 4304 National Ambient Air Quality Standard for Ozone - Corrections Notice 2060-AI95
3222 SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
Particulate Matter as PM2.5 2060-AI96
3223 SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule 2060-AI97
3224 SAN No. 4358 Regulation of Fuels and Fuel Additives: Reformulated Gasoline Adjustment 2060-AI98
3225 SAN No. 4380 NESHAP: Taconite Iron Ore Processing Industry 2060-AJ02
3226 SAN No. 4402 NESHAP: Oil & Natural Gas Production & Natural Gas Transmission & Storage; Amendments 2060-AJ08
3227 SAN No. 4417 Removal of Aluminum Die Casting and Aluminum Foundries From the Secondary Aluminum
NESHAP and Applicability Stay for These Industries 2060-AJ11
3228 SAN No. 4390 New Source Review Sector-Based Approach 2060-AJ14
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3229
3230
3231
3232
3233
3234
3235
3236
3237
3238
3239
3240
SAN No. 3259 New Source Review (NSR) Reform
SAN No. 3380 NSPS: Synthetic Organic Chemicals Manufacturing Industry - Wastewater (FINAL) & Amend, to
Appendix C of Part 63 & Appendix J of Part 60
SAN No. 3549 NESHAP: Petroleum Refineries—FCC Units, Reformers and Sulfur Plants
SAN No. 3569 Source Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51
SAN No. 3637 Federal Implementation Plan (FIP) To Control Emissions From Sources Located on the Fort Hall
Indian Reservation
SAN No. 3568 Environmental Radiation Protection Standards for Yucca Mountain, Nevada
SAN No. 3743 Amendments for Testing and Monitoring Provisions to Part 60, Part 61, and Part 63
SAN No. 3744 Amendment to Standards of Performance for New Stationary Sources; Monitoring Requirements
(PS-1)
SAN No. 3748 Consolidated Federal Air Rule for the Synthetic Organic Chemical Manufacturing Industry
SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates in
Stationary Source Emissions
SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR Part 51 (Method 203)
2060-AE11
2060-AE94
2060-AF28
2060-AF42
2060-AF83
2060-AF84
2060-AG14
2060-AG21
2060-AG22
2060-AG28
2060-AG88
2060-AH23
-------
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23437
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3241 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
3242 SAN No. 4123 NESHAP: for Source Category: Pulp and Paper Production; Amendments to the Promulgated Rule 2060-AH74
3243 SAN No. 4103 NESHAP: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Industry
(SOCMI) & Other Processes Subject to the Negotiated Regulation for Equipment Leaks 2060-AH81
3244 SAN No. 4077 Protection of Stratospheric Ozone: Reconsideration on the 610 Nonessential Products Ban 2060-AH99
3245 SAN No. 4165 Optional Certification Streamlining Procedures for LDVs, LDTs, and HDEs 2060-AI15
3246 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate ... 2060-AI45
3247 SAN No. 4295 Additional Flexibility Amendments to Inspection Maintenance Program Requirements; Amendments
to the Final Rule 2060-AI61
3248 SAN No. 3304 NESHAP: Phosphate Fertilizers Production 2060-AE44
3249 SAN No. 3340 NESHAP: Primary Copper Smelting 2060-AE46
3250 SAN No. 3078 NESHAP: Secondary Aluminum Industry 2060-AE77
3251 SAN No. 3550 NESHAP: Manufacturing of Nutritional Yeast 2060-AF30
3252 SAN No. 3829 Revisions to the Regulation for Approval of State Programs and Delegation of Federal Authorities
112(1) 2060-AG60
3253 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins and Group IV Poly-
mers and Resins 2060-AH47
3254 SAN No. 4162 NESHAP: Oil and Natural Gas Production and NESHAP: Natural Gas Transmission and Storage,
Amendments 2060-AI13
3255 SAN No. 3613 New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid
Waste Incineration Units 2060-AF91
3256 SAN No. 4352 Transportation Conformity Amendment: Deletion of Grace Period 2060-AI76
3257 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3258 SAN No. 3361 Nonroad Spark-Ignition Engines At or Below 19 Kilowatts (25 Horsepower) (Phase 2) 2060-AE29
3259 SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Sec-
tion 608 2060-AF36
3260 SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
Refrigerants 2060-AF37
3261 SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under the Significant New Alter-
natives Policy (SNAP) Program 2060-AG12
3262 SAN No. 4159 Redefinition of Glycol Ethers Listed as HAPs Under the Clean Air Act, and Hazardous Substances
Under CERCLA 2060-AI08
3263 SAN No. 4043 Control of Emissions of Air Pollution From 2004 and Later Model Year Heavy-Duty Highway En-
gines and Vehicles; Revision of Light-Duty Truck Definition 2060-AI12
3264 SAN No. 4219 Hospital/Medical/Infectious Waste Incinerators—Federal Plan (Federal Plan for existing
Hospital/Medical/lnfectious Waste Incinerators) 2060-AI25
3265 SAN No. 4240 NESHAP: Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand Alone
Semichemical Pulp Mills 2060-AI34
3266 SAN No. 4243 Standards and Guidelines for Small Municipal Waste Combustion Units 2060-AI51
3267 SAN No. 4286 National Emission Standards for Benzene Emissions from Coke By-Product Recovery Plants (Part
61, subpart L) 2060-AI65
3268 SAN No. 4282 Technical Amendment to the Finding of Significant Contribution and Rulemaking for Certain States
for Purposes of Reducing Regional Transport of Ozone (The NOx SIP Call rule) 2060-AI71
3269 SAN No. 4318 Protection of Stratospheric Ozone: Allocation of 2000 Essential-Use Allowances 2060-A173
3270 SAN No. 4353 Amendments to the Aerospace Manufacturing and Rework Facilities NESHAP for the Hap and Voc
Content Limits for Primer Operations and Stay of Compliance 2060-AI77
3271 SAN No. 4315 Source Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2060-AI79
3272 SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts and Rhode Island 2060-AI80
3273 SAN No. 4275 Amendment to National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent
Cleaning 2060-AI91
3274 SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes 2060-AI94
3275 SAN No. 4387 Amendments to State and Federal Operating Permits Programs, Part 70 and Part 71, Compliance
Certification Requirements 2060-AJ04
3276 SAN No. 4384 Direct Final Amendments to the Polyether Polyols NESHAP 2060-AJ10
3277 SAN No. 4388 Extending Operating Permits Program Interim Approval Expiration Dates 2060-AJ12
3278 SAN No. 4379 Electric Arc Furnace NSPS Amendment 2060-AJ13
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23438
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3279
SAN No. 4410 Protection of Stratospheric Ozone Allocation of Essential-Use Allowances for Calendar Year 2000:
Laboratory Essential Use Exemptions
2060-AJ15
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3280 SAN No. 3553 Implementation of Ozone and Paniculate Matter (PM) National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations 2060-AF34
3281 SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program 2060-AG92
3282 SAN No. 3975 Review of Minor New Sources and Modifications in Indian Country 2060-AH37
3283 SAN No. 4045 Rulemaking To Modify the List of Source Categories From Which Fugitive Emissions Are Consid-
ered in Major Source Determinations 2060-AH58
3284 SAN No. 4102 NESHAP: Taconite Iron Ore Processing 2060-AH73
3285 SAN No. 4104 NESHAP: Hydrochloric Acid Production Industry 2060-AH75
3286 SAN No. 4116 NESHAP: Ammonium Sulphate Production (Caprolactam By-Product) 2060-AH77
3287 SAN No. 4107 NESHAP: Asphalt/Coal Tar Application on Metal Pipes 2060-AH78
3288 SAN No. 4113 NESHAP: Clay Processing Minerals 2060-AH79
3289 SAN No. 4112 NESHAP: Hydrogen Chloride Production 2060-AH80
3290 SAN No. 4098 NESHAP: Uranium Hexafluoride Production 2060-AH83
3291 SAN No. 4096 Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the Eastern
United States 2060-AH87
3292 SAN No. 4070 General Conformity Regulations; Revisions 2060-AH93
3293 SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40 CFR Part 51) 2060-AI47
3294 SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan 2060-AI49
3295 SAN No. 3746 NESHAP: Paint Stripping Operations 2060-AG26
3296 SAN No. 3754 Petroleum Solvent Dry Cleaners Maximum Achievable Control Technology (MACT) Standard 2060-AG34
3297 SAN No. 3652 NESHAP: Refractories Manufacturing 2060-AG68
3298 SAN No. 3651 NESHAP: Lime Manufacturing 2060-AG72
3299 SAN No. 3899 NESHAP: Friction Products Manufacturing 2060-AG87
3300 SAN No. 3906 NESHAP: Metal Can (Surface Coating) Industry 2060-AG96
3301 SAN No. 3909 NESHAP: Fabric Printing, Coating and Dyeing 2060-AG98
3302 SAN No. 3962 NESHAP: Manufacture of Carbon Black 2060-AH19
3303 SAN No. 2937 Field Citation Program 2020-AA32
3304 SAN No. 3904 NESHAP: Wood Building Products (Surface Coating) 2060-AH02
3305 SAN No. 4245 Consumer and Commercial Products: Flexible Package Printing Materials: Determination on Con-
trol Techniques Guidelines in Lieu of Regulation 2060-AI31
3306 SAN No. 4110 NESHAP: Alumina Processing 2060-AH70
3307 SAN No. 4222 NESHAP: Ethylene Oxide Commercial Sterilization and Fumigation Operations 2060-AI37
3308 SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AI44
3309 SAN No. 3626 Protection of Stratospheric Ozone: Amendment to Transshipment Provision in Final Rule Accel-
erating the Phaseout of Ozone-Depleting Substances 2060-AI46
3310 SAN No. 4274 Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour
Standard is No Longer Applicable (7 areas) 2060-AI57
3311 SAN No. 4343 NESHAP: Ceramics 2060-AI68
3312 SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia,
Delaware, Maryland, and New Jersey 2060-AI99
3313 SAN No. 4391 Rescinding the Finding That the Pre-existing PM10 Standards Are No Longer Applicable in North-
ern Ada County/Boise, Idaho 2060-AJ05
3314 SAN No. 4413 NESHAP: Aluminum Die Casting and Aluminum Foundries 2060-AJ09
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23439
EPA
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3315 SAN No. 4095 Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Re-
ducing Interstate Ozone Transport 2060-AH88
3316 SAN No. 4108 NESHAP: Off-Site Waste and Recovery Operations; Final Rule—Settlement Agreement; and
NESHAP for Off-Site Waste and Recovery Operations; Technical Amendments 2060-AH96
3317 SAN No. 4078 Control of Emissions of Air Pollution From New Marine Diesel Engines At or Above 37 Kilowatts .... 2060-AI17
3318 SAN No. 4211 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards 2060-AI23
3319 SAN No. 3228 NESHAP: Manufacturing of Amino/Phenolic Resins (previously known as Polymers & Resins Group
III) 2060-AE36
3320 SAN No. 3341 NESHAP: Cyanide Chemicals Manufacturing 2060-AE45
3321 SAN No. 3377 NESHAP: Publicly Owned Treatment Works (POTW)-Amendments 2060-AF26
3322 SAN No. 3821 NESHAP: Ethylene Processes 2060-AG53
3323 SAN No. 3967 NESHAP: Spandex Production 2060-AH14
3324 SAN No. 4328 List of Regulated Substances and Thresholds for Accidental Release Prevention; Petition to Delist
Vinyl Acetate 2050-AE70
3325 SAN No. 4291 List of Regulated Substances and Thresholds for Accidental Release Prevention; Proposed
Amendment; Flammable Hydrocarbon Fuel Exemption 2050-AE72
3326 SAN No. 4244 Amendment to Regulations Governing Equivalent Emission Limitations by Permit 2060-AI28
3327 SAN No. 4066 Federal Plan Requirements for Municipal Solid Waste Landfills that Commenced Construction Prior
to 5/30/91 and Have Not Been Modified or Reconstructed Since 5/30/91 2060-AI50
3328 SAN No. 4289 Process Wastewater Provisions of the Generic MACT 2060-AI53
3329 SAN No. 4335 Revisions to Promulgation of Federal Implementation Plan for Arizona - Maricopa Nonattainment
Area PM-10 Test Methods 2060-AI54
3330 SAN No. 4272 Area Source Title V Operating Permit Deferrals 2060-AI58
3331 SAN No. 4287 National Volatile Organic Compound Emission Standard for Architectural Coatings; Proposed
Amendments 2060-AI63
3332 SAN No. 4356 Regulation of Fuels and Fuel Additives: Extension of Reformulated Gasoline Program to the Kan-
sas City, KS Former Ozone Nonattainment Area 2060-AI70
3333 SAN No. 4273 Proposed Rule to Amend Subpart H, 40 CFR Part 61 for Emissions of Radionuclides Other Than
Radon from DOE Facilities 2060-AI81
3334 SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes 2060-AI85
3335 SAN No. 4304 National Ambient Air Quality Standard for Ozone - Corrections Notice 2060-AI86
3336 SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
Paniculate Matter as PM2.5 2060-AI87
3337 SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule 2060-AI88
3338 SAN No. 4358 Regulation of Fuels and Fuel Additives: Reformulated Gasoline Adjustment 2060-AI89
3339 SAN No. 4339 Amendments to the NESHAP: Halogenated Solvent Cleaning 2060-AJ01
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3340
3341
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria
2060-AH63
2060-AJ07
ATOMIC ENERGY ACT (AEA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3342
SAN No. 3602 Protective Action Guidance for Drinking Water,
2060-AF39
-------
23440
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3343
SAN No. 4170 Pesticides; Procedures for Registration Review Program 2070-AD29
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
3344
3345
3346
3347
Title
SAN No 2687 Data Requirements for Pesticide Registration (Revision)
SAN No 4173 Data Requirements for Antimicrobial Registrations' Product Chemistry Requirements
SAN No. 4143 Endocrine Disrupter Screening Program
SAN No 4216 Regulatory Review of Pesticide Emergency Exemption Regulations
Regulation
Identification
Number
2070- AC 12
2070-AD30
2070-AD26
2070-AD36
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3348
3349
3350
3351
3352
3353
3354
Title
SAN No 3731 WPS' Pesticide Worker Protection Standard' Glove Amendment
SAN No 2684 Exemptions for Plant Pesticides Regulated Under FIFRA and FFDCA
SAN No 3222 Ground Water and Pesticide Management Plan .
SAN No 3432 Pesticide Management and Disposal
SAN No 2659 Pesticide Management and Disposal* Standards for Pesticide Containers and Containment
SAN No. 3892 Registration Requirements for Antimicrobial Pesticide Products; and Other Pesticide Regulatory
Changes ...
SAN No 4347 Registration of Granular Fertilizer-Pesticide Combination Products
Regulation
Identification
Number
2070- AC93
2070-AC02
2070-AC46
2020-AA33
2070-AB95
2070- AD 14
2070-AD40
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3355
Title
SAN No. 2720 Policy
pended Registration
or Procedures for Notification to the Agency of Stored Pesticides With Cancelled or Sus-
Regulation
Identification
Number
2020-AA29
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Completed Actions
Sequence
Number
3356
Title
SAN No. 4260 Status
of Pesticide-Treated Seeds under FIFRA
Regulation
Identification
Number
2070-AD37
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3357
TWR
SAN No
SAN No
Title
4176 Chemical Right-to-Know Initiative .
4174 TSCA Section 4 Enforceable Consent Agreement for Certain Oxygenated Fuel Additives
Regulation
Identification
Number
2070-AD25
2070-AD28
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000 / Unified Agenda
23441
EPA
Sequence
Number
3359
3360
3361
3362
3363
3364
3365
3366
3367
3368
3369
3370
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Proposed Rule Stage
Title
SAN No 4015 TRI' Review of Chemicals on the Original TRI List
SAN No. 4376 Lead-Based Paint Activities Rules; Training, Accreditation, and Certification Rule and Model State
Plan Rule — Building and Structures Section 402(a) ... ...
SAN No. 3990 Multi-Chemical Test Rule; High Production Volume Chemicals
SAN No. 3494 Test Rules' Generic Entry for Proposed Decisions
SAN No. 2245 Test Rules' Negotiated Consent Order and Test Rule Procedures
SAN No. 2563 Test Rule; ATSDR Substances
SAN No. 3882 Test Rule for Certain Metals
SAN No. 1923 Follow-Up Rules on Existing Chemicals
SAN No. 3894 TSCA Biotechnology Follow-Up Rules
SAN No. 2249 Asbestos Worker Protection Rule Amendments
SAN No. 3557 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section
402(c)(3)
SAN No. 4172 Lead; Notification Requirements for Lead-based Paint Abatement Activities and Training
Regulation
Identification
Number
2070-AD18
2070-AC64
2070-AD1 6
2070-AB07
2070-AB30
2070-AB79
2070-AD10
2070-AA58
2070-AD13
2070-AC66
2070-AC83
2070-AD31
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3371
3372
3373
3374
3375
3376
3377
3378
3379
3380
3381
3382
3383
3384
3385
3386
Title
SAN No. 3301 TSCA Inventory Update Rule Amendments
SAN No. 3243 Lead; TSCA Section 403; Identification of Dangerous Levels of Lead
SAN No. 3493 Test Rules; Generic Entry for Final Decisions
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 4425 Test Rule; OSHA Chemicals Dermal Testing
SAN No. 1976 Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3495 Chemical-Specific Significant New Use Rules (SNURs) To Extend Provisions of Section 5(e) Or-
ders
SAN No. 2150 PCBs; Polychlorinated Biphenyls; Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce
SAN No. 3528 Refractory Ceramic Fibers; Significant New Use Rules on National Program Chemicals
SAN No. 3021 PCBs; Polychlorinated Biphenyls (PCBs) Reclassification of PCB and PCB Electrical Equipment
Rule
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No. 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules
SAN No. 2779 Acrylamide; Prohibition on Manufacture, Importation, Distribution and Use of Acrylamide for Grout-
ing
SAN No. 31 18 TSCA Section 8(e) Policy; Notice of Clarification
SAN No. 3559 Notice of TSCA Section 4 Reimbursement Period and TSCA Section 12(b) Export Notification Pe-
riod Sunset Dates for TSCA Section 4 Substances
Regulation
Identification
Number
2070-AC61
2070-AC63
2070-AB94
2070-AC76
2070-AD42
2070-AA59
2070-AB27
2070-AB20
2070-AC37
2070-AC39
2070-AC51
2070-AB08
2070-AB1 1
2070- AC 17
2070-AC80
2070-AC84
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3387
3388
3389
3390
Title
SAN No. 3508 Lead; Management and Disposal of Lead-Based Paint Debris Section 402(a)
SAN No. 2865 Voluntary Children's Chemical Safety Testing Program
SAN No. 3252 Lead; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
SAN No. 4179 PCBs; Polychlorinated Biphenyl; Use Authorizations
Regulation
Identification
Number
2070-AC72
2070-AC27
2070-AC21
2070-AD27
-------
23442
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3391 SAN No. 3243 Lead; Overview of Rulemakings Under TSCA Section 402, Lead-Based Paint Activities for the Reg-
ulatory Plan 2070-AD06
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
iffiffiK,
Number
3392 SAN No. 2847 TRI; Pollution Prevention Act Information Requirements 2070-AC24
3393 SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemp-
tion 2070-AD39
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
S^ue.ncre Title ldeerrtlflcaticn
Number Number
3394 SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory 2070-ACOO
3395 SAN No. 4259 TRI; Lowering of EPCRA Section 313 Reporting Thresholds for Lead and Lead Compounds 2070-AD38
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions
_ Regulation
Sequence T|t,e Identification
Number Number
3396 SAN No. 3007 TRI; Chemical Expansion; Finalization of Deferred Chemicals 2070-AC47
3397 SAN No. 3877 TRI; Data Expansion Amendments; Toxic Chemical Release Reporting; Community Right-to-Know 2070-AD08
3398 SAN No. 4023 TRI; Addition of Oil and Gas Exploration and Production to the Toxic Release Inventory 2070-AD19
3399 SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule 2050-AE17
3400 SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet from the Extremely Hazardous Substances
(EHSs)List 2050-AE42
3401 SAN No. 3993 Modification of Threshold Planning Quantity for Isophorone Diisocyanate 2050-AE43
3402 SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of "Overburden" as it relates to the mining industry 2070-AD41
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Completed Actions
„ Regulation
Sequence Ti,ie Identification
Number Number
3403 SAN No. 3880 TRI; Reporting Threshold Amendment for Certain Persistent and Bioaccumulative Toxic Chemicals
(PBTs) 2070-AD09
CHEMICAL SAFETY INFORMATION, SITE SECURITY AND FUELS REGULATORY RELIEF ACT—Proposed Rule
Stage
_ Regulation
Mqueunce Title Identification
Number Number
3404 SAN No. 4345 Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air
Act Section 112(r)(7); Distribution of Off-Site Consequences Analysis Information 2050-AE80
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23443
EPA
CHEMICAL SAFETY INFORMATION, SITE SECURITY AND FUELS REGULATORY RELIEF ACT—Final Rule
Stage
Sequence
Number
Title
Regulation
Identification
Number
3405
SAN No. 4302 Amendments to the List of Regulated Substances and Thresholds for Accidental Release Preven-
tion; Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail Facilities
2050-AE74
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3406
3407
3408
SAN No. 3201 Regulatory Determination on Remaining Wastes From the Combustion of Fossil Fuels
SAN No. 4093 Reinventing the Land Disposal Restrictions Program
SAN No. 4350 Criteria for Municipal Solid Waste Landfills (Section 610 Review)
2050-AD91
2050-AE53
2050-AE75
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3409 SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste 2050-AE32
3410 SAN No. 3888 Mercury-Containing and Rechargeable Battery Management Act; Codification of Waste Manage-
ment Provisions 2050-AE39
3411 SAN No. 3989 Removal of Requirement To Use SW-846 Methods (Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods) 2050-AE41
3412 SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-AE44
3413 SAN No. 4083 Listing of Hazardous Waste; Inorganic Chemical Wastes; Land Disposal Restrictions for Newly List-
ed Wastes; CERCLA Hazardous Substances Reportable Quantities 2050-AE49
3414 SAN No. 4084 Office of Solid Waste Burden Reduction Project 2050-AE50
3415 SAN No. 4090 RCRA Appendix VIII Streamlining 2050-AE55
3416 SAN No. 3066 Listing Determination of Wastes Generated During the Manufacture of Azo, Anthraquinone, and Tri-
arylmethane Dyes and Pigments 2050-AD80
3417 SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Ma-
terials 2050-AE23
3418 SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors-Phase II
Covering Boilers and Certain Industrial Furnaces 2050-AE01
3419 SAN No. 3328 Hazardous Waste Identification Rule (HWIR): Identification and Listing of Hazardous Wastes 2050-AE07
3420 SAN No. 3147 Hazardous Waste Manifest Regulation 2050-AE21
3421 SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and Wipes 2050-AE51
3422 SAN No. 4092 Glass-to-Glass Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regula-
tions 2050-AE52
3423 SAN No. 4094 Land Disposal Restrictions; Potential Revisions for Mercury Listed and Characteristic Wastes 2050-AE54
3424 SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners from Primary Aluminum Re-
duction (K088) and Regulatory Classification of K088 Vitrification Units 2050-AE65
3425 SAN No. 4230 Revisions to Solid Waste Landfill Criteria—Leachate Recirculation 2050-AE67
3426 SAN No. 4208 Proposed Regulatory Amendments on Recycling of Hazardous Wastes in Fertilizers 2050-AE69
3427 SAN No. 4419 Proposed Amendments to the Corrective Action Management Unit Rule 2050-AE77
3428 SAN No. 4418 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors-Phase I
Clarification and Proposed Changes 2050-AE79
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3429
3430
SAN No. 3856 Management of Cement Kiln Dust (CKD)
SAN No. 4088 Recycled Used Oil Containing PCBs
2050-AE34
2050-AE47
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23444
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000 / Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage (Continued)
Sequence
Number
3431
3432
3433
Title
SAN No 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No. 3151 Listing Determination for Wastewaters and Wastewater Treatment Sludges from Chlorinated
Aliphatics Productions; Land Disposal Restrictions for Newly Identified Waste
SAN No. 4360 Alternative Land Disposal Restrictions Treatment Standards for Contaminated Soils, Deferral of
RGB's as an Underlying Hazardous Constituent in Soil
Regulation
Identification
Number
2050-AC71
2050-AD85
2050-AE76
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3434
3435
3436
3437
3438
3439
3440
Title
SAN No. 3428 Hazardous Waste Management System: Slag Residues Derived From High Temperature Metals
Recovery (HTMR) Treatment of KO61 KO62 and F006 Wastes
SAN No 3668 Hazardous Waste Identification' Recycled Used Oil Management Standards
SAN No 4017 Storage Treatment Transportation and Disposal of Mixed Waste
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
nated Media and Debris from Underground Storage Tanks
SAN No. 2390 Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management
Facilities
SAN No 4263 Temporary Suspension of Toxicity Characteristic Rule for Specific Lead-Based Paint Debris
SAN No. 441 1 Notice of Data Availability Regulation of Gasification Devices Processing Hazardous Waste at Pe-
troleum Refineries ... ...
Regulation
Identification
Number
2050-AE15
2050-AE28
2050-AE45
2050-AD69
2050-AB80
2050-AE68
2050-AE78
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3441
3442
3443
Title
SAN No. 3886 Review of Toxicity Characteristic Level for Silver Under
(RCRA)
SAN No. 4178 180-Day Accumulation Time Under RCRA for Generators
from the Metal Finishing Industry
SAN No. 4229 Revisions to Guidelines for the
Solid Waste
Storage and Collection of
the Resource Conservation Recovery Act
of F006 Waste Water Treatment Sludges
Residential, Commercial, and Institutional
Regulation
Identification
Number
2050-AE37
2050-AE60
2050-AE66
OIL POLLUTION ACT (OPA)—Final Rule Stage
Sequence
Number
3444
3445
Title
SAN No 2634 Oil Pollution Prevention Regulation' Revisions
SAN No. 4217 Facility Response Plan Regulation for Certain Non-Transportation-Related Facilities that Handle,
Store or Transport Vegetable Oils and Animal Fats
Regulation
Identification
Number
2050-AC62
2050-AE64
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
3446
3447
3448
Title
SAN No 3423 Reportable Quantity Adjustments for Carbamates
SAN No 3439 National Priorities List for Uncontrolled Hazardous Waste Sites' Proposed and Final Rules
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions
Regulation
Identification
Number
2050-AE12
2050-AD75
2050-AE62
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23445
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3449
SAN No. 3806 Grants for Technical Assistance Rule Reform—40 CFR Part 35 Subpart M
2050-AE33
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3450
3451
3452
SAN No. 2394 Reporting Exemptions for Federally Permitted Releases of Hazardous Substances
SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Application and Implementation of Claims
Against Superfund
SAN No. 4201 Criteria for the Designation of Hazardous Substances under CERCLA Section 102(a)
2050-AB82
2050-AE38
2050-AE63
CLEAN WATER ACT (CWA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3453
SAN No. 4364 Effluent Limitations Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fi-
bers Category (Section 610 Review)
2040-AD45
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3454 SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2 2040-AB79
3455 SAN No. 3833 Effluent Guidelines and Standards for Iron and Steel Manufacturing Point Source Category 2040-AC90
3456 SAN No. 4153 Effluent Guidelines and Standards for the Feedlots Point Source Category, Swine and Poultry Sub-
categories, and NPDES Regulation for Concentrated Animal Feeding Operations 2040-AD19
3457 SAN No. 4167 Effluent Limitations Guidelines and Standards for the Feedlots Point Source Category, Dairy and
Beef Cattle Subcategories 2040-AD21
3458 SAN No. 4168 Revisions to Effluent Guidelines and Standards for the Coal Mining Point Source Category 2040-AD24
3459 SAN No. 4280 Effluent Guidelines for the Construction and Development Industry 2040-AD42
3460 SAN No. 4368 2000 Effluent Guidelines Program Plan 2040-AD47
3461 SAN No. 3662 Water Quality Standards Regulation — Revision 2040-AC56
3462 SAN No. 4264 Water Quality Standards for Alabama—Phase II 2040-AD35
3463 SAN No. 4344 Water Quality Standards for Indian Country Waters 2040-AD46
3464 SAN No. 4047 Test Procedures for the Analysis of Cryptosporidium and Giardia Under the Safe Drinking Water
and Clean Water Acts 2040-AD08
3465 SAN No. 4214 Test Procedures for the Analysis of E. Coli and Enterococci Under the Clean Water Act 2040-AD34
3466 SAN No. 4378 Revisions to Method Detection and Quantification for Use Under the Clean Water Act and Safe
Drinking Water Act 2040-AD53
3467 SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II 2040-AD39
3468 SAN No. 3444 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures Under Section
316(b) of the Clean Water Act 2040-AC34
3469 SAN No. 3786 NPDES Streamlining Rule — Round III 2040-AC84
3470 SAN No. 3999 Revisions to NPDES Requirements for Municipal Sanitary Sewer Collection Systems 2040-AD02
3471 SAN No. 4051 Establishment of Electronic Reporting for NPDES Permittees 2040-AD11
3472 SAN No. 4332 Recognition Awards Under the Clean Water Act 2040-AD44
3473 SAN No. 2804 Clean Water Act Definition of the Waters of the United States 2040-AB74
3474 SAN No. 4261 Further Revisions to Clean Water Act Definition of Discharge of Dredged Material 2040-AD41
3475 SAN No. 4375 Revision to Clean Water Act Regulatory Definition of "Fill Material 2040-AD51
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23446
Federal Register /Vol. 65, No. 79 /Monday, April 24, 2000 /Unified Agenda
EPA
CLEAN WATER ACT (CWA)— Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3476
3477
3478
3479
3480
3481
3482
3483
3484
3485
3486
3487
3488
3489
3490
3491
3492
SAN No. 2805 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry
SAN No. 3204 Effluent Guidelines and Standards for the Transportation Equipment Cleaning Category
SAN No. 3767 Reformatting of Effluent Guidelines and Standards in 40 CFR Parts 401 through 471
SAN No. 4086 Revisions to Effluent Guidelines and Standards for Synthetic-Based Drilling Fluids in the Oil and
Gas Extraction Point Source Category
SAN No. 4192 Effluent Guidelines and Standards for the Bleached Papergrade Kraft Subcategory of the Pulp,
Paper, and Paperboard Category; Certification in Lieu of Monitoring for Chloroform
SAN No. 3504 Establishment of Numeric Criteria for Priority Toxic Pollutants for the State of California
SAN No. 4195 Water Quality Standards for Alabama—Phase I
SAN No. 4235 Amend the Final Water Quality Guidance for the Great Lakes System to Prohibit Mixing Zones for
Bioaccumulative Chemicals of Concern
SAN No. 4234 EPA Review and Approval of State and Tribal Water Quality Standards
SAN No. 3713 Performance Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures
SAN No. 3155 Guidelines Establishing Test Procedures for the Analysis of Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean Water Act, Phase One
SAN No. 4409 Clean Water Act and Safe Drinking Water Act Methods Update
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution
SAN No. 3762 NPDES Streamlining Rule — Round II
SAN No. 4145 Total Maximum Daily Load (TMDL) Program Regulations Revisions
SAN No. 4294 Total Maximum Daily Load (TMDL) - NPDES and WQS Regulations Revisions
SAN No. 3288 Comparison of Dredged Material to Reference Sediment
2040-AB78
2040-AB98
2040-AC79
2040-AD14
2040-AD23
2040-AC44
2040-AD25
2040-AD32
2040-AD33
2040-AC93
2040-AC95
2040-AD59
2040-AC58
2040-AC70
2040-AD22
2040-AD36
2040-AC14
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3493 SAN No. 4050 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category, Phase II 2040-AD10
3494 SAN No. 4370 Effluent Limitations and Guidelines for the Dissolving Kraft and Dissolving Sulfite Subcategories of
the Pulp, Paper, and Paperboard Point Source Category (Phase III) 2040-AD49
3495 SAN No. 4406 Effluent Limitations Guidelines and Standards for the Aquaculture Industry 2040-AD55
3496 SAN No. 4407 Revisions to Effluent Guidelines and Standards for the Meat Products Point Source Category 2040-AD56
3497 SAN No. 4408 Effluent Guidelines and Standards for the Industrial Container and Drum Cleaning Point Source
Category 2040-AD57
3498 SAN No. 3661 Water Quality Standards; Establishment of Numeric Criteria for Priority Toxic Pollutants; States'
Compliance 2040-AC55
3499 SAN No. 3921 Selenium Criterion Maximum Concentration for Water Quality Guidance for the Great Lakes Sys-
tem 2040-AC97
3500 SAN No. 3618 Guidelines Establishing Whole Effluent Toxicity West Coast Test Procedures for the Analysis of
Pollutants Under the Clean Water Act 2040-AC54
3501 SAN No. 3702 Guidelines Establishing Test Procedures for the Analysis of Trace Metals Under the Clean Water
Act 2040-AC75
3502 SAN No. 3714 Increased Method Flexibility for Test Procedures Approved for Clean Water Act Compliance Moni-
toring 2040-AC92
3503 SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act 2040-AD09
3504 SAN No. 4089 Guidelines Establishing Test Procedures for the Analysis of Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean Water Act, Phase Two 2040-AD12
3505 SAN No. 4377 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Method 245.7) 2040-AD52
3506 SAN No. 3234 Revision of NPDES Industrial Permit Application Requirements and Form 2C—Wastewater Dis-
charge Information 2040-AC26
SAN No. 3488 Standards for the Use or Disposal of Sewage Sludge (Round II) 2040-AC25
SAN No. 4207 Amendments to Round I Final Sewage Sludge Use or Disposal Rule —Phase Two 2040-AC53
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23447
EPA
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3509
3510
3511
3512
3513
Title
SAN No. 3489 Effluent Guidelines and Standards for Landfills
SAN No. 4041 Effluent Guidelines and Standards for Commercial Hazardous Waste Combustors (formerly titled
Industrial Waste Combustors)
SAN No. 4193 Water Quality Standards; Establishment of Numeric Criteria for Priority Toxic Pollutants; States'
Compliance — Revision of Polychlorinated Biphenyls (PCBs) Criteria .
SAN No. 3701 Guidelines Establishing Test Procedures for the Analysis of Cyanide Under the Clean Water Act ....
SAN No. 3785 NPDES Comprehensive Storm Water Phase II Regulations . ..
Regulation
Identification
Number
2040-AC23
2040-AD03
2040- A D27
2040-AC76
2040-AC82
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3514
3515
3516
3517
3518
3519
3520
3521
Title
SAN No. 4212 Use of Screening Procedures for Compliance Monitoring of Drinking Water Contaminants
SAN No. 4373 Unregulated Contaminant Monitoring Rule - List 2
SAN No. 2340 National Primary Drinking Water Regulations' Ground Water Rule
SAN No. 2807 National Primary Drinking Water Regulations: Arsenic and Clarifications to New Source Contami-
nant Monitoring
SAN No. 4147 Long Term 1 Enhanced Surface Water Treatment and Filter Backwash Rule
SAN No. 4341 Long Term 2 Enhanced Surface Water Treatment Rule
SAN No. 4342 Stage 2 Disinfectants/Disinfection Byproducts Rule
SAN No. 4404 National Secondary Drinking Water Regulation for Methyl Tertiary Butyl Ether (MTBE)
Regulation
Identification
Number
2040-AD31
2040-AD58
2040-AA97
2040-AB75
2040-AD18
2040-AD37
2040-AD38
2040-AD54
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3522
3523
3524
3525
3526
3527
3528
Title
SAN No. 2281 National Primary Drinking Water Regulations: Radon
SAN No. 3563 Reformatting of Drinking Water Regulations
SAN No. 3992 National Primary Drinking Water Regulations: Radium, Uranium, Alpha, Beta and Photon Emitters
SAN No. 4281 Revision to the Interim Enhanced Surface Water Treatment Rule (IESWTR) and the Stage 1 Dis-
infectants and Disinfection Byproducts Rule (DBPR)
SAN No. 4009 Public Water System Public Notification Regulation
SAN No. 4236 Update of State Underground Injection Control Programs
SAN No. 4152 Drinking Water State Revolving Fund Regulations
Regulation
Identification
Number
2040-AA94
2040-AC41
2040-AC98
2040-AD43
2040-AD06
2040-AD40
2040-AD20
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
3529
3530
3531
Title
SAN No. 3176 National Primary Drinking Water Regulations: Sulfate
SAN No. 3238 National Primary Drinking Water Standards for Aldicarb
SAN No. 4369 Regulated Drinking Water Contaminant Occurrence Reporting
Regulation
Identification
Number
2040-AC07
2040- AC 13
2040-AD48
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3532
3533
3534
Title
SAN No. 4044 National Primary and Secondary Drinking Water Regulations: Analytical Methods for Chemical and
Microbiological Contaminants and Revisions to Laboratory Certification
SAN No. 4374 Unregulated Contaminant Monitoring Rule - Perchlorate and Acetochlor Methods
SAN No. 2778 Revisions to the Underground Injection Control Requlations for Class V Injection Wells
Regulation
Identification
Number
2040-AD04
2040-AD50
2040-AB83
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Completed Actions (Continued)
Sequence
Number
3535
3536
Title
SAN No 3440 National Primary Drinking Water Regulations' Lead and Copper
SAN No 3761 Streamlining Drinking Water Monitoring Requirements .
Regulation
Identification
Number
2040-AC27
2040-AC73
MARINE PROTECTION RESEARCH AND SANCTUARY ACT (MPRSA)—Completed Actions
Sequence
Number
3537
Title
SAN No 2737 Revisions to Ocean Dumping Regulations for Dredged Material
Regulation
Identification
Number
2040-AB62
SHORE PROTECTION ACT (SPA)—Final Rule Stage
Sequence
Number
3538
Title
SAN No 2820 Shore Protection Act, Section 4103(b) Regulations
Regulation
Identification
Number
2040-AB85
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Proposed Rule Stage
3107. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: 42 USC 9605(f); PL
100-590; EO 12432; EO 12138; EO
11625; PL 101-549 sec 1001; PL 101-
507; PL 102-389
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the
Administration's recent review of
affirmative action programs. They
include: 1) placing greater emphasis on
requiring assistance agreement
recipients to submit documentation
supporting proposed fair share
procurement objectives for Minority
Business Enterprises (MBEs) and
Women's Business Enterprises (WBEs)
based on the availability of qualified
MBEs and WBEs in the relevant
geographic market; 2) authorizing or
requiring recipients and their prime
contractors to take reasonable
race/gender-conscious measures (e.g.
bidding credits) in the event that
race/gender-neutral efforts prove
inadequate to meet fair share objectives;
and 3) administering statutory
MBE/WBE objectives as a national goal,
allowing smaller or larger fair share
objectives for particular grants or
cooperative agreements based on the
availability standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4056
Agency Contact: Mark Gordon,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 260-8886
Fax: 202 401-1080
Rebecca Neer, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 280-4841
RIN: 2020-AA39
3108. REVISION TO EPAAR 1552.211-
73, LEVEL OF EFFORT
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1552
Legal Deadline: None
Abstract: This rule will revise EPAAR
1552.211-73, Level of Effort, to define
more concisely the services being
acquired, and to more accurately reflect
the relationship between services
provided and fee payments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/00
12/00/00
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23449
EPA—General
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4191
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2551
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3109. INCORPORATING INFORMAL
CLAUSES (EP) INTO THE EPAAR
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390, as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule is being
promulgated to amend the EPAAR to
incorporate Environmental Protection
(EP) clauses into the EPAAR. There are
a large number of EP clause0 being
used by contracting officers. This
promulgation will capture those EP
clauses that have not been submitted
for public comment. Most of the EP
clauses are used in contracts on a case-
by-case basis. The contractor concurs
with use of such clauses.
Timetable:
Action
Date FR Cite
NPRM 05/00/00
Final Action 07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. The agency has
not yet determined whether there is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4226
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4366
Fax: 202 565-2551
Email: schaffer.paul@epa.gov
RIN: 2030-AA66
3110. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/00
09/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4319
Sectors Affected: 5413 Architectural,
Engineering and Related Services; 5416
Management, Scientific and Technical
Consulting Services; 54162
Environmental Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Cal McWhirter,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epa.gov
Bruce M. Bakaysa, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4373
Fax: 202 565-2552
Email: bakaysa.bruce@epa.gov
RIN: 2030-AA67
3111. EPA MENTOR-PROTEGE
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1544; 48 CFR
1552
Legal Deadline: None
Abstract: This proposed rule will
amend EPA's Acquisition Regulation
(EPAAR) to establish a Mentor-Protege
Program. Participating prime
contractors serving as mentors will
provide technical and managerial
support to protege small disadvantaged
business subcontractors.
Timetable:
Action
Date
FR Cite
NPRM 05/00/00
Final Action 08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3629
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA40
3112. INCREMENTALLY FUNDING
FIXED PRICE CONTRACTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
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23450
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—General
Proposed Rule Stage
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1532
Legal Deadline: None
Abstract: This proposed rule will add
subpart 1532.7, Contract Funding, to
the Environmental Protection Agency's
Acquisition Regulation (EPAAR). It also
will revise part 1552 of the EPAAR to
include a clause for incrementally
funding fixed price contracts.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/00
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3876
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA50
3113. DELETION OF EPA
ACQUISITION REGULATIONS FOR
QUALITY SYSTEMS FOR
ENVIRONMENTAL PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(cJ
CFR Citation: 48 CFR 1546.2
Legal Deadline: None
Abstract: EPA is deleting the quality
assurance requirements in its
Acquisition Regulation (EPAAR)
because the Federal Acquisition
Regulation (FAR) contains coverage on
this subject.
Timetable:
Action
Date
FR Cite
NPRM 06/00/00
Final Rule 08/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3874
Agency Contact: Linda Avellar,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4356
Fax: 202 565-2475
Email: avellar.linda@epamail.epa.gov
RIN: 2030-AA51
3114. IMPLEMENTATION OF
CHANGES TO 40 CFR PART 32
Priority: Info./Admin./Other
Legal Authority: EO 12549; EO 12689
and FASA
CFR Citation: 40 CFR 32
Legal Deadline: None
Abstract: Periodically OMB amends the
Government-wide Common Rule for
suspension and debarment of
contractors and assistance participants
who threaten the integrity of Federal
programs because of criminal
misconduct or poor performance. All
agencies must issue changes to their
individual codified versions to conform
to the Common Rule. Recently, the
Interagency Suspension and Debarment
Coordinating Committee prepared
recommendations for comprehensive
changes to the Common Rule to
conform to changes made in the
Federal Acquisition Regulation (FAR)
as a result of the Federal Acquisition
Streamlining Act (FASA). In addition,
several other proposals to improve or
change the rule were recommended by
various agencies. In December 1996,
OMB declined to implement the
changes at that time due to differences
with some agencies about some changes
unrelated to those occasioned by FASA.
Among other things, FASA replaced the
small purchase threshold ($25,000)
with the simplified acquisition amount
($100,000). That change unintentionally
exposed certain EPA programs to
participation by contractors who may
have been debarred for serious
misconduct already. OMB has agreed to
permit agencies to amend the coverage
section of their individual agency rules
to reduce or eliminate exposure to
suspended or debarred persons.
EPA intends to issue a notice of
proposed rulemaking to amend 40 CFR
32.110 to reduce EPA exposure to such
consequences.
Timetable:
Action
NPRM
Final Action
Date
07/00/00
1 1/00/00
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3817
This is an assistance-related statutory
requirement. There is no paperwork
burden associated with this action.
Agency Contact: Robert Meunier,
Environmental Protection Agency,
Administration and Resources
Management, 3901R, Washington, DC
20460
Phone: 202 564-5399
Fax: 202 565-2469
RIN: 2030-AA48
3115. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: None
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its CBI
regulations to determine what changes
are needed to make the regulations as
efficient and effective as possible.
Provision 40 CFR 2.205(c), which
automatically protects CBI
substantiations claimed as confidential,
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23451
EPA—General
Proposed Rule Stage
is being examined individually and as
part of the CBI regulations as a whole.
Timetable:
Action Date FR Cite
NPRM/CBIRegs 11/23/94 59 FR 60446
Proposal to revise
EPA's CBI
regulations as a
whole
Final/CBI Substant. 08/00/00
Final rule to
eliminate special
treatment of
substantiations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240
Agency Contact: Alan Margolis,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2822, Washington, DC
20460
Phone: 202 564-5438
Fax: 202 260-8550
Email: margolis.alan@epa.gov
Rebecca Moser, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2822, Washington, DC
20460
Phone: 202 260-6780
Fax: 202 260-8550
Email: moser.rebecca@epa.gov
RIN: 2020-AA21
3116. REWRITING OF EPA
REGULATIONS IMPLEMENTING THE
FREEDOM OF INFORMATION ACT
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 552
CFR Citation: 40 CFR 2
Legal Deadline: None
Abstract: This document proposes
revisions to EPA's regulations under
the Freedom of Information Act (FOIA).
The FOIA regulations have been
streamlined and written in plain
English wherever possible. These
revisions reflect the principles
established by President Clinton and
Attorney General Reno in their FOIA
Policy Memoranda of October 4, 1993.
They also reflect developments in the
case law and include updated cost
figures for calculating and charging
fees. In addition, the proposed
revisions include provisions
implementing the Electronic Freedom
of Information Act Amendments of
1996. These revisions will simplify and
expedite responses to FOIA requests.
Timetable:
Action
Date
FR Cite
NPRM
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4180
Agency Contact: Jeralene Green,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2822, Washington, DC
20460
Phone: 202 260-1050
Fax: 202 260-8550
Email: green.jeralene@epa.gov
RIN: 2020-AA40
3117. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: PL 104-13; PL 105-277
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Cross-Media Electronic
Reporting (ER) and Recordkeeping Rule
will provide a uniform legal framework
for paperless ER, including electronic
signature/certification, across EPA's
environmental compliance programs.
The rule will both remove current legal
requirements for paper that create
obstacles to ER and provide for
mechanisms to assure the legal validity
and authenticity of electronic
documents and associated electronic
signatures, whether transmitted as
reports or maintained as records. This
rule is important because the legal and
electronic signature issues remain the
chief obstacle to implementation of ER,
and affect the overall enforceability of
environmental programs both federally
and under state
delegation/authorization. Also, the
Government Paperwork Elimination Act
of 1998 requirements and the
Administrator's Reinventing
Environmental Information (REI) Action
Plan goal of universal ER availability
by 2003 can only be met if this
rulemaking has active participation by
the AA-ships and moves on a fast track.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4270
Agency Contact: Evi Buffer,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2823, Washington, DC
20460
Phone: 202 260-8791
Fax: 202 401-0182
Email: huffer.evi@epa.gov
David Schwarz, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2823, Washington, DC
20460
Phone: 202 260-2710
Fax: 202 401-0182
Email: schwarz.david@epa.gov
RIN: 2020-AA41
3118. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Info./Admin./Other
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR Part 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for:
Congressionally funded special
appropriation projects and EPA funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities. The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive Orders and other cross-
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—General
Proposed Rule Stage
cutting requirements into the NEPA
process.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4292
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Marguerite Duffy, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7148
RIN: 2020-AA42
3119. WARRANTS FOR ON-SCENE
COORDINATORS
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is amending
the EPA Acquisition Regulations
(EPAAR) to include a clause concerning
the issuance of warrants for on-scene
coordinators. The intent is to allow
program officials with remedial type
requirements to receive on-scene
coordinator warrants so that they can
issue letter contracts.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/00
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4351
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA68
3120. • BUSINESS OWNERSHIP
REPRESENTATION
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A new EPAAR clause will be
developed to report the ownership
category of offerers. This clause would
be similar to the FAR clause at 52.219-
1 (ALT II). The information obtained
will be used to provide outreach
initiatives for future awards to those
ownership categories that lack EPA
awards.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
05/00/00
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4396
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA69
3121. • CONTRACTOR DIVERSITY
CLAUSE
Priority: Info./Admin./Other
Legal Authority: 63 Stat 390as
amended; 5 USC 301 Sec 205(c)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The EPAAR will be revised
to include a diversity clause for EPA
contractors. The clause will require
EPA contractors to submit a plan that
explains its approach to promoting
diversity in the performance of EPA
contracts.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
06/00/00
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4397
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA70
3122. • DISPLAY OF EPA OFFICE OF
INSPECTOR GENERAL HOTLINE
POSTER
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 205(c); 63
Stat 390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule adds a clause to
the EPAAR requiring contractors, with
EPA contracts over a certain dollar
threshold, to display the EPA Office of
Inspector General Hotline poster in
contractor work areas. This will enable
contractor employees to report
suspected improper conduct occurring
under EPA contracts.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000 / Unified Agenda
23453
EPA—General
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Rule
04/00/00
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4398
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2551
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA71
3123. • ADMINISTRATIVE
CORRECTIONS TO EPAAR 1515,
CONTRACTING BY NEGOTIATION
Priority: Info./Admin./Other
Legal Authority: 5 USC 301; 205(c) 63
Stat 390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Administrative corrections
will be made to EPAAR 1515 for
clarification purposes.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
05/00/00
07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4400
Agency Contact: Leigh Pomponio,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4364
Fax: 202 565-2475
Email:
pomponio.leigh@epamial.epa.gov
RIN: 2030-AA73
3124. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Other Significant
Legal Authority: 21 USC 346(a)(q)
CFR Citation: 40 CFR 180; 40 CFR 185;
40 CFR 186
Legal Deadline: Other, Statutory,
August 3, 2002, See additional
information.
Abstract: EPA will reassess pesticide
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA sec. 408(q), as amended by the
Food Quality Protection Act (FQPA).
FQPA requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take a series of regulatory
actions to modify or revoke tolerances.
Timetable:
Action
Date
FR Cite
NPRM Modification or 04/00/00
revocation of
tolerances for
numerous
pesticides
Final Action 09/00/00
Modification or
revocation of
tolerances for
numerous
pesticides
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4175
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33% by August
3; 1999; 66% by August 3; 2002; and
100% by August 3; 2006. The Agency
will continue to access pesticide
tolerances throughout year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Joseph Nevola,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8037
Email: nevola.joseph@epa.gov
Robert McNally, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epa.gov
RIN: 2070-AD24
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Final Rule Stage
3125. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: PL 104-134; PL 105-
65
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: This proposed regulation: (1)
updates, clarifies, and streamlines
requirements governing environmental
program grants; (2] establishes
requirements for the new Performance
Partnership Grant (PPG) program; and
(3) establishes requirements for grant
programs that began after the original
rule was published. (A regulation
governing environmental program
grants to Indian tribes and tribal
consortia is published elsewhere in this
issue of the Federal Register.)
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—General
Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/23/99 64 FR 63731
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Organizations
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3736
Agency Contact: Scott McMoran,
Environmental Protection Agency,
Administration and Resources
Management, 3903R, Washington, DC
20460
Phone: 202 564-5376
RIN: 2030-AA55
3126. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: PL 104-134; PL 105-
65
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: This proposed regulation
will: (1) update, clarify, and streamline
requirements governing environmental
program grants (2) establish
requirements for the new Performance
Partnership Grant (PPG) program; and
(3) establish requirements for grant
programs that were developed after the
original rule was published. (EPA is
also issuing a regulation governing
environmental program grants to State
and Interstate agencies.)
Timetable:
Action
Date
FR Cite
07/23/99 64 FR 63732
05/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Organizations
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 4128
Agency Contact: Michelle McClendon,
Environmental Protection Agency,
Administration and Resources
Management, 3903R, Washington, DC
20460
Phone: 202 564-5357
Fax: 202 565-2470
Email: mcclendon.michelle@epa.gov
RIN: 2030-AA56
3127. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Other Significant
Legal Authority: 5 USC 301 sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1526; 48 CFR
1552
Legal Deadline: None
Abstract: This rule will amend the EPA
Acquisition Regulation (EPAAR) to
include part 1526, Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract Clauses. The purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
specific geographical locations where
contractual requirements will be
performed. This incentive will support
economic development in areas where
EPA contracts are performed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/09/98 63 FR 67845
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4187
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA62
3128. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g. changes
to reporting requirements and monthly
progress reports) to the EPAAR since
its promulgation in April 1994. This
proposed rule would incorporate most
of the class deviations to the EPAAR.
Timetable:
Action
Date FR Cite
NPRM 03/16/00 65 FR 14405
Final Action 07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3580
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
3129. CONSOLIDATION OF GOOD
LABORATORY PRACTICE
STANDARDS (GLPS) REGULATIONS
CURRENTLY UNDER TSCA AND
FIFRA INTO ONE RULE
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2601 et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 160; 40 CFR 792
Legal Deadline: None
Abstract: On November 29, 1983, EPA
published Good Laboratory Practice
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EPA—General
Final Rule Stage
Standards (GLPS) regulations intended
to help ensure data integrity for studies
required to support marketing and
research permits under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Toxic Substances
Control Act (TSCA). These rules were
last amended on August 17, 1989.
GLPS data integrity measures can be
applied to a wide variety of scientific
studies. Although the TSCA and FIFRA
GLPS contain identical provisions, they
were published as separate rules to
account for statutory and program
differences between TSCA and FIFRA,
such as differences in records retention
requirements. EPA believes it will be
able to address the differences between
TSCA and FIFRA, such as differences
in records retention requirements. EPA
believes it will be able to address the
differences of those programs without
duplicating the entire GLP standard in
two places.
This action is intended to consolidate
EPA's GLPS into one rule. Program-
specific requirements will be addressed
in either separate sections of the
consolidated rule, or in separate rules
as is determined appropriate. This
action is not intended to change the
requirements, applicability, or
enforceability of GLPS with respect to
any statute.
EPA has received comments from
stakeholders regarding the
understandability of many aspects of
the GLPS, and over the years has issued
numerous clarifications. EPA believes
that some clarifications, if included
directly in the rule, would make the
rule easier to understand and enhance
compliance. Therefore, EPA intends to
include such clarifications where
appropriate in this rulemaking. Finally,
in the interest of maintaining
consistency between EPA's and Food
and Drug Administration's regulations,
EPA will determine any modifications
that have occurred to the FDA GLP rule
and consider incorporation of such
changes into the EPA rule. This action
will serve to reduce the total regulatory
text in the Code of Federal Regulations
by an estimated 10 pages, by
consolidating 23 pages of text to
approximately 13. In the process it will
provide a generic GLP rule that may
be used by other programs in the
Agency.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/22/99 64 FR 3456
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3807
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA26
3130. ENVIRONMENTAL IMPACT
ASSESSMENT OF
NONGOVERNMENTAL ACTIVITIES IN
ANTARCTICA
Priority: Other Significant
Legal Authority: 16 USC 2401 et seq,
as amended; 16 USC 2403(a); PL 104-
227
CFR Citation: 40 CFR 8
Legal Deadline: Final, Statutory,
October 2, 1998, See additional
information.
Abstract: The purpose of this action is
to develop regulations for: (1) the
environmental impact assessment of
nongovernmental activities, including
tourism, for which the United States is
required to give advance notice under
paragraph 5 of Article VII of the
Antarctic Treaty and (2) coordination
of the review of information regarding
environmental impact assessment
received by the United States from
other parties under the Protocol on
Environmental Protection. The Office of
Federal Activities (OECA/OFA) will use
the decisionmaking process of the
National Environmental Policy Act
(NEPA) to analyze the environmental
setting; the types of nongovernmental
activities, including tourism, to be
addressed by the regulations; their
potential for impact; and the
alternatives available under rulemaking
for environmental impact assessments
for nongovernmental activities. An
interim final rule, 40 CFR part 8,
promulgated April 30, 1997, and on
July 15, 1998 extended through the
2000-2001 austral summer, will be
replaced by a final rule. The interim
final rule was effective immediately so
that the U.S. could ratify the Protocol
and implement its obligations under
the Protocol as soon as it entered into
force. These rules are being developed
in coordination with other Federal
agencies with specific interests in and
expertise with Antarctica including the
Department of State, National Science
Foundation, National Oceanic and
Atmospheric Administration, U.S.
Coast Guard, Marine Mammal
Commission, Department of Justice, and
the Council on Environmental Quality.
Timetable:
Action
Date FR Cite
Interim Final Rule
Extend Effectve Date
Interim Rule
Final Action
04/30/97 62 FR 23538
04/15/98 63 FR 18352
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3933
Legal Description: The Interim Final
Rule, effective 7/14/98, through the
year 2000-2001 austral summer.
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Katherine Biggs, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7144
Fax: 202 564-0072
Email: biggs.katherine@epa.gov
RIN: 2020-AA34
3131. ELECTRONIC FUNDS
TRANSFER
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
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EPA—General
Final Rule Stage
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1532.11
Legal Deadline: None
Abstract: This rule complies with the
revised Federal Acquisition Regulations
(FAR) coverage regarding
implementation of the Debt Collection
Improvement Act. Because the revised
FAR offers choices in implementation,
each agency must communicate with its
vendor community its choices. This
rule will let our vendor community
know that EPA will require the use of
FAR Clause 52.232-34, Payment by
Electronic Funds Transfer (Non-CCR),
as prescribed in FAR 32.1105(a)(2).
Within the Clause, under (c) the
payment office shall be inserted as the
prescribed designated office. Further
inserted shall be that the required EFT
information shall be provided no later
than 15 days prior to submission of the
first request for payment.
Timetable:
Action
Date FR Cite
Final Action
07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4185
Agency Contact: Calvin McWhirter,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.calvin@epa.gov
RIN: 2030-AA57
3132. • RATIFICATION AND
DEBARMENT/SUSPENSION
PROCEDURES
Priority: Info./Admin./Other
Legal Authority: 5 USC 205(c); 63 Stat
390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule updates internal
Agency procedures for taking
administrative actions under the
Government-wide rule for suspension
and debarment of contractors.
Timetable:
Action
Date FR Cite
Direct Final Rule 07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4399
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2551
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA72
3133. • REVISION TO AWARD FEE
CLAUSES, 1552.216-70 AND 1552.216-
75
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The EPAAR clause at
1552.216-70 will be revised to conform
to Federal Acquisition Circular 97-15
concerning disputes arising under
Government contracts. In addition, an
administrative change will be made to
EPAAR 1552.216-75 to correct the date
of the clause.
Timetable:
Action
Date
FR Cite
Direct Final Rule 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4401
Agency Contact: Jean Rellins,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4434
Fax: 202 565-2475
Email: rellins.jean@epamail.epa.gov
RIN: 2030-AA74
3134. TOLERANCES FOR PESTICIDE
EMERGENCY EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 176
Legal Deadline: Final, Statutory,
August 3, 1997.
Abstract: This regulation will set out
policies and procedures under which
EPA will establish food tolerances
associated with the use of pesticides
under emergency exemptions.
Emergency exemptions are issued for
temporary use of pesticides where
emergency conditions exist. Under the
Federal Food, Drug and Cosmetic Act,
as amended by the Food Quality
Protection Act, EPA must establish
time-limited tolerances for such
pesticides if the use is likely to result
in residues in food. EPA expects to
describe the procedures to be used, and
the criteria for establishing tolerances.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/03/99 64 FR 29823
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3890
Sectors Affected: 111 Crop Production;
112 Animal Production; 9241
Administration of Environmental
Quality Programs
Agency Contact: Carol Peterson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
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23457
EPA—General
Final Rule Stage
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD15
3135. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180.33
Legal Deadline: None
Abstract: In 1996, the Food Quality
Protection Act amended the Federal
Food, Drug, and Cosmetic Act to
require EPA to charge tolerance fees
that, in the aggregate, will cover all
costs associated with processing
tolerance actions, including filing a
tolerance petition, and establishing,
modifying, leaving in effect, or revoking
a tolerance or tolerance exemption.
Since 1983 (the last time a cost analysis
was conducted), factors such as
expanded data requirements, changes
in risk assessment methods,
improvements in data base management
and tracking systems, and the
increasing complexity of scientific
review of petitions have resulted in
costs substantially exceeding the fees
currently charged. This rule will adjust
the fee structure and fee amounts for
tolerance actions.
Timetable:
Action
Date
FR Cite
NPRM 06/09/99 64 FR 31039
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4027
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Carol Peterson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@epa.gov
RIN: 2070-AD23
3136. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not applicable
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency will use these
guidelines to evaluate suspect
carcinogens in line with the policies
and procedures established in the
statutes administered by the EPA.
These guidelines revise and replace
EPA Guidelines for Carcinogen Risk
Assessment published at 51 FR 33992,
September 24, 1986. These guidelines
provide EPA staff and decision-makers
with the directions and perspectives
necessary to develop and use risk
assessments. The guidelines also
provide the general public with basic
information about the Agency's
approaches to risk assessment.
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory decision-making. On the
other hand, innovation is necessary so
the Agency will base its decisions on
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
Timetable:
Action
Date
FR Cite
Reproposed 04/23/96 61 FR 17960
Guidelines
Implementation Policy 06/25/96 61 FR 32799
Final Guidelines 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3671
Agency Contact: William Wood,
Environmental Protection Agency,
Office of Research and Development,
8103, Washington, DC 20460
Phone: 202 564-3358
RIN: 2080-AA06
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Completed Actions
3137. • CODIFICATION TO REVISION
OF OMB CIRCULAR A-110: PUBLIC
ACCESS TO DATA PRODUCED
UNDER AN AWARD
Priority: Other Significant
Legal Authority: 5 USC 301
CFR Citation: 40 CFR 30 (Revision)
Legal Deadline: Other, Statutory,
January 17, 2000, OMB requires
codification to interim final rule by
January 17 2000.
Abstract: In November 1999, OMB
provided EPA with a draft notice which
revises our current codification of OMB
Circular A-110 to reflect the final
revision OMB issued on September 30,
1999 and published in the Federal
Register on October 8, 1999. OMB
requested that we codify the revision
to Circular A-110 by January 17, 2000.
Congress included a two-sentence
provision in the Office of Management
and Budget's (OMB) appropriation for
fiscal year 1999, contained in Public
Law 105-277, directing OMB to amend
Circular A-110 "to require Federal
awarding agencies to ensure that all
data produced under an award will be
made available to the public through
the procedures established under the
Freedom of Information Act." The
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EPA—General
Completed Actions
provision also provides for a reasonable
fee to cover the costs incurred in
responding to a request. In directing
OMB to revise Circular A-110, Congress
entrusted OMB with the authority to
resolve statutory ambiguities, the
obligation to address implementation
issues the statute did not address, and
the discretion to balance the need for
public access to research data with
protections of the research process.
EPA is publishing an interim final rule
to codify OMB Circular A-110,
"Uniform Administrative Requirements
for Grants and Agreements with
Institutions of Higher Education,
Hospitals, and Other Non-Profit
Organizations." The Agency's interim
final rule incorporates the provisions of
OMB Circular A-110 regarding the
availability of data produced under an
award through the Freedom of
Information Act into the Agency's
grants administration regulation at 40
Code of Federal Regulations Part 30. It
also applies to such entities if they are
recipients of subawards from States,
local and Indian Tribal governments
administering programs under EPA
awards.
Timetable:
Action Date FR Cite
Interim Final Rule 03/16/00 65 FR 14417
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4386
Agency Contact: Bruce Feldman,
Environmental Protection Agency,
Administration and Resources
Management, 3903R, Washington, DC
20460
Phone: 202 564-5308
Fax: 202 565-2470
Email: feldman.bruce@epa.gov
Alexandria Mincey, Environmental
Protection Agency, Administration and
Resources Management, 3903R
Phone: 202 564-5371
Fax: 202 565-2470
Email: mincey.alexandria@epa.gov
RIN: 2030-AA75
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Prerule Stage
3138. • METHYL TERTIARY BUTYL
ETHER; ADVANCED NOTICE OF
INTENT TO INITIATE RULEMAKING
UNDER THE TOXIC SUBSTANCES
CONTROL ACT TO ELIMINATE OR
LIMIT THE USE OF MTBE AS A FUEL
ADDITIVE
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is considering taking
action to control the use of Methyl
Tertiary Butyl Ether (MTBE), which is
an organic compound that is primarily
used as a fuel additive in gasoline.
MTBE has been used to meet the
oxygen requirement established by the
Federal Reformulated Gasoline Program
(RFC) established by the 1990
amendments to the Clean Air Act
(CAA). Over 85 percent of reformulated
gasoline contains MTBE. EPA is
concerned that the widespread use of
MTBE may have resulted in the
contamination of groundwater and
drinking water supplies, threatening
their future use. While current
detections levels are generally believed
to be below levels that may cause
public health concerns, low level
MTBE contamination may render water
unpotable due to offensive taste and
odor. In November of 1998, EPA
established a Blue Ribbon Panel to
investigate air quality benefits and
water quality concerns associated with
oxygenates, including MTBE, in
gasoline, and to provide independent
advice and recommendations on ways
to maintain air quality while protecting
water quality. In September, 1999, the
panel recommended that the use of
MTBE be substantially reduced. EPA is
now evaluating the Blue Ribbon Panel's
recommendations, and has conducted a
preliminary review of authorities
available to address risks associated
with MTBE. EPA intends to issue an
Advance Notice of Proposed
Rulemaking to inform the public of this
preliminary inquiry, and to solicit
public comment on possible regulatory
action.
Timetable:
Action
Date
FR Cite
ANPRM
04/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Organizations,
Businesses, Governmental Jurisdictions
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4393
Agency Contact: Karen Smith,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9674
Fax: 202 565-2085
Email: smith.karen@epa.gov
Bob Perils, Environmental Protection
Agency, Air and Radiation, 2333A
Phone: 202 564-5636
Email: perlis.robert@epa.gov
RIN: 2060-AJOO
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23459
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3139. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3263
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE20
3140. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511(a)(2)(b);
42 USC 7511(a)(2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3262
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE22
3141. METHOD 301: FIELD
VALIDATION OF POLLUTION
MEASUREMENT METHODS FOR
VARIOUS MEDIA; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
PL 101-549; 42 USC 7410 et seq
CFR Citation: 40 CFR 60; 40 CFR 63
Legal Deadline: None
Abstract: After promulgation of
Method 301, questions were raised
about the statistical calculations and
the procedure for determining the
quality of the data. This rule will
clarify those rule provisions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3407
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AFOO
3142. OPERATING PERMITS:
REVISIONS (PART 70)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7661 et seq
CFR Citation: 40 CFR 52; 40 CFR 70;
40 CFR 51
Legal Deadline: None
Abstract: In response to litigation on
the operating permits rule regulations,
40 CFR Part 70, to provide more
effective implementation of part 70,
and to address comments provided in
response to notices of proposed
rulemaking, parts 70, 51 and 52 are
being revised. The changes streamline
the procedures for revising stationary-
source operating permits issued by
State and local permitting authorities
under title V of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Supplemental NPRM
Part 71
Supplemental NPRM
Part 70
Direct Final Interim
Approval Extension
NPRM Interim
Approval Extension
NPRM
Final Action
08/29/94 59 FR 44460
04/27/95 60 FR 20804
08/31/95 60 FR 45530
07/27/98 63 FR 40054
07/27/98 63 FR 40053
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 3412
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-3153
RIN: 2060-AF70
3143. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings.
This amendment will improve the
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Proposed Rule Stage
precision of Method 24 for water-based
coatings.
Timetable:
Action
Date
FR Cite
NPRM 08/00/00
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Email: sorrell.candace@epa.gov
RIN: 2060-AF72
3144. SERVICE INFORMATION
AVAILABILITY
Priority: Other Significant
Legal Authority: 42 USC 7521(m)
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This rule will require
manufacturers of automobiles to
provide necessary information needed
to make use of emission control
diagnostic systems as well as that
needed to make emission-related
diagnosis and repairs by any person
engaged in the repairing or servicing
of motor vehicles or motor vehicle
engines. This will allow independent
service repair garages, individual
owners, parts manufacturers, etc., to
have access to emission control
information to better service
automobiles and ensure clean air
compliance requirements.
Timetable:
Action
Date FR Cite
NPRM 06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3741
Agency Contact: Holly Pugliese,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
RIN: 2060-AG13
3145. NSPS: SEWAGE SLUDGE
INCINERATORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401-7626
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Agency has decided not
to regulate sewage sludge incinerators
as a category under Section 129 of the
Clean Air Act. Section 129(a)(l)
requires the Agency to establish
standards under Section 129 for each
category of "solid waste incineration
units." "Solid waste incineration unit"
is defined as a "distinct operating unit
of any facility which combusts any
solid waste material from commercial
or industrial establishments or the
general public (including single and
multiple residences, hotels, or motels)."
The Agency believes that sewage sludge
generated by publicly-owned treatment
works (POTWs) and combusted in SSIs
is "solid waste." However, this sludge
is from a municipal source, and not
from "commercial or industrial
establishments or the general public."
Therefore, SSis that combust this
sludge are not "solid waste incineration
units" and section 129 does not apply
to them. Virtually all of the SSis that
would be candidates for regulation
combust sludge from POTWs, and thus
are not covered under Section 129.
Timetable:
Action
Date FR Cite
01/14/97 62 FR 1868
04/00/00
ANPRM
Delisting Notice
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Email: vervaert.al@epa.gov
RIN: 2060-AG50
3146. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412(d)
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAP) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing wood panels and
engineered wood products. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, the drying
of wood and binders. The scope of the
affected source category has not been
determined; however, this rule is
anticipated to apply to the manufacture
of products involving wood and some
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
waferboard, hardboard fiber board
(MDF), oriented strandboard (OSB),
medium density fiberboard,
particleboard, strawboard, hardwood
and softwood plywood, glue-laminated
lumber, laminated veneer lumber, and
engineered wood products. The source
category may also include lumber
drying kilns at sawmills which are
located on the same site as a facility
that manufactures any of the wood
products mentioned above. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Action
Additional Information: SAN No. 3819 Timetable:
Sectors Affected: 22132 Sewage
Treatment Facilities
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Date
FR Cite
NPRM
Final Action
10/00/00
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 3820
Sectors Affected: 32121 Veneer,
Plywood, and Engineered Wood
Product Manufacturing
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Mary Tom Kissell, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
RIN: 2060-AG52
3147. NESHAP: MISCELLANEOUS
CELLULOSE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAPs) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing cellulose ether,
carboxymethyl cellulose ether, methyl
cellulose ether, cellulose food casing,
cellulosic sponges, producing rayon,
and producing cellophane. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, product
washing operations, material storage
tanks, and film drying. The scope of
the rule has not been determined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
04/00/01
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3970
Project combined with SAN 3963
Sectors Affected: 325221 Cellulosic
Organic Fiber Manufacturing; 326113
Unsupported Plastics Film and Sheet
(except Packaging) Manufacturing
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AH11
3148. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (HAP) by
establishing maximum achievable
control technology (MACT) for
municipal solid waste landfills. MACT
standards are under development to
reduce the release of HAP from all
industries to protect the public health
and environment. The scope of the rule
has not been determined. This project
is now scheduled to start in fiscal year
1998. The initial stage of this project
is to gather preliminary information on
landfills to establish a presumptive
MACT. That work will be followed by
development of a regulatory package to
propose and promulgate a MACT
standard.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
NPRM 06/00/00
Final Action 10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Tribal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 3969
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Michele Laur, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5256
Fax: 919 541-0246
Email: laur.michele@epa.gov
RIN: 2060-AH13
3149. CONSOLIDATED EMISSION
REPORTING RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)
CFR Citation: 12 CFR 120.2(d)(4); 40
CFR 51.321 to 51.323
Legal Deadline: Final, Statutory, June
30, 2000.
Abstract: Three sections of the Clean
Air Act and its amendments require
State agencies to report emission
estimates to EPA. Some of these
sections contain obsolete wording,
inconsistent instructions, and duplicate
reporting requirements. This rule will
consolidate the requirements into one
area, eliminate obsolete wording,
eliminate duplicate reporting
requirements, and provide options for
collecting and reporting data. There
will be no impact on small businesses.
State agencies will continue to report
the same or reduced amounts of data
to EPA. The rule will provide for
flexibility in collecting and reporting
data. There will be no effect on local
agencies.
Timetable:
Action
Date
FR Cite
NPRM 04/00/00
Final Action 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3986
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: William B.
Kuykendal, Environmental Protection
Agency, Air and Radiation, MD-14,
Research Triangle Park, NC 27711
Phone: 919 541-5372
Fax: 919 541-0684
Email: kuykendal.bill@epa.gov
RIN: 2060-AH25
3150. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA sec 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 3917
Agency Contact: Laura Voss,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4858
Fax: 734 214-4531
Email: voss.laura@epa.gov
RIN: 2060-AH31
3151. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521(m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
compliance with evaporative emission
requirements for light duty vehicles
and trucks. The current test procedure
requires both two and three day diurnal
emission tests, as well as running-loss
testing. The revisions will delete the
three day requirement and add
flexibilities for running-loss
compliance. This will enable
manufacturers to save significant
resources without any decrease in
environmental benefits.
Timetable:
Action
Date
FR Cite
NPRM 09/00/00
Final Action 03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3910
Agency Contact: David Goodi,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4480
RIN: 2060-AH34
3152. FEDERAL MAJOR NEW
SOURCE REVIEW (NSR) PROGRAM
FOR NONATTAINMENT AREAS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 124; 40 CFR
51.165; 40 CFR 52.10; 40 CFR 52.24
Legal Deadline: None
Abstract: The Clean Air Act (Act) (title
I, part D) requires that construction
permit programs for new or modified
major stationary sources of air pollution
be established for areas not attaining
the NAAQS. This action will add
Federal rules at 40 CFR 52.10 for
permitting the construction of new or
modified major stationary sources in
certain nonattainment areas where
State, local, or tribal rules in whole or
in part are not in place that meet the
statutory permitting requirements.
These rules will basically incorporate
the requirements for State
nonattainment NSR permit programs,
codified at 40 CFR 51.165(a), with
supplemental provisions added to make
explicit the permit requirements of
section 173 of the Act and certain long-
standing policies regarding
nonattainment NSR permitting. This
action will also change 40 CFR 52.24
to specify that the requirements of 40
CFR 52.10 govern any permits issued
in certain nonattainment areas where
acceptable nonattainment NSR rules are
not in place. Changes to 40 CFR part
124 will specify that the permit
processing, public participation, and
permit appeal requirements that
otherwise apply to Federal PSD
permitting will also apply, in most
cases, to Federal nonattainment NSR
permitting under 40 CFR 52.10.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4046
Agency Contact: David Svendsgaard,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
RIN: 2060-AH53
3153. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: There are currently 25 active
domestic coke plants, 20 of which are
furnace coke plants and 5 of which are
foundry coke plants. Coke oven
batteries used to produce metallurgical
coke at these plants emit hazardous air
pollutants (HAPs) such as coke oven
emissions and polycyclic organic
matter listed in section 112 of the Clean
Air Act (CAA).
This action will establish a National
Emission Standard for Hazardous Air
Pollutants (NESHAP) for three specific
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Proposed Rule Stage
operations associated with coke ovens,
namely pushing, quenching, and
battery stacks.
Timetable:
Action
NPRM
Final Action
Date
09/00/00
To Be
FR Cite
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4022
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH55
3154. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT & EXPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 82.6(h); 40 CFR
82.5(h); 40 CFR 82.8
Legal Deadline: None
Abstract: The Stratospheric Protection
Division currently oversees an
allowance allocation system for the
class I ozone-depleting substances. An
allowance allocation system for class II
ozone-depleting substances or
hydrochloroflurocarbons (HCFCs) had
not been established prior to 1998
because consumption figures had
hovered around 80% of the cap
imposed by the Montreal Protocol in
1992. The HCFC consumption figures
for 1998 indicate that the US is within
92% of the cap. Since the US is in
danger of violating this cap if high
HCFC consumption rates continue into
1999, the system for allocating
allowances must be in place as soon
as possible in order to control HCFC
consumption for all four quarters of
2000.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
04/04/99 64 FR 16373
05/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4120
Additional deadline: Montreal Protocol.
The Protocol requires compliance with
a formulary cap of all Parties'
consumption of HCFCs.
The ANPRM is available on the Internet
at:
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2216
Fax: 202 565-2093
Sue Stendebach, Environmental
Protection Agency,. Air and Radiation,
6205 J, Washington, DC 20460
Phone: 202 564-9117
RIN: 2060-AH67
3155. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
Section 112; EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Fumed silica is produced at
four facilities is three states. There is
no NSPS for the source category. Based
on preliminary results of a screening
study, the source category emits
chlorine, HC1, and chlorinated organics.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4111
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AH72
3156. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the administrator of the EPA. The
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the polyvinyl chloride industry, to
be promulgated by November 15, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4114
Agency Contact: Warren Johnsonjr.,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AH82
3157. PERFORMANCE
SPECIFICATION 16 - SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411 CAA
section 111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently-
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines].
Timetable:
Action
Date
FR Cite
NPRM 09/00/00
Final Action 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119
Sectors Affected: 333618 Other Engine
Equipment Manufacturing; 336399 All
Other Motor Vehicle Parts
Manufacturing; 333611 Turbine and
Turbine Generator Set Unit
Manufacturing; 33241 Power Boiler and
Heat Exchanger Manufacturing
Agency Contact: William H. Lamason,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5374
Foston Curtis, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-1063
RIN: 2060-AH84
3158. NESHAP: WET-FORMED
FIBERGLASS MAT PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emission standards for each of the
listed categories of HAP emissions
sources. The wet-formed fiberglass mat
production industry is not included in
the initial list of categories for
standards development but information
available to the Administrator suggests
that the industry is a major source of
HAP emissions and, as such, emission
standards shall be developed for this
industry. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the wet-formed
fiberglass mat production industry may
be reasonably expected to emit one of
the pollutants listed in section 112(b)
of the CAA. The purpose of this action
is to include the industry in the source
category list and to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated for this industry.
Timetable:
Action
Date
FR Cite
NPRM 04/00/00
Final Action 04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4082
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
RIN: 2060-AH89
3159. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR 191,
SUBPART A
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
191 (A)
Legal Deadline: None
Abstract: This action is a technical
change to the dose methodology for
subpart A, Environmental Standards for
Management and Storage, of 40 CFR
191, Environmental Radiation
Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level and
Transuranic Radioactive Wastes. The
current methodology is outdated. The
new method, which would be
employed as a result of this action, is
consistent with recent radiation
protection standards as well as Federal
Guidance reports issued by EPA. No
significant impacts from this action are
anticipated.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4003
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23465
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, 6602J, Washington, DC
20460
Phone: 202 564-9198
Fax: 202 565-2065
RIN: 2060-AH90
3160. DECISION ON A PETITION
FROM THE TERRITORY OF
AMERICAN SAMOA TO BE
EXEMPTED FROM THE GASOLINE
ANTI-DUMPING REGULATIONS.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7625-l(a)(l)
CAAA
CFR Citation: 40 CFR 80.90 to 80.130
Legal Deadline: None
Abstract: EPA will decide whether to
grant American Samoa's petition to be
exempted from meeting the regulations
at 40 CFR 80 that require all
conventional gasoline sold in the U.S.
to not be more polluting than it was
in 1990—called the "gasoline anti-
dumping regulations." These
regulations were promulgated to
prevent gasoline refiners and
distributors from "dumping" pollutants
into conventional gasoline that are
prohibited in the manufacture of
reformulated gasoline. American Samoa
(and other U.S. territories) are allowed
under Clean Air Act (CAA) section
325(a) to petition the Administrator for
exemption from certain CAA
requirements if such compliance is not
feasible or is unreasonable due to
unique geographical, meteorological, or
economic factors of such territory, or
other local factors deemed significant.
Timetable:
Action
Date
FR Cite
NPRM 06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4333
Agency Contact: Marilyn W. McCall,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9029
Fax: 202 564-2085
Email: mccall.mwinstead@epa.gov
Lori Stewart, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-9035
RIN: 2060-AI60
Action
Date
FR Cite
3161. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Economically Significant
Legal Authority: 42 USC 7409 CAA sec
109
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Legal Deadline: Final, Judicial,
December 31, 2000.
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure.
On March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22,1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. The schedule calls for a final
response to the remand by December
2000. Any final action on the
intervention level program would occur
no sooner than December 2000.
Timetable:
Action
Date
FR Cite
NPRM NAAQS
Review
NPRM NAAQS
Implementation
(Part 51)
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62FR210
Final Rule NAAQS
Review
NPRM Revised
NAAQS
Implementation
(Part 51)
Notice Schedule for 05/05/98 63 FR 24782
Response to
NAAQS Remand
NPRM Response to 05/00/00
NAAQS Remand
Final Action Response 12/00/00
to NAAQS Remand
Final Action NAAQS 01/00/01
Implementation
(Part 51)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 1002
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Gary Blais (Implementation),
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3223
Email: blais.gary@epa.gov
RIN: 2060-AA61
3162. REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF STATE
IMPLEMENTATION PLANS
(GUIDELINE ON AIR QUALITY
MODELS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 CAAA
sec 110(a)(2); CAAA sec 165(e); CAAA
sec 172(a); CAAA sec 172(c); 42 USC
7601 CAAA sec 301(a)(l); CAAA sec
320
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action proposes
revisions to the Guideline on Air
Quality Models, published as appendix
W to 40 CFR part 51. Such models are
used to predict ambient concentrations
of pollutants for programs ranging from
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23466
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. Appendix W to 40 CFR part
51 fulfills a Clean Air Act mandate for
EPA to specify models for air
management purposes. This proposed
rulemaking enhances appendix W with
new and/or improved techniques.
Timetable:
Date
FR Cite
NPRM
Final Action
04/00/00
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3470
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, MD-14, Research
Triangle Park, NC 27711
Phone: 919 541-0832
RIN: 2060-AF01
3163. NESHAP/NSPS:
RECIPROCATING INTERNAL
COMBUSTION ENGINE
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 7412 CAA sec
112; PL 101-549
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: The stationary reciprocating
internal combustion engine cource
category is listed as a major source of
hazardous air pollutants (HAPs) under
section 112 of the Clean Air Act (CAA).
A major source is one which emits
more than 10 tons/yr of one HAP or
more than 25 tons/yr of a combination
of 189 HAPs. The EPA will gather
information on HAP emissions from
internal combustion engines and
determine the appropriate maximum
achievable control technology (MACT)
to reduce HAP emissions, if any. The
EPA will also gather information for
NOx, SO2, CO, and PM and decide
whether standards are required to
reduce these emissions. The EPA will
use information that has already been
developed, if possible, by gathering
information by working with State/local
agencies, vendors, manufacturers of
internal combustion engines, owners
and operators of internal combustion
engines, and environmentalists. Some
small businesses that use internal
combustion engines may be directly
impacted as well as a few small
government entities who produce their
own power. The number of small
entities that would be affected is not
known at this time.
Timetable:
Action Date FR Cite
NPRM
Final Action
09/00/00
11/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3656
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG63
3164. NESHAP: COMBUSTION
TURBINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 44 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: The combustion turbine
source category is listed as a major
source of hazardous air pollutants
(HAPs) under section 112 of the Clean
Air Act (CAA). A major source is one
which emits more than 10 tons/yr of
one HAP or more than 25 tons/yr of
a combination of 189 HAPs.
Combustion turbines also emit NOx,
SO2, CO, and PM. Combustion turbines
are already regulated for NOx and SO2
emissions under section 111 of the
CAA. The EPA will gather information
on HAP emissions from combustion
turbines and determine the appropriate
maximum achievable control
technology (MACT) to reduce HAP
emissions, if any. The EPA will also
gather information to revise the 1979
NSPS for NOx and SO2 and decide
whether CO and PM standards are
required for combustion turbines. The
EPA information that has already been
developed will be used if possible and
additional information will be gathered
by working with State/local agencies,
vendors, manufacturers of combustion
turbines, owners and operators of
combustion turbines, and
environmentalists. The number of small
entities that would be affected is not
known at this time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3657
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG67
3165. NESHAP: IRON FOUNDRIES
AND STEEL FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, See additional
information.
Abstract: Iron foundries and steel
foundries have been identified by the
EPA as potentially significant sources
-------
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23467
EPA—Clean Air Act (CAA)
Proposed Rule Stage
of air emissions of manganese
compounds, lead compounds, and
other substances that are among the
pollutants listed as hazardous air
pollutants in section 112 of the Clean
Air Act, as amended in November of
1990. As such, these industries may be
source categories for which national
emission standards may be warranted.
Timetable:
Action Date FR Cite
NPRM
Final Action
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3343
EPA is required to promulgate
standards for all of the source
categories listed in accordance with
section 112(e) by November 15, 2000.
Agency Contact: Jim Maysilles,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3265
Fax: 919 541-5600
Email: maysilles.jim@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE43
3166. NESHAP: INTEGRATED IRON
AND STEEL
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: The Clean Air Act, as
amended November 1990, requires the
EPA to regulate categories of major and
area sources of hazardous air pollutants
(HAP). The EPA has determined that
integrated iron and steel mills emit
several of the 188 HAP listed
(including compounds of chromium,
lead, manganese, toluene, and
polycyclic organic matter) in quantities
sufficient to designate them as major
sources. As a consequence, integrated
iron and steel facilities are among the
HAP-emitting source categories selected
for regulation.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3346
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Phil Mulrine, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
RIN: 2060-AE48
3167. NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Project is to develop a
NESHAP for the source category which
involves the manufacture of composite
products involving thermoset resins
and re-enforcements. Some of the
specific products in the source category
are tubs/showers, auto/truck parts,
appliances, furniture, piping,
construction materials, sporting goods
using such materials, and intermediate
compounds such as bulk molding
compound and sheet molding
compounds. The most common HAP in
the resins used is styrene, which is
present in polyester and vinylester
resins as a monomer. Styrene is listed
as a candidate urban area source HAP.
So is methylene chloride, which is
sometimes used for cleaning, and
xylenes, which may appear in some
mold release formulas. All HAP, except
for methylene chloride, are also VOC's.
Action
Date
FR Cite
NPRM
Final Action
06/00/00
06/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3326
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3470
Email: barnett.keith@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AE79
3168. NESHAP: MISCELLANEOUS
ORGANIC CHEMICAL PRODUCTION
AND MISCELLANEOUS COATING
PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This regulation will cover
organic chemical manufacturing
processes not covered by the HON or
other MACT standards. The regulation
will control process vents (continuous
and batch, including mixing
operations), equipment leaks, storage
tanks, wastewater, solvent recovery,
and heat exchange systems.
Timetable:
Action
Date
FR Cite
NPRM 07/00/00
Final Action 07/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3452
Sectors Affected: 325 Chemical
Manufacturing
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23468
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AE82
3169. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The chlorine production
source category includes facilities
engaged in the production of chlorine
and sodium hydroxide (caustic) by one
of the following electrolytic processes:
diaphragm cell, membrane cell, and
mercury cell. Hazardous air pollutants
emitted include chlorine, hydrogen
chloride, and mercury. None of the
facilities are major sources on their
own. However, several are co-located
with major sources (e.g., pulp and
paper plants, polymer plants, synthetic
organic chemical plants, etc.).
Emissions of chlorine and hydrogen
chloride are very minor and the Agency
is evaluating whether regulation of
these HAPs is warranted. Relative to
mercury, which is among five
pollutants listed for regulation under
section 112(c)(6) due to their persistent
and bioaccumulative effects, the
Agency intends to subject to regulation
under section 112(d)(2) all mercury cell
facilities regardless of major source
status.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3449
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE85
3170. AMENDMENTS TO GENERAL
PROVISIONS SUBPARTS A AND B
FOR 40 CFR 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112; PL 101-549
CFR Citation: 40 CFR 63.1; 40 CFR
63.51
Legal Deadline: None
Abstract: The General Provisions
(subpart A) were promulgated on
March 16, 1994 (59 FR 12408). The
General Provisions create the technical
and administrative framework and
establish general procedures and
criteria for implementing MACT
standards. On May 16, 1994, six
litigants filed petitions for EPA to
review certain provisions of the General
Provisions. Subpart B, the procedures
for implementing section 112(j), were
promulgated on May 26, 1994. In June,
1994 litigants filed petitions for EPA
to review the promulgated procedures.
As a result of the litigation, it is
anticipated that a number of technical
and administrative amendments to
subpart A and B will be proposed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3551
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AF31
3171. NESHAP: BOAT
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the boat manufacturing
industry. This rule will affect the
manufacture of fiberglass and
aluminum boats. The most abundant
pollutant emitted by this industry is
styrene, which is listed as a hazardous
air pollutant in the 1990 Clean Air Act.
The Agency will study the various
hazardous air pollutants emitted by the
industry and will evaluate pollution
prevention and abatement techniques
which can reduce emissions from these
pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3747
Sectors Affected: 336611 Ship
Building and Repairing; 336612 Boat
Building
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23469
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AG27
3172. NESHAP: TIRE
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This is a 10-year MACT
covering the HAP emissions from the
manufacturing of Rubber tires. The
emission sources associated with the
rubber compound mixing (banbury);
extruding; calendaring; building; curing
and finishing are covered in this
MACT. Forty one facilities have been
initially identified. This includes
approximately 35 facilities of at least
10 tpy and 26 facilities of at least 25
tpy. Emissions are primarily associated
with rubber processing and the use of
HAP bearing solvent and cements.
Several facilities have eliminated
through substitution much of the HAP
bearing solvent and cements. However,
evaluation of the MACT and separation
of the rubber processing emissions from
HAP bearing solvents and cement will
reduce the number of affected facilities
to about 30. In addition, the tire cord
coating operations will also be
included. Typically these facilities are
separate non-colocated operations. The
major pollutant associated with tire
cord is formaldehyde. There are
approximately 12 affected major
facilities
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3749
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG29
3173. NESHAP: LARGE APPLIANCE
(SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of large appliance
products and parts. This regulation will
reduce nationwide emissions of HAPs
from surface coating of large
appliances, a measure required by
section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3823
Sectors Affected: 333298 All Other
Industrial Machinery Manufacturing;
335228 Other Major Household
Appliance Manufacturing; 336391
Motor Vehicle Air-Conditioning
Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 335222
Household Refrigerator and Home
Freezer Manufacturing; 335221
Household Cooking Appliance
Manufacturing; 335224 Household
Laundry Equipment Manufacturing;
335212 Household Vacuum Cleaner
Manufacturing
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Mohamed Serageldin, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
RIN: 2060-AG54
3174. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAPs) from operations that apply
surface coatings to metal parts and
products. Although this rule would
cover a wide variety of coating
operations, it would not apply to
specific coating operations for which
regulations have been developed (e.g.,
plastic parts coating, can coating, large
appliance coating, etc.). This regulation
is required under section 112 of the
Clean Air Act of 1990.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3825
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5689
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
BIN: 2060-AG56
3175. PAPER AND OTHER WEB
COATING NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63; 40 CFR 59
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would result in
the reduction of hazardous air
pollutants (HAPs) emitted by the paper
and other web coating industries. The
Agency will study the various HAP and
VOC pollutants emitted by the industry
and will evaluate pollution prevention
and control techniques which can
reduce these emissions. There are likely
to be small businesses in the paper and
other web coating industry, but at this
time it is not known how many of these
small businesses will be subject to
these rules.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/00
06/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 3827
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Daniel Brown, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5305
Fax: 919 541-5689
Email: brown.dan@epa.gov
RIN: 2060-AG58
3176. NESHAP: ASPHALT ROOFING
AND PROCESSING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The CAA required EPA to
publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the asphalt roofing and
processing industry may be reasonably
anticipated to emit one of the
pollutants listed in section 112(b) of the
CAA. As a consequence, the source
category is included on the initial list
of HAP-emitting categories scheduled
for standards promulgation within ten
years of enactment of the CAA
Amendments of 1990. The purpose of
this action is to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated according to the
mandated schedule.
Timetable:
Action
NPRM
Interim Final
Date
02/00/01
02/00/02
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3655
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AG66
3177. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended in 1990, requires EPA to
develop emission standards for sources
of hazardous air pollutants (HAPs).
Industrial boilers and
institutional/commercial boilers are
among the potential source categories
to be regulated under section 112 of
the CAA. Emissions of HAPs will be
addressed by this rulemaking for both
new and existing sources. EPA
promulgated an NSPS for these source
categories in 1987 and 1990. The
standards for the NESHAP are to be
technology-based and are to require the
maximum achievable control
technology (MACT) as described in
section 112 of the CAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/00
11/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3837
Agency Contact: James Eddinger,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
William Maxwell, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AG69
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23471
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3178. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: This rule will establish a
MACT (maximum available control
technology) for semiconductor
production facilities. There are
currently 3 major sources that would
be affected by the NESHAP. This action
will result in little or no additional
emission reduction but will establish a
Federal MACT level for large facilities.
EPA is evaluating whether there will
continue to be major sources in this
category before proceeding with rule
development.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Federal
Additional Information: SAN No. 3902
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wfayne.tony@epa.gov
RIN: 2060-AG93
3179. NESHAP: METAL COIL
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal coil surface
coating industry. The Agency will
study what pollutants are emitted and
evaluate the control techniques,
including pollution prevention, that are
used to reduce these emissions. The
Agency will also determine what, if
any, impact the rule would have on
small businesses.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3905
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2940
Fax: 919 541-5689
Email: jones.rhea@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG97
3180. NESHAP: AUTOMOBILE AND
LIGHT-DUTY TRUCK
MANUFACTURING (SURFACE
COATING)
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAPs) emitted from the coatings used
by the automobile and light-duty truck
manufacturing industry. The Agency
will study the HAP emitted by the
industry and will evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 3907
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Dave Salman, Environmental Protection
Agency, Air and Radiation, (MD-13),
Research Triangle Park, NC 27711
Phone: 919 541-0859
Email: salman.dave@epa.gov
RIN: 2060-AG99
3181. OFFSET LITHOGRAPHIC
PRINTING NATIONAL VOC RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action will result in the
reduction of volatile organic compound
(VOC) emissions from offset
lithographic printing.
Timetable:
Action
Date
FR Cite
NPRM 03/00/01
Final Action 03/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 3908
Agency Contact: Daniel Brown,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5305
Fax: 919 541-5689
Email: brown.dan@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AHOO
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23472
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3182. NESHAP: PRIMARY
MAGNESIUM REFINING
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act (Act), as amended November 1990,
requires the EPA to regulate categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b). The EPA has determined that
sources that manufacture primary
magnesium may reasonably be
anticipated to emit several of the 189
HAPs listed (including chlorine and
hydrochloric acid) in quantities
sufficient to designate them as a major
source. As a consequence, primary
magnesium refining is among the HAP
emitting source categories selected for
regulation and is in the group of
categories for which final rules are
scheduled to be promulgated by
November 15, 2000 (58 FR 63941,
December 3, 1993).
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
03/00/02
Legal Deadline: None
Abstract: Final standards under section
112(d) for chromium emissions from
hard and decorative chromium
electroplating and chromium anodizing
tanks (40 CFR 63, subpart N) were
promulgated on January 25, 1995. Since
promulgation, the Agency has
determined that a class of chromium
electroplating operations were
inadvertently excluded from regulation.
Specifically, the final standards do not
apply to sources engaged in continuous
chromium electroplating of steel sheet
used to make cans and other
containers. It is the Agency's intent to
regulate all facilities engaged in
chromium electroplating. Therefore, the
Agency plans to amend the chromium
electroplating rule to extend its
applicability to continuous chromium
electroplating operations.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3924
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH03
3183. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Action
Date FR Cite
NPRM 12/00/00
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 2841
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH08
3184. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: This rule will specify
maximum achievable control
technology for site remediation.
Hazardous air pollutant emissions from
spills of organic liquids, the excavation,
transportation, and treatment of
contaminated soils and groundwater,
and other operations will be considered
in developing the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 3968
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AH12
3185. NESHAP: LEATHER TANNING
AND FINISHING OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, The Clean Air Act
requires promulgation by 11/15/00.
Abstract: Title III of the Clean Air Act
requires EPA to develop air emission
standards for facilities that emit any of
the 189 hazardous air pollutants. This
action will develop a MACT standard
for sources involved in leather tanning
and finishing operations. Facilities
involved in these operations release
over 1.7 million pounds of hazardous
air pollutants per year. Regulation of
these facilities will result in a reduction
of the emissions of hazardous air
pollutants, several of which are highly
toxic.
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23473
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM 04/00/00
Final Action 04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3964
Sectors Affected: 31611 Leather and
Hide Tanning and Finishing
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AH17
3186. NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This action develcps National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for vegetable oil
production facilities as authorized
under section 112(d) of the Clean Air
Act (Act). The action is based on the
determination that vegetable oil
production plants emit organic
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act. On July
16, 1992, EPA listed vegetable oil
production as a source for which
NESHAP are to be promulgated. On
December 3, 1993, EPA published a
schedule for promulgating NESHAP for
vegetable oil production plants by
November 15, 2000. NESHAP
developed under section 112(d) apply
to both new and existing facilities.
NESHAP for existing facilities are to be
based on the average emission
limitation achieved by the best
performing 12 percent of existing
sources.
Timetable:
Action
Date
FR Cite
NPRM 04/00/00
Final Action 03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Federalism: Undetermined
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3903
Sectors Affected: 311222 Soybean
Processing; 311223 Other Oilseed
Processing; 311225 Fats and Oils
Refining and Blending; 311225 Fats and
Oils Refining and Blending
Agency Contact: James Durham,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5672
Fax: 919 541-0246
Email: durharn.jim@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH22
3187. NESHAP: ROCKET ENGINE
TEST FIRING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Rocket Engine Test Firing
source category and the Engine Test
Facilities source category are included
on EPA's list of sources of HAP's. The
Rocket Engine Test Firing source
category includes facilities engaged in
test firing of rocket engines using solid
or liquid propellents. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Timetable:
Action Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3972
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH35
3188. NESHAP: ORGANIC LIQUID
DISTRIBUTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants by establishing
maximum achievable control
technology (MACT) for facilities
distributing organic liquids. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAPs) from all industries to
protect the public health and
environment. The EPA has not
determined the scope of this project.
However, this project should include
but is not limited to those activities
associated with the storage and
distribution of organic liquids other
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23474
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
than gasoline at sites that serve as
distribution points from which organic
liquids may be obtained for further use
and processing.
Timetable:
Action
Date FR Cite
NPRM 09/00/00
Final Action 10/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3971
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41
3189. NESHAP: FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA)
requires development of emission
standards for sources emitting any of
the hazardous air pollutants (HAP)
listed in section 112(b) of the CAA.
Flexible Polyurethane Foam Fabrication
Operations is listed as a category of
major sources based on documented
emissions of the following HAP:
methylene chloride, trichlorethane,
hydrogen cyanide, and hydrogen
chloride. This source category covers
emissions from various polyurethane
foam bonding operations, including
foam gluing and flame lamination. This
action will explore alternatives for
reducing HAP emissions from the
following emission sources located at
foam fabrication plants: process vents,
raw material storage and transfer
operations, and equipment leaks. By
mid-1999, these facilities had to be in
compliance with the revised, lower
OSHA permissible exposure limits for
methylene chloride, which is the
predominant HAP. Most, if not all
facilities have responded by replacing
methylene chloride with a non-HAP.
Most, if not all of these facilities may
no longer be major sources of HAP
emissions. If there are still major
sources in the source category, a
NESHAP for this source category will
be developed based on Maximum
Achievable Control Technology.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local,
State, Federal
Additional Information: SAN No. 3973
Sectors Affected: 326299 All Other
Rubber Product Manufacturing; 326199
All Other Plastics Product
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
Maria Noell, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov
RIN: 2060-AH42
3190. AMENDMENTS TO PARTS 51,
52, 63, 70 AND 71 REGARDING THE
PROVISIONS FOR DETERMINING
POTENTIAL TO EMIT
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action proposes to
amend regulations already established
to implement the new Federal air toxics
program under section 112, including
the General Provisions, the Federal
operating permit program under title V,
and the major source preconstruction
programs under parts C and D of title
I.
The proposed rule will address issues
related to the determination of a
stationary source's potential to emit in
response to three court decisions.
This action resulted from splitting of
RINs 2060-AC98 and 2060-AC63.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3479
Agency Contact: Carol Holmes,
Environmental Protection Agency, Air
and Radiation, OECA (2242A),
Washington, DC 20460
Phone: 202 260-8709
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
MD-12, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
RIN: 2060-AI01
3191. NESHAP: PROCESS HEATERS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended in 1990, requires EPA to
develop emission standards for sources
of hazardous air pollutants (HAPs).
Process heaters is among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23475
EPA—Clean Air Act (CAA)
Proposed Rule Stage
control technology (MACT) as
described in section 112 of the CAA.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4218
Agency Contact: James Eddinger,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AI35
3192. NSPS: NEW SOURCE
PERFORMANCE STANDARDS AND
EMISSION GUIDELINES FO.1 OTHER
SOLID WASTE INCINERATORS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Section 129 of the Clean Air
Act of 1990 requires the Agency to
promulgate New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for solid waste
incinerators. Section 129 specifically
required the Administrator to publish
a schedule for regulating Other Solid
Waste Incinerators (OSWTJ. A notice in
the Federal Register was published on
November 2, 1993 that announced that
the Administrator would promulgate
OSWI standards by November 15, 2000.
The notice also listed what classes of
incinerators would be covered by the
OSWI standards. Because it is believed
that these OSWI emit significant
amounts of air pollution that cause
public health and environmental
problems, the Administrator intends to
promulgate the NSPS and EG for OSWI
in accordance with section 129.
Standards will be set for the following
pollutants: particulate matter, opacity,
sulfur dioxide, hydrogen chloride,
oxides of nitrogen, carbon monoxide,
lead cadmium, mercury, and dioxins
and dibenzofurans.
Timetable:
Timetable:
Action
Date
FR Cite
ANPRM 12/28/94 59 FR 66850
NPRM 11/00/00
Final Action 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State
Additional Information: SAN No. 3751
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Richard Grume, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5294
Fax: 919 541-5450
Email: crume.rick@epa.gov
RIN: 2060-AG31
3193. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479
CAA sec 160-169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Action
Date
FR Cite
ANPRM
NPRM
Final Action
05/16/97 62 FR 27158
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3919
Agency Contact: David LaRoche,
Environmental Protection Agency, Air
and Radiation, 6102, Washington, DC
20460
Phone: 202 260-7652
Fax: 202 260-8509
Email: laroche.david@epa.gov
RIN: 2060-AH01
3194. METAL FURNITURE (SURFACE
COATINGS) NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of metal furniture
products and parts. This regulation will
reduce nationwide emissions of HAPs
from surface coating of metal furniture
products and parts, which is required
under section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3824
Sectors Affected: 337124 Metal
Household Furniture Manufacturing;
33636 Motor Vehicle Fabric Accessories
and Seat Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing; 337127
Institutional Furniture Manufacturing;
332116 Metal Stamping; 332612 Wire
Spring Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
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23476
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Mohamed Serageldin, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
RIN: 2060-AG55
3195. PLASTIC PARTS (SURFACE
COATING) NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would address
the hazardous air pollutants (HAP)
emissions from the coating of plastic
parts. Pollution prevention approaches
will be considered. Specific sectors of
the plastic parts industry to be
included in this action have not yet
been determined.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3826
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-5689
Email: teal.kim@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG57
3196. LOCATION OF SELECTIVE
ENFORCEMENT AUDITS OF FOREIGN
MANUFACTURED VEHICLES AND
ENGINES; AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7525 CAA sec
206(b)
CFR Citation: 40 CFR 86G (Revision);
40 CFR 86K (Revision)
Legal Deadline: None
Abstract: This action would consider
an amendment to the existing
regulations to include ports of entry as
a location for EPA selection of foreign
produced vehicles and engines for SEA
emissions testing at laboratories in the
U.S. While the regulations do not
specify EPA authority to conduct such
port selections, the increased flexibility
provided by port selections warrants
amending the regulations. Presently,
EPA must travel overseas to conduct
SEA audits of foreign manufactured
vehicles and engines, even though most
manufacturers now have access to
laboratory facilities in the U.S. The
benefits include a reduction in Agency
cost since fewer overseas trips would
be necessary. Also, EPA would be able
to conduct more audits of foreign
manufactured vehicles and engines.
Separate from the provisions proposed
in this NPRM for amendments to allow
port selection for SEAs, EPA is also
proposing to make two other
amendments to 40 CFR part 86. The
first would amend current Selective
Enforcement Auditing regulations to
change the minimum annual limit of
Selective Enforcement Audits per
manufacturer to two (2) per year.
Currently, the minimum annual limit
is one audit per manufacturer. Under
the proposed amendments EPA would
be able to perform a second audit on
those manufacturers that might
otherwise be limited to one audit.
The second additional proposed
amendment to part 86 would delete
from subparts A and E references to
the Agency representation in certain
types of administrative hearings. The
two provisions state that the Office of
General Counsel will represent the
Agency in administrative procedures
governing hearings on certification for
light-duty vehicles, light-duty trucks,
heavy-duty engines and motorcycles.
The Agency is proposing to delete these
two provisions in order to be consistent
with other hearing procedures in part
86.
Timetable:
Action
Date
FR Cite
NPRM
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3139
Agency Contact: Richard Gezelle,
Environmental Protection Agency, Air
and Radiation, 6403J, Washington, DC
20460
Phone: 202 564-9267
RIN: 2060-AD90
3197. REVIEW OF FEDERAL TEST
PROCEDURES FOR EMISSIONS FROM
MOTOR VEHICLES; TEST
PROCEDURE ADJUSTMENTS TO
FUEL ECONOMY AND EMISSION
TEST RESULTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549
CFR Citation: 40 CFR 600; 40 CFR 86
Legal Deadline: None
Abstract: This action considers
potential adjustments to fuel economy
and emission test results to compensate
for test procedure changes previously
adopted; it applies to light-duty
vehicles and light-duty trucks. This
aspect of the previous rulemaking (SAN
3323, RIN 2060-AE27) was deferred.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3979
Agency Contact: R. W. Nash,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 743 214-4412
RIN: 2060-AH38
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23477
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3198. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671(g) CAA
sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: The rule will include the
reconsideration of the sales restriction
as it relates to split systems. The
Agency was petitioned to reconsider
the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians, emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3673
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205), Washington, DC
20460
Phone: 202 564-2216
Fax: 202 565-2093
RIN: 2060-AG20
3199. PROTECTION OF
STRATOSPHERIC OZONE:
ADDITIONAL STEPS TO CONFORM
US METHYL BROMIDE PROGRAM TO
OBLIGATIONS UNDER THE
MONTREAL PROTOCOL AND RECENT
CHANGES TO THE CAA
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rulemaking will propose
remaining phaseout steps for methyl
bromide, adjust phaseout data, and
establish additional exemptions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4271
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9185
Fax: 202 565-2095
Email: land.tom@epamail.epa.gov
RIN: 2060-AI41
3200. • AMENDMENTS TO VEHICLE
INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS
IMPLEMENTING THE ONBOARD
DIAGNOSTIC CHECK; PROPOSED
AMENDMENT TO THE FINAL RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: Other, Statutory, April
30, 2000, States must begin OBD check
by 1/1/01 and need time to address
changes.
Abstract: This action proposes
substantive and minor revisions to the
Motor Vehicle Inspection/Maintenance
(I/M) requirements to provide
additional flexibility to state I/M
programs by allowing such programs to
replace traditional I/M tests on model
year 1996 and newer vehicles with a
check of the onboard diagnostic (OBD)
system. Additionally, the proposed
amendments would: Revise and
simplify the failure criteria for the OBD
check; address State Implementation
Plan (SIP) credit modeling for the OBD
check; and allow for limited
exemptions from some OBD check
failure and/or rejection criteria for
certain model years.
Timetable:
Action
Date FR Cite
NPRM Amendments 05/00/00
to Vehicle I/M
Program
Requirements for
OBD Checks
Final Rule 12/00/00
Amendments to
Vehicle I/M Program
Requirements for
OBD Checks
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4385
Agency Contact: Ed Gardetto,
Environmental Protection Agency, Air
and Radiation
Phone: 734 214-4322
Fax: 734 214-4906
Email: gardetto.edward@epa.gov
David Sosnowski, Environmental
Protection Agency, Air and Radiation,
RSPD, Ann Arbor, MI 48105
Phone: 734 214-4823
Fax: 734 214-4052
Email: sosnowski.david@epa.gov
RIN: 2060-AJ03
3201. NESHAP: GENERIC MACT FOR
CARBON BLACK, ETHYLENE,
CYANIDE AND SPANDEX
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Several of the source
categories that are subject to MACT
(maximum achievable control
technology) standards contain only a
few sources (e.g., fewer than five). For
such categories, EPA plans to develop
a generic MACT standard for these
source categories. Given the relatively
few affected sources caught by the
generic standard, the overall cost and
environmental effects of this action are
expected to be small, nationally.
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23478
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4105
Sectors Affected: 325182 Carbon Black
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AH68
3202. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Since the promulgation of the
chromium electroplating NESHAP we
have been informed of several sources
that are experiencing difficulty in
complying with the concentration limit
for new sources even though they have
installed and operate composite mesh
pad scrubber technology similar or
identical to that used as the basis for
the MACT emission limit. These
sources operate new state-of-the-art
plating tanks not encountered during
rule development which feature
enclosing hoods that completely cover
the surface of the plating tank. This
covered tank design allows for effective
capture and ventilation at substantially
lower exhaust air flow rates than
otherwise encountered with more
conventional exterior hooding.
Although these sources exceed the new
source standard concentration limit of
0.015 mg/dscm, actual mass rate
emissions are more than 50 percent
lower than would otherwise be
achieved with more conventional
hooding and higher ventilation rates.
The chromium electroplating standard
will be amended to include this
alternative type of control system.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4115
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Phil Mulrine, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
RIN: 2060-AH69
3203. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION ENGINES
RATED OVER 19 KW AND NEW LAND-
BASED RECREATIONAL SPARK-
IGNITION ENGINES
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to
7671 (q)
CFR Citation: 40 CFR 94
Legal Deadline: NPRM, Judicial,
September 30, 2000.
Final, Judicial, December 31, 2001.
Abstract: Emissions from large spark-
ignition engines are currently
unregulated. EPA and California Air
Resources Board (CARB) are
cooperating in an effort to set emission
standards for these engines to
substantially reduce their contribution
to the emission inventory.
Action
Date FR Cite
Proposed Finding
NPRM
Final Action
02/08/99 64 FR 6008
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4154
Sectors Affected: 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 335312
Motor and Generator Manufacturing;
42183 Industrial Machinery and
Equipment Wholesalers
Agency Contact: Don Kopinski,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4781
Email: kopinski.don@epa.gov
Alan Stout, Environmental Protection
Agency, Air and Radiation, EPCD, Ann
Arbor, MI 48105
Phone: 734 214-4805
Fax: 734 214-4816
Email: stout.alan@epamail.epa.gov
RIN: 2060-AI11
3204. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW
COMPRESSION-IGNITION AND
SPARK-IGNITION RECREATIONAL
MARINE ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7547(a)
CFR Citation: 40 CFR 94
Legal Deadline: Final, Judicial, October
31, 2000.
NPRM, Judicial, November 23, 1999.
Abstract: This proposed rulemaking
will establish numerical emission limits
for compression-ignition and spark-
ignition engines used on marine
recreational vessels. This action will
complete EPA's emission control
program for marine engines
(commercial engines and spark-ignition
outboard and personal watercraft
engines are covered in separate rules).
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/00
11/00/01
Regulatory Flexibility Analysis
Required: Yes
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23479
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4251
Agency Contact: Holly Pugliese,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
Jean Marie Revelt, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI36
3205. PROTECTION OF
STRATOSPHERIC OZONE:
MANUFACTURE OF HALON BLENDS,
INTENTIONAL RELEASE OF HALON,
TECHNICAL TRAINING AND
DISPOSAL OF HALON AND HALON-
CONTAINING EQUIPMENT -
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671(q)
CFR Citation: 40 CFR 82.250 to 82.270
Legal Deadline: None
Abstract: EPA promulgated a final rule
(63 FR 11084, March 5, 1998)
concerning numerous aspects of the
handling and processing of halons, a
group of gaseous or easily vaporized
hydrocarbons that are used in a wide
range of fire and explosion protection
applications. Halons are Class I ozone-
depleting substances regulated under
Title VI of the Clean Air Act (Act).
Following publication of this rule,
members of the regulated community
and other stakeholders requested
clarifications to two technical
provisions of this rule, and other,
editorial, clarifications. The two
technical clarifications relate to (1)
EPA's requirements regarding the
efficiency of equipment used during
halon recovery and recycling activities,
and (2) EPA's requirements regarding
technician training. SPD therefore will
consider adding substantive or editorial
clarifications, and/or additional
preamble discussion, to address these
issues. These changes are expected to
be fully consistent with the original
scope and intent of the March 5, 1998
regulation. By providing greater clarity
and specificity to the requirements as
requested by members of the regulated
community and other stakeholders,
EPA will better ensure achievement of
the environmental objectives of this
action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4252
Agency Contact: Lisa Chang,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9742
Fax: 202 565-2096
Email: chang.lisa@epa.gov
RIN: 2060-AI40
3206. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING QUARANTINE AND
PRESHIPMENT METHYL BROMIDE
USED IN THE UNITED STATES AND
BASELINE ADJUSTMENTS
Priority: Other Significant
Legal Authority: 42 USC 7671 to
7671(q); 42 USC 7414
CFR Citation: 40 CFR 82.1 to 82.13
Legal Deadline: None
Abstract: The Montreal Protocol
exempts quarantine and preshipment
from the methyl bromide production
and import baseline; therefore, a
regulation must be promulgated to
allow for the exemption in EPA's
current allowance system.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
09/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4253
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9185
Fax: 202 565-2095
Email: land.tom@epamail.epa.gov
RIN: 2060-AI42
3207. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Clean Air Act requires
reviews every five years.
Abstract: Review of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/00
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4266
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5271
Fax: 919 541-0237
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
3208. REVISION OF SCHEDULE FOR
STANDARDS UNDER SECTION 112 OF
THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 Clean
Air Act sec 112
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23480
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act requires the EPA to publish a list
of major and area source categories
which emit one or more of the
hazardous air pollutants listed in
section 112. An initial list of source
categories was finalized in July 1992,
and contained 174 categories. Section
112 further requires the Agency to
prioritize the listed categories such that
standards are promulgated for 40
source categories within 2 years of
enactment, 25% of all initially listed
categories within 4 years, 50% within
7 years, and 100% within 10 years. The
schedule for the promulgation of
emissions standards was published in
December 1993. This action revises the
list of source categories and the
corresponding schedule for emission
standards. This is in accordance with
the statute, which requires the Agency
to periodically amend the list in
response to public comment or new
information, and no less often than
every eight years. The list and the
schedule were last updated on
November 18, 1999.
Timetable:
Action
Date
FR Cite
Notice
Notice
11/18/99 64 FR 63025
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4284
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AI52
3209. CONTROL OF EMISSIONS OF
HAZARDOUS POLLUTANTS FROM
MOTOR VEHICLES AND MOTOR
VEHICLE FUELS
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: PL 101-549 sec
202(1X2)
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, July
14, 2000, Civil Action No. 95-1747
Sierra Club v. Carol M. Browner.
Final, Judicial, July 28, 2000, Civil
Action No. 95-1745 Sierra Club v. Carol
M. Browner.
Abstract: This action will: (1) describe
the hazardous air pollutants emitted
from motor vehicles and motor vehicle
fuels; (2) discuss the Agency's existing
and planned emission control programs
to reduce emissions of these pollutants;
and (3) explore the need for additional
controls. Any additional control
programs will be undertaken and tiered
separately from this action.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
07/00/00
12/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4285
Agency Contact: Jean Marie Revelt,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI55
3210. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Priority: Other Significant
Legal Authority: 42 USC 7401-7671q
CFR Citation: 40 CFR 93
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to promulgate rules that establish
the criteria and procedures for
determining whether highway and
transit plans, programs, and projects
conform to state air quality plans.
"Conformity" means that the
transportation actions will not cause or
worsen violations of air quality
standards or delay timely attainment of
the standards. The original conformity
rule was finalized on November 24,
1993, and most recently amended on
August 15, 1997. On March 2, 1999,
the U.S. Court of Appeals overturned
certain provisions of the 1997
conformity amendments. This
rulemaking will amend the conformity
rule in compliance with the court
decision. The rulemaking will formalize
the May 14, 1999 EPA guidance and
the June 18, 1999 DOT guidance that
was issued to guide action on this issue
until a rulemaking could be issued.
Specifically, the rulemaking will clarify
the types of projects that can be
implemented in the absence of a
conforming transportation plan. It will
also explain EPA's process for
reviewing newly submitted air quality
plans and when those submissions can
be used for conformity purposes.
Timetable:
Action
Date
FR Cite
NPRM 05/00/00
Final Rule 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4340
Agency Contact: Kathryn Sargeant,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4441
Fax: 734 214-4052
Email:
sargeant.kathryn@epamail.epa.gov
RIN: 2060-AI56
3211. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23481
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5689
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AI62
3212. NESHAP FOR ETHYLENE OXIDE
COMMERCIAL STERILIZATION
OPERATIONS-MONITORING
AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The proposed amendments
will correct technical problems
associated with both the compliance
testing and monitoring requirements.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4316
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI64
3213. NESHAP FOR THE PRINTING
AND PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1994.
Abstract: The amendments will clarify
the rule and ensure it reflects the EPA's
intent.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4310
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Dave Salman, Environmental Protection
Agency, Air and Radiation, (MD-13),
Research Triangle Park, NC 27711
Phone: 919 541-0859
Email: salman.dave@epa.gov
RIN: 2060-AI66
3214. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The brick and structural clay
products manufacturing source category
primarily includes facilities that
manufacture structural brick from clay,
shale, or a combination of the two.
Other structural clay products that are
included in the source category include
clay pipe, adobe brick, chimney pipe,
flue liners, drain titles, roofing tiles,
and sewer tiles. The manufacture of
brick and structural clay products
involves mining, grinding, screening
and blending of the raw materials
followed by forming, cutting or
shaping, drying, firing, cooling, storage,
and shipping of the final product.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4325
Split from RIN 2060-AH79.
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327124 Clay Refractory
Manufacturing; 327123 Other Structural
Clay Product Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AI67
3215. HEAVY-DUTY ENGINE
EMISSION STANDARDS AND DIESEL
FUEL SULFUR CONTROL
REQUIREMENTS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
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23482
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking would set
new quality requirements for fuel used
in diesel engines and tighten heavy
duty NOx and PM engine standards.
Improving the quality of diesel fuel will
enable advanced technologies for diesel
emission control. A key approach taken
in developing the "Tier II" standards
(Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards and
Gasoline Sulfur Standards — see RIN
2060-AI23) was "fuel-neutrality" —
applying standards equally to diesel-
and gasoline- powered vehicles.
Reducing sulfur levels in on highway
diesel fuel will help facilitate
development of diesel-powered
vehicles that meet these standards. Low
sulfur diesel fuel is needed so that
advanced technology for diesel engines
will be available to meet new more
stringent standards. There aie also
additional air quality benefits such as
particulate matter and sulfate
reductions associated with reducing
sulfur levels in diesel fuel.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
06/16/99
04/00/00
12/00/00
FR Cite
64 FR 32209
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4355
This rule incorporates the work done
on Control of Diesel Fuel Quality, RIN
2060-AI32, SAN 4268 which is listed
as Withdrawn in the Completed section
of this Agenda.
Agency Contact: Don Kopinski,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4781
Email: kopinski.don@epa.gov
Paul Machele, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4264
Fax: 734 214-4050
Email: machiele.paul@epa.gov
RIN: 2060-AI69
3216. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS (E.G.,
MEK, EGBE, METHANOL, AND MIBK)
FROM SECTION 112(B)(1) OF THE
CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency has received 4
petitions to remove certain pollutants
(i.e., methanol, methyl ethyl ketone,
ethylene glycol butyl ether, and methyl
isobutyl ketone) from the list of
hazardous air pollutants (HAPs) under
Section 112(b) of the Clean Air Act.
The Agency must review the petitions
and either grant or deny the petition
within 18 months of the date the
complete petition was received. If the
Agency grants a petition, a notice of
proposed rulemaking will be published
in the Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under Section 112(c) and 112(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each.
Timetable:
Action Date FR Cite
NPRM
Final Action
04/00/00
07/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4313
Agency Contact: Dave Guinnup,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5368
Email: guinnup.dave@epa.gov
Chuck French, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
RIN: 2060-AI72
3217. NESHAP: ENGINE TEST
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Engine Test Facilities source
category are included on EPA's list of
sources of HAP's. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Aircraft engine testing consists of
facilities which perform testing on
uninstalled aircraft engines. Non-
aerospace engine test facilities consists
of facilities which perform testing on
uninstalled engines such as automotive
engines, stationary turbines, 1C engines,
and diesel engines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4144
Split from RIN 2060-AH35
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23483
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
BIN: 2060-AI74
3218. NESHAP: LIGHTWEIGHT
AGGREGATE MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: EPA is required under
Section 112 of the Clean Air Act to
develop maximum achievable control
technology (MACT) standards for
various industrial source categories.
The lightweight aggregate
manufacturing industry is currently
part of the clay products MACT source
category. However, EPA is developing
a separate MACT standard for
lightweight aggregate in anticipation
that the current clay products source
category will be broken down into 4
separate source categories, including
lightweight aggregate. The lightweight
aggregate source category will be
proposed at the time the MACT
standard is proposed. Lightweight
aggregate kilns that burn hazardous
waste are subject to the hazardous
waste combustor MACT standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/01
01/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Local,
Federal, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4346
Split from RIN 2060-AH79
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
Agency Contact: Joe Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AI75
3219. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES - PHARMACEUTICALS
PRODUCTION; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR part 63
Legal Deadline: None
Abstract: The final rule was
promulgated on September 21, 1998.
On November 20, 1998, a petition to
review the final rule was filed by the
Pharmaceutical Research and
Manufacturers Association with the
Court of Appeals for the District of
Columbia Circuit. This action proposes
amendments to the rule per the
settlement agreement. The amendments
include several clarifications, changes
to key definitions, changes to the
alternative standard requirements, and
changes in the administrative
requirements. There are no anticipated
incremental impacts due to these
amendments, in fact, the impacts of the
rule have been reduced due to the
streamlining of the monitoring,
reporting and recordkeeping
requirements.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4354
Sectors Affected: 325411 Medicinal
and Botanical Manufacturing; 325412
Pharmaceutical Preparation
Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AI78
3220. PROPOSED RULE TO AMEND
SUBPART H, 40 CFR PART 61 FOR
EMISSIONS OF RADIONUCLIDES
OTHER THAN RADON FROM DOE
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112(g) or (q); PL 95-95
CFR Citation: 40 CFR 61.93(a); 40 CFR
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish limits, under the
Clean Air Act, for radionuclide
emissions (other than radon) from
Department of Energy (DOE) and other
non-DOE federal facilities. These
Subparts require emission sampling,
monitoring, and calculations to identify
compliance with the standard. The
current air sampling methodology
required by the standards is embodied
in ANSI-N13. 1-1969, a consensus
guidance document that is incorporated
by reference in EPA's standards. That
guidance has recently been updated (in
1999), and contains new technical
recommendations (that differ from the
1969 version) for obtaining
representative air samples. EPA is
updating Subparts Hand I to
incorporate the new sampling guidance,
ANSI-N13. 1-1999, and require its use
for new facilities and for those
undergoing significant changes to
ventilation systems. Existing facilities
will be allowed to continue sampling
in accordance with the current
requirements.
Timetable:
Action
Date
FR Cite
NPRM 05/00/00
Final Action 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4273
Agency Contact: Robin Anderson,
Environmental Protection Agency, Air
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23484
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, 6602J, Washington, DC
20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN: 2060-AI90
3221. NATIONAL AMBIENT AIR
QUALITY STANDARD FOR OZONE -
CORRECTIONS NOTICE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7409; 42 USC
7601(a)
CFR Citation: 40 CFR 50.9 (a)
Legal Deadline: None
Abstract: This action corrects the Code
of Federal Regulations to include an
alternative pollutant-monitoring
method that was inadvertently left out
when the National Ambient Air Quality
Standards for Ozone were revised in
1979. This amendment will assure that
States have the flexibility in choice of
monitoring methods that was originally
intended.
Timetable:
Action
Date FR Cite
Notice
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4304
Agency Contact: Nash Gerald,
Environmental Protection Agency, Air
and Radiation, MD-14, Research
Triangle Park, NC 27711
Phone: 919 541-5652
Fax: 919 541-1903
Email: gerald.nash@epa.gov
Brenda Millar, Environmental
Protection Agency, Air and Radiation,
MD-14, Research Triangle Park, NC
27711
Phone: 919 541-4036
Fax: 919 541-1903
Email: millar.brenda@epa.gov
RIN: 2060-AI95
3222. DEVELOPMENT OF REFERENCE
METHOD FOR THE DETERMINATION
OF SOURCE EMISSIONS OF
FILTERABLE FINE PARTICULATE
MATTER AS PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51 App M
Legal Deadline: None
Abstract: Under this action, EPA is
initiating the publication of a reference
test method that can be used to
quantify that portion of particulate
matter emissions that are solid at stack
conditions and are equal to or less than
2.5 uM in aerodynamic diameter. This
test method is to be used in
conjunction with existing and future
reference methods which are designed
to quantify condensable particulate and
particulate precursors. Condensable
particulate is that portion of particulate
matter emissions that are gaseous at
stack conditions but which quickly
condense to a solid form when released
to the atmosphere. Particulate
precursors are gaseous compounds
which become solids as a result of
chemical reactions in the atmosphere.
This test method supports the amended
National Ambient Air Quality Standard
(NAAQS) for particulate matter which
was promulgated on July 18, 1997. The
NAAQS was revised by adding new
standards for particulate of 2.5 uM
aerodynamic diameter. An important
foundation element of State efforts to
attain the NAAQS will be the
development of reliable inventories of
baseline particulate and particulate
precursor emissions. The emission
inventories developed should be based
upon credible source tests of individual
facilities or emission factors developed
from credible source tests. At the
present time there is no reference test
method available for quantifying the
filterable particulate matter of 2.5 uM
aerodynamic diameter from emission
sources.
Timetable:
Action
Date FR Cite
NPRM 05/00/00 .
Final Action 02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4306
Sectors Affected: 21231 Stone Mining
and Quarrying; 221112 Fossil Fuel
Electric Power Generation; 3212
Veneer, Plywood and Engineered Wood
Product Manufacturing; 32411
Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3313 Alumina and Aluminum
Production and Processing; 3314
Nonferrous Metal (except Aluminum)
Production and Processing; 3315
Foundries
Agency Contact: Ronald E. Myers,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5407
Fax: 919 541-1039
Email: myers.ron@epa.gov
Tom Logan, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-2580
Fax: 919 541-1039
Email: logan.tom@epa.gov
RIN: 2060-AI96
3223. INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR 51 (revision); 40
CFR 93 (new)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave states certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
states include those elements in their
SIPs. EPA is proposing to: 1) Amend
the Federal facilities I/M requirements
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23485
EPA—Clean Air Act (CAA)
Proposed Rule Stage
by removing that section. 2) Correct
existing I/M SIP approval actions
which include these elements. 3)
Establish new Federal facilities I/M
program requirements which Federal
Facilities in I/M program areas must
meet in order to comply with the Act.
4) Designate for each state which
section of the Act Federal agencies
must comply with based on how that
state promulgated its I/M regulations.
These changes will have minimal to no
impact on the states as no new
requirements are being created. The
states are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
NPRM 08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348
Agency Contact: Sara Schneeberg,
Environmental Protection Agency, Air
and Radiation
Phone: 202 564-5592
Buddy Polovick, Environmental
Protection Agency, Air and Radiation,
Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN:2060-AI97
3224. REGULATION OF FUELS AND
FUEL ADDITIVES: REFORMULATED
GASOLINE ADJUSTMENT
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 80.45
Legal Deadline: None
Abstract: The proposed regulation
would allow CO reductions (associated
with oxygen in the gasoline above 2.0
wt %] to be used to offset increases
in VOC emissions. The change would
allow gasoline that has ethanol as an
oxygenate to have a slightly higher Reid
Vapor Pressure (RVP), which would
alleviate some cost burdens for
complying with Phase II of the RFC
program. The change would therefore
address the concern of the ethanol
industry that such gasoline would
otherwise be locked out of the market.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4358
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9028
Fax: 202 565-2075
Email: garelick.barry@epa.gov
Lori Stewart, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-9035
RIN: 2060-AI98
3225. • NESHAP: TACONITE IRON
ORE PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The taconite iron ore
processing source category is comprised
of nine facilities operating in the
United States. Seven facilities are
located in Minnesota and two are
located in Michigan. The expected
sources of HAP emissions for this
source category include: fossil fuel
combustion sources, and possibly the
handling and transfer of mined ore
containing naturally occurring
inorganic compounds. Anticipated HAP
emissions released from these sources
primarily include: formaldehyde,
manganese, nickel, arsenic, and
chromium. The quantities of HAP
released are expected to exceed major
source levels.
Action
Date
FR Cite
NPRM
Final Rule
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4380
There are nine taconite processing
facilities in the U.S.; seven are located
in Minnesota and two are located in
Michigan. The MACT standard for this
industry group will be shared between
EPA and the State of Minnesota. State
regulations currently in place include
both air emissions limitations and
prohibition of effluent discharge to
Great Lakes waters, and both air and
water monitoring requirements. Other
existing Federal regulations may be
affected under RCRA and TSCA.
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Conrad Chin, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
RIN: 2060-AJ02
3226. • NESHAP: OIL & NATURAL
GAS PRODUCTION & NATURAL GAS
TRANSMISSION & STORAGE;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The rule amendments are
needed to clarify agency intent. Some
areas requiring revision are:
applicability determination procedures,
definitions, and recordkeeping and
reporting requirements. No impacts are
anticipated as a result of the
amendments on small businesses and
state/local/tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/00
04/00/01
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23486
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4402
Sectors Affected: 211111 Crude
Petroleum and Natural Gas Extraction;
211112 Natural Gas Liquid Extraction;
48621 Pipeline Transportation of
Natural Gas; 22121 Natural Gas
Distribution
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax; 919 541-0246
Email: nizich.greg@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AJ08
3227. • REMOVAL OF ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES FROM THE SECONDARY
ALUMINUM NESHAP AND
APPLICABILITY STAY FOR THESE
INDUSTRIES
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Under the final Secondary
Aluminum Production NESHAP, the
EPA has based its MACT standard for
aluminum die casting and aluminum
foundries, as well as its assessment of
the economic impacts on small
businesses in these industries, on
information on representative facility
practices provided to EPA by these
industries to date. However, affected
facilities in these industries have
expressed concern that the information
and assumptions upon which EPA has
relied may be incomplete or may not
adequately represent the processes and
emissions at such facilities.
Accordingly, in this action, EPA will
issue a proposed rule to remove the
aluminum die casting and aluminum
foundry industries from the present
secondary aluminum standard and to
stay the applicability of the present
standard to these industries while EPA
reevaluates the MACT requirements
applicable to such facilities. The EPA
will also initiate a formal process to
collect further information from the
facilities in these industries on the
activities in which they engage and the
potential of these activities to
contribute to HAP emissions. After
evaluating this information, EPA will
make a new determination concerning
MACT requirements for both major
facilities and area sources in these
industries.
Timetable:
Action
Date FR Cite
NPRM
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4417
Sectors Affected: 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries
Agency Contact: Juan E. Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AJll
3228. • NEW SOURCE REVIEW
SECTOR-BASED APPROACH
Priority: Other Significant
Legal Authority: 42 USC 7401 to 767iq
CFR Citation: 40 CFR 51; 40 CFR 52.21
Legal Deadline: None
Abstract: The New Source Review
(NSR) Program is the principal means
by which EPA assures that new
pollution sources install reasonably
effective air pollution controls before
they are allowed to begin operation.
EPA is currently involved in a
comprehensive rulemaking ("NSR
Reform", SAN 3259), intended to
streamline the NSR program and reduce
its administrative burden. This new
rulemaking is an outgrowth of that
reform effort, and will provide
industries with the flexibility to focus
more on existing pollution sources,
with the goal of achieving as good or
better environmental results than could
be achieved focusing strictly on new
sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
04/00/00
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4390
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone; 919 541-0102
TDD Phone: 010 541-5602
Fax: 919 541-5509
Email: kaufrnan.kathy@epa.gov
RIN: 2060-AJ14
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23487
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Final Rule Stage
3229. NEW SOURCE REVIEW (NSR)
REFORM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: CAA as amended, title
I
CFR Citation: 40 CFR 51.160 to 51.166;
40 CFR 52.21; 40 CFR 52.24
Legal Deadline: None
Abstract: This action is to revise the
CAA new source review (NSR)
regulations, which govern the
preconstruction air quality review and
permitting programs that are
implemented by States and the Federal
Government for new and modified
major stationary sources of air
pollution. This rulemaking will
deregulate, that is, exclude from major
NSR program requirements those
activities of sources that, with respect
to air pollution, have little
environmental impact. The rulemaking
will encourage pollution control and
pollution prevention projects at existing
sources. Control technology
requirements will be clarified with
respect to when and how they apply
to sources that are covered. The action
seeks to more clearly define the
appropriate roles and requirements of
sources, permitting authorities and
Federal land managers and EPA in the
protection of air-quality-related values
in Federal Class I areas (i.e., certain
national parks and wilderness areas)
under the NSR regulations. State, local,
and tribal permitting agencies will be
given more flexibility to implement
program requirements in a manner that
meets their specific air quality
management needs. Consequently, the
rulemaking decreases the number of
activities that are subject to NSR
requirements and also expedites the
permitting process for those sources
that are subject to NSR. This action is
designed to reduce the regulatory
burden over all industries without
respect to commercial size or capacity;
therefore, it should have no detrimental
impact on small businesses. Finally,
this action also addresses several
pending petitions for judicial review
and administrative action pertaining to
NSR applicability requirements and
control technology review
requirements. Regulations that will be
affected are State implementation plan
requirements for review of new sources
and modifications to existing sources
(40 CFR 51.160-166), the Federal
prevention of significant deterioration
program (40 CFR 52.21), and Federal
restriction on new source construction
(40 CFR 52.24).
Timetable:
Action Date FR Cite
NPRM
Final Action
07/23/96 61 FR 38249
07/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3259
Agency Contact: Dennis Grumpier,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-0871
Fax: 919 541-5509
Email: crumpler.dennis@epa.gov
RIN: 2060-AE11
3230. NSPS: SYNTHETIC ORGANIC
CHEMICALS MANUFACTURING
INDUSTRY - WASTEWATER (FINAL) &
AMEND. TO APPENDIX C OF PART 63
& APPENDIX J OF PART 60
Priority: Other Significant
Legal Authority: CAAA
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule will develop a new
source performance standard to control
air emissions of volatile organic
compounds from wastewater treatment
operations of the synthetic chemical
manufacturing industry.
Timetable:
Action
Date
FR Cite
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
NPRM
SuppNPRM-1st
Supp NPRM-2nd
Appendix J to Part
60
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
3231. NESHAP: PETROLEUM
REFINERIES—FCC UNITS,
REFORMERS AND SULFUR PLANTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop national emission standards for
hazardous air pollutants (NESHAPs).
EPA promulgated NESHAP rules for
petroleum refineries on August 18,
1995 (RIN 2060-AD94). This action
covers three process vents not covered
under RIN 2060-AD94. These are the
catalyst regeneration vents from fluid
catalytic cracking units (FCCU) and
catalytic reformers and the tail gas
vents from sulfur recovery plants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/11/98 63 FR 48889
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3549
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
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23488
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AF28
3232. SOURCE SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
FOUR CORNERS POWER PLANT
Priority: Other Significant
Legal Authority: 42 USC 1740
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Four Corners
Plant, respectively. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/08/99 64 FR 48731
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3569
Agency Contact: Douglas McDaniel,
Environmental Protection Agency, Air
and Radiation, Region09, San
Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Air and Radiation
Phone: 520 498-0118
RIN: 2060-AF42
3233. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
Action
Date FR Cite
NPRM
Final Action
11/22/93 58 FR 61639
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AF83
3234. FEDERAL IMPLEMENTATION
PLAN (FIP) TO CONTROL EMISSIONS
FROM SOURCES LOCATED ON THE
FORT HALL INDIAN RESERVATION
Priority: Other Significant
Legal Authority: CAA, title I
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA will propose Federal
rulemaking for sources located on the
Reservation to implement the intent of
the Clean Air Act (CAA) title 1 program
to bring about attainment of the PM-
10 NAAQS both on and off the Fort
Hall Indian Reservation.
Timetable:
Action
NPRM
NPRM
NPRM
Final Action
Date
02/12/99
01/24/00
01/27/00
07/00/00
FR Cite
64 FR 7307
65 FR 3680
65 FR 4465
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3637
Agency Contact: Steve Body,
Environmental Protection Agency, Air
and Radiation, RegionlO, Seattle, WA
98101
Phone: 206 553-0782
RIN: 2060-AF84
3235. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR
YUCCA MOUNTAIN, NEVADA
Priority: Other Significant
Legal Authority: Energy Policy Act sec
801
CFR Citation: 40 CFR 197
Legal Deadline: NPRM, Statutory,
August 1,1996.
Abstract: This rulemaking is in
response to section 801 of the Energy
Policy Act of 1992 which directs the
Administrator to promulgate public
health and safety standards for
protection of the public from releases
from radioactive materials stored or
disposed of in the repository at the
Yucca Mountain site. The only
regulated entity is the U.S. Department
of Energy.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/27/99 64 FR 46976
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3568
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6602J, Washington, DC
20460
Phone: 202 564-9198
Fax: 202 565-2065
RIN: 2060-AG14
3236. AMENDMENTS FOR TESTING
AND MONITORING PROVISIONS TO
PART 60, PART 61, AND PART 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7410 to 7412; 42 USC 7414; 42 USC
7416
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23489
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: This rulemaking will amend
the emission test methods and
performance specifications in
appendices A and B of part 60,
appendix B of part 61, and appendix
A of part 63 by revising the method
format to conform with Environmental
Monitoring Management Council
(EMMC) guidelines. Conformance to the
guidelines will promote consistency
among inter-program methods. In
addition, minor technical and printing
errors in the methods will be corrected.
Similar errors in various subparts of
part 60 will also be corrected.
Performance specification 15 is also
being proposed in this rulemaking.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/27/97 62 FR 45369
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3743
Agency Contact: Bill Lamason,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5374
Fax: 919 541-1039
Foston Curtis, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-1063
RIN: 2060-AG21
3237. AMENDMENT TO STANDARDS
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (PS-1)
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action proposes to
clarify and update requirements for
source owners and operators who must
install and use continuous stack or duct
opacity monitoring equipment. This
action also proposes amendments
regarding design and performance
validation requirements for continuous
opacity monitoring system (COMS)
equipment in appendix B, PS-1. These
amendments to subpart A and PS-1 will
not change the affected facilities'
applicable emission standards or
requirement to monitor. The
amendments will: (1) clarify owner and
operator and monitor vendor
obligations, (2) reaffirm and update
COMS design and performance
requirements, and (3) provide EPA and
affected facilities with equipment
assurances for carrying out effective
monitoring. The specifications shall
apply to all COMS's installed or
replaced after the date of promulgation.
Following promulgation, a source
owner, operator, or manufacturer will
be subject to these performance
specifications if installing a new
COMS, relocating a COMS, replacing a
COMS, re-certifying a COMS that has
undergone substantial refurbishing, or
has been specifically required to re-
certify the COMS with these revisions.
Timetable:
Action
Date FR Cite
NPRM 11/24/94 59 FR 60585
Supplemental NPRM 09/23/98 63 FR 50824
Final Action 05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3744
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AG22
3238. CONSOLIDATED FEDERAL AIR
RULE FOR THE SYNTHETIC ORGANIC
CHEMICAL MANUFACTURING
INDUSTRY
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 65; 40 CFR 60;
40 CFR 61; 40 CFR 63
Legal Deadline: None
Abstract: Over the past 25 years, EPA
has issued a series of national air
regulations, many of which affect the
same facility. Some facilities are now
subject to five or six national rules,
sometimes affecting the same emission
points. Each rule has emission control
requirements as well as monitoring,
recordkeeping, and reporting
requirements.
These requirements may be duplicative
or overlapping.
All existing Federal air rules applicable
to an industry sector will be reviewed
to determine whether their provisions
can be consolidated into a single new
rule. Affected industries, State agencies,
and other stakeholders will be
consulted to identify duplicative
provisions. The chemical industry and
State representatives have agreed to
work on a pilot project with EPA's air
programs to explore this approach. If
the approach is successful with the
chemical industry, it may be expanded
to air rules for other industry sectors.
Timetable:
Action
Date FR Cite
10/28/98 63 FR 57748
06/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3748
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG28
3239. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR PART 51
METHOD FOR MEASURING
ISOCYANATES IN STATIONARY
SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
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23490
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
Timetable:
Timetable:
Action
Date FR Cite
12/08/97 62 FR 64532
01/00/01
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3900
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AG88
3240. ADDITION OF OPACITY
METHOD TO APPENDIX M OF 40 CFR
PART 51 (METHOD 203)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an insti umental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Action
Date
FR Cite
NPRM
Final Action
10/07/92 57 FR 46114
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3958
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AH23
3241. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING LOW-
EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 88; 40 CFR 86
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities. This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the term
dedicated fuel system, broaden the
criteria for engine families, and provide
an exemption from certification fees.
This action is not a deregulatory action.
This action will provide another means
for small business to remain active
entities in supplying alternatively
fueled vehicles to the market place. The
above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
changes. This action will enhance the
ability for the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
Action
Date
FR Cite
NPRM
Final Action
07/20/98 63 FR 38767
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4030
Agency Contact: Clifford Tyree,
Environmental Protection Agency, Air
and Radiation, AAVP, Ann Arbor, MI
48105
Phone: 734 214-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AH52
3242. NESHAP: FOR SOURCE
CATEGORY: PULP AND PAPER
PRODUCTION; AMENDMENTS TO THE
PROMULGATED RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.440 to 63.459
(Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to clarify sections of the promulgated
pulp and paper industry maximum
achievable control technology (MACT)
standards where commenters have
indicated that the wording is confusing
or changes are needed. This action will
also correct any typographical errors
noted. This action will contain
guidance and amended rule language.
Timetable:
Action
Date
FR Cite
Final Rule 09/16/98 63 FR 49455
Interpretations and
technical
amendment
Direct Final Rule 12/28/98 63 FR 71385
Amendment
NPRM Amendment 12/28/98 63 FR 71408
Final Action 04/12/99 64 FR 17555
Interpretations and
technical
amendment
NPRM Proposed rule 01/25/00 65 FR 3907
amendments and
notice of public
hearing
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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Federal Register/Vol, 65, No. 79/Monday, April 24, 2000/Unified Agenda
23491
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 4123 Timetable:
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH74
3243. NESHAP: ORGANIC
HAZARDOUS AIR POLLUTANTS
FROM THE SYNTHETIC ORGANIC
CHEMICAL INDUSTRY (SOCMI) &
OTHER PROCESSES SUBJECT TO
THE NEGOTIATED REGULATION FOR
EQUIPMENT LEAKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.100 to 63.152
Legal Deadline: None
Abstract: The actions will amend the
HON that was first promulgated on
April 22, 1994, to clarify applicability
of process vent requirements. The
changes to the rule will clarify the
EPA's intent regarding the meaning of
the term process vent and address the
way these provisions are to be
implemented through the permit rule.
The need for this action became
apparent recently when it was learned
that industry was interpreting the
definition more narrowly than we
intended, and thus, not identifying all
process vents subject to the HON.
These amendments will clarify the rule
to ensure consistent interpretations of
the term process vent while preserving
the intended applicability of the
requirements. These clarifications will
not increase or lower or otherwise
affect emissions or environmental
protection. Additionally, the actions
may clarify additional sections of the
HON and correct any typographical
errors noted. These actions may contain
guidance as well as amended rule
language.
Action
Date FR Cite
NPRM 01/20/00 65 FR 3169
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4103
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Jan Meyer, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5254
Fax: 919 541-5689
Email: meyer.jan@epa.gov
RIN: 2060-AH81
3244. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION ON THE 610
NONESSENTIAL PRODUCTS BAN
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-767l(q)
CFR Citation: 40 CFR 82(C)
Legal Deadline: None
Abstract: This action would propose to
extend the current class I and class II
bans on the sale and distribution of
nonessential uses of ozone-depleting
substances where sufficient substitutes
are already readily available. As part
of the initial 1993 rulemaking, EPA
banned the use of ozone-depleting
substances in aerosols, pressurized
dispensers, and foams where
substitutes were available. Since that
rulemaking was issued, the phaseout of
production and consumption of class I
substances has become effective and
the Significant New Alternatives Policy
(SNAP) Program under section 612 has
been promulgated. The phaseout of
newly manufactured class I substances
and the identification of new
acceptable substitutes for both class I
and class II applications provide
compelling reasons to reconsider the
initial decisions regarding both
product-specific exemptions and the
decision to limit the ban's effect on
major sectors that traditionally used
ozone-depleting substances. Most
domestic manufacturers have already
incorporated the non-ozone-depleting
substances in their products. The
continued availability and use of
ozone-depleting substances in parts and
products manufactured abroad, which
are sold or incorporated into larger
products that are then sold into
interstate commerce in the United
States, negatively affects the
competitiveness of domestic
manufacturers who use substitute
substances in their production.
Therefore, it is appropriate to
reconsider the applicability of the class
I ban to both specific products and
product categories. Amending these
requirements would limit the potential
use of ozone-depleting substances in
applications where substitutes are
available and thus, further protect the
stratospheric ozone layer.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/14/99 64 FR 21772
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4077
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9729
Fax: 202 565-2095
Email: newberg.cindy@epa.gov
RIN: 2060-AH99
3245. OPTIONAL CERTIFICATION
STREAMLINING PROCEDURES FOR
LDVS, LDTS, AND HDES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities that
meet Clean-Fuel Vehicle requirements.
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23492
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM 07/20/98 63 FR 38767
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4165
Agency Contact: Clifford Tyree,
Environmental Protection Agency, Air
and Radiation, AAVP, Ann Arbor, MI
48105
Phone: 734 214-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AI15
3246. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: The definition of VOC is
proposed to be revised to add tertiary
butyl acetate to the list of negligibly
reactive compounds. This is a
deregulatory action that will remove
tertiary butyl acetate from the necessity
to be controlled as a VOC in SIPs for
attaining the ozone standard. This is
not expected to have a significant
impact on small businesses or local
governments.
Timetable:
Action
Date
FR Cite
NPRM 09/30/99 64 FR 52731
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4254
Agency Contact: Diane McConkey,
Environmental Protection Agency, Air
and Radiation, 7426GG, Washington,
DC 20460
Phone: 202 564-5588
Fax: 202 564-5603
Email: mcconkey.diane@epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
RIN: 2060-AI45
3247. ADDITIONAL FLEXIBILITY
AMENDMENTS TO INSPECTION
MAINTENANCE PROGRAM
REQUIREMENTS; AMENDMENTS TO
THE FINAL RULE
Priority: Substantive, Nonsignificant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR part 51
Legal Deadline: Other, Statutory,
August 13, 1999, Must be published by
8/13/99 to avoid application of 2:1
offset sanctions in Louisiana.
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
responsibility for Inspection and
Maintenance programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments to the Clean Air
Act set forth standards for
implementation of the I/M programs.
EPA is proposing several minor
substantive amendments and revisions
to the I/M requirements published on
November 5, 1992 (40 CFR part 51,
subpart S. EPA believes these
amendments and revisions are
necessary to bring existing rule up-to-
date with current technological
developments, policy decisions and
statutory requirements, also providing
states additional flexibility to tailor
their Inspection and Maintenance
programs to meet future needs. Among
these future needs are: The need to
accommodate an aging fleet that is
rapidly turning over to newer, cleaner,
and more durable vehicle technologies;
the desire to maximize program
efficiency and customer convenience by
capitalizing on newer vehicle testing
options such as on-board diagnostic
(OBD) system testing; and the need to
assess the role of I/M programs in areas
that will attain the one-hour National
Ambient Air Quality Standards
(NAAQS) and begin to look at how to
attain, or maintain, the new, eight-hour
NAAQS. These amendments are
authorized by the CAA provisions that
EPA's guidance for such programs be
"from time to time revised" and are
also in response to the 1995 National
Highway System Designation Act's I/M
provisions. It is important to note that
this action will not increase the
existing burden on states; the proposed
changes represent an opportunity for
states to take advantage of additional
options and flexibilities. Furthermore,
states are under no obligation, legal or
otherwise, to modify existing plans
meeting the previously applicable
requirements as a result of this action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/06/99 64 FR 55195
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4295
Agency Contact: David Sosnowski,
Environmental Protection Agency, Air
and Radiation, RSPD, Ann Arbor, MI
48105
Phone: 734 214-4823
Fax: 734 214-4052
Email: sosnowski.david@epa.gov
RIN: 2060-AI61
3248. NESHAP: PHOSPHATE
FERTILIZERS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1997, Clean Air Act
Amendments of 1990.
Abstract: EPA is required to publish
an initial list of all categories of major
and area sources of the hazardous air
pollutants (HAPs) listed in section
112(b) of the CAAA and, to establish
dates for the promulgation of emission
standards for each of the listed
categories of HAP emission sources and
develop emission standards for each
source of HAPs so that the schedule
is met. The standards are to be
technology-based and are to require the
maximum degree of emission reduction
determined to be achievable by the
Administrator. The Agency has
determined that the phosphate fertilizer
production industry emits several of
the 189 HAPs listed in section 112(b)
of the CAAA. The purpose of this
action is to pursue a regulatory
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23493
EPA—Clean Air Act (CAA)
Final Rule Stage
12/27/96 61 FR 68430
05/00/00
development program that would
ensure that emission standards may be
proposed and promulgated for this
industry.
Timetable:
Action Date FR Cite
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3304
Agency Contact: Ken Durkee,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5425
Fax: 919 541-5600
Email: durkee.ken@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AE44
3249. NESHAP: PRIMARY COPPER
SMELTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The primary copper smelting
industry is known to emit a number
of the hazardous air pollutants listed
in section 112 of the Clean Air Act.
The industry is comprised of seven
smelters located in four states. All have
extensive control systems for oxides of
sulfur and HAPs. However, fugitive
emissions may cause several smelters
to exceed major source levels.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/20/98 63 FR 19582
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3340
Agency Contact: Eugene Grumpier,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.eugene@epa.gov
Al Verveart, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE46
3250. NESHAP: SECONDARY
ALUMINUM INDUSTRY
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 1999.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the Act, to
publish a schedule establishing a date
for the promulgation of emission
standards for each of the listed
categories of HAP emission sources,
and develop emission standards for
each source of HAPs such that the
schedule is met. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The Agency has
determined that the secondary
aluminum industry may reasonably be
anticipated to emit several of the 188
HAPs listed in section 112(b) of the
Act. As a consequence, the source
category is included on the initial list
of HAP emitting categories and is on
the list of categories scheduled for
standards promulgation within seven
years of enactment of the Act. The
purpose of this action is to pursue a
regulatory development program that
would help to ensure that emission
standards may be promulgated.
Emission standards for this category
were proposed on February 11, 1999.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/11/99 64 FR 6946
04/00/00
Small Entities Affected: Businesses
Government Levels Affected: Local,
Tribal, State
Additional Information: SAN No. 3078
Sectors Affected: 331314 Secondary
Smelting and Alloying of Aluminum
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AE77
3251. NESHAP: MANUFACTURING OF
NUTRITIONAL YEAST
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act requires major sources of hazardous
air pollutants to achieve emission
reduction based on the maximum
achievable control technology (MACT).
This regulatory action will establish
this level of control for both new and
existing sources in the nutritional yeast
manufacturing industry. This industry
is currently comprised of 10 sources of
5 different manufacturers located in 8
different states. The only known HAP
emission from this source is
acetaldehyde. It is produced as a by-
product during the fermentation
process. The proposed regulatory
options set maximum emission limits
of acetaldehyde, which will be
achievable by improved process control
to reduce formation of this by-product.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/10/98 63 FR 55812
12/00/00
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
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23494
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3550
Sectors Affected: 311999 All Other
Miscellaneous Food Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AF30
3252. REVISIONS TO THE
REGULATION FOR APPROVAL OF
STATE PROGRAMS AND
DELEGATION OF FEDERAL
AUTHORITIES 112(L)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7412 CAA Sec
112(1)
CFR Citation: 40 CFR 63(E)
Legal Deadline: None
Abstract: Guidance in the form of
rulemaking is being developed in
accordance with the requirements of
section 112(1) of the Clean Air Act
Amendments of 1990 for the approval
of State air toxic programs and the
delegation of Federal authorities to the
States for the implementation and
enforcement of section 112 emission
standards and other requirements. This
regulatory document will provide some
flexibility to States in the following
areas: minimum requirements for EPA
approval of State air toxics regulations
that are equivalent to or more stringent
than the Federal standards and
minimum requirements for EPA
approval of State air toxics programs
that are equivalent to or more stringent
than the Federal program. Specific
issues that will be addressed include:
alternative work practice standards;
alternative monitoring, recordkeeping,
and reporting; alternative test method
approval process; equivalency by
permits; and mechanisms and
requirements for approval of State air
toxics programs. Additionally, the
Partial Approval and Delegable
Authorities rulemakings will be added
to this rulemaking. The Partial
Approval language will provide
flexibility to States by allowing States
to accept delegation of parts of
standards. This will allow them to
implement and enforce these provisions
on a smaller scale. The delegable
authorities rulemaking will clarify what
authorities EPA has delegated to States
when the part 63, subpart A, general
provisions have been delegated.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/12/99 64 FR 1880
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3829
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-0102
TDD Phone: 010 541-5602
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
Tom Driscoll, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5509
Email: driscoll.tom@epa.gov
RIN: 2060-AG60
3253. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS AND GROUP
IV POLYMERS AND RESINS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned.
Subsequently, six litigants have
petitioned for review of the elastomers
and thermoplastics regulations. Four
companies have petitioned EPA to
reconsider specific provisions in the
thermoplastics regulation. Revisions
will be proposed to parallel HON
changes and to resolve petitioners'
issues. There are no impacts
anticipated for small businesses or
State/local/tribal governments.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
11/25/96
03/09/99
04/00/00
61 FR 59849
64 FR 11559
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
Bob Rosensteel, Environmental
Protection Agency, Air and Radiation,
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23495
EPA—Clean Air Act (CAA)
Final Rule Stage
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
RIN: 2060-AH47
3254. NESHAP: OIL AND NATURAL
GAS PRODUCTION AND NESHAP:
NATURAL GAS TRANSMISSION AND
STORAGE, AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Hazardous air pollutants
(HAPs) known to be emitted from oil
and gas production, storage, and
transmission facilities include benzene,
toluene, ethyl benzene, and xylene
isomers (collectively referred to as
BTEX), along with 2,2,4-
trimethylpentane and n-hexane.
Potential HAP emission sources are
glycol dehydrator reboilers (stand-alone
and co-located); condensate storage
vessels; and equipment leaks at natural
gas processing plants. The original
NESHAP rule for these sources was
promulgated on June 17, 1999, at 64
FR 32609. This action will amend that
rule.
Timetable:
Action
Date FR Cite
Final Amendment
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4162
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AI13
3255. NEW SOURCE PERFORMANCE
STANDARDS AND EMISSION
GUIDELINES FOR COMMERCIAL AND
INDUSTRIAL SOLID WASTE
INCINERATION UNITS
Priority: Other Significant
Legal Authority: CAA sec 129
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 15, 1999.
Final, Judicial, November 15, 2000.
Abstract: Section 129 of the Clean Air
Act Amendments requires the Agency
to finalize New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for Commercial and
Industrial Solid Waste Incinerators
(CISWIs). Negotiations have been
completed with the litigants to grant an
extension to the Agency. The Agency
has agreed to propose standards by
November 1999, and promulgate
standards by November 2000.
Timetable:
Action Date FR Cite
11/15/99 64 FR 67092
11/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3613
Agency Contact: Richard Grume,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5294
Fax: 919 541-5450
Email: crume.rick@epa.gov
Fred Porter, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
RIN: 2060-AF91
3256. TRANSPORTATION
CONFORMITY AMENDMENT:
DELETION OF GRACE PERIOD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 93.102(d)
Legal Deadline: Final, Judicial,
December 31, 1999.
Abstract: This action would delete a
provision of the transportation
conformity rule that was overturned by
the U.S. Court of Appeals. In 1995, EPA
amended the conformity rule so that
new nonattainment areas would have
a one-year grace period before
transportation conformity began
applying. In 1997, the court overturned
this grace period. This action would
formally delete the provision from the
transportation conformity rule in
compliance with the court ruling. In
addition, this action will discuss some
issues that we raised in a Petition for
Reconsideration of the original
transportation conformity rule
(finalized November 24, 1993). This
action would not change the conformity
rule in response to these issues. EPA
is required by court settlement to
finalize this action by December 31,
1999. EPA entered into settlement in
1998 in response to litigation by the
Environmental Defense Fund. This
action will have no practical impact for
areas that are subject to conformity,
because the provision that will be
deleted was overturned—and therefore
has not been implemented—since 1997.
Transportation conformity is a Clean
Air Act requirement for transportation
plans, programs, and projects to
conform to state air quality plans.
Conformity to a state air quality plan
means that transportation activities will
not produce new air quality violations,
worsen existing violations, or delay
timely attainment of the national
ambient air quality standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/30/99 64 FR 66832
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4352
Agency Contact: Kathryn Sargeant,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4441
Fax: 734 214-4052
Email:
sargeant.kathryn@epamail.epa.gov
RIN: 2060-AI76
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23496
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3257. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 CAA sec
203; 42 USC 7525 CAA sec 206; 42
USC 7541 CAA sec 207; 42 USC 7542
CAA sec 208; 42 USC 7601 CAA sec
301; 42 USC 7522 CAA sec 203; 42
USC 7550 CAA sec 216; 42 USC 7601
CAA sec 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the U.S. of
vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: 1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the U.S., 2)
establishing new emission standards
applicable to imported nonconforming
vehicles, 3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements, and 4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2665
Agency Contact: Len Lazarus,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 564-9281
RIN: 2060-AI03
3258. NONROAD SPARK-IGNITION
ENGINES AT OR BELOW 19
KILOWATTS (25 HORSEPOWER)
(PHASE 2)
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7547, CAA
sec 213
CFR Citation: 40 CFR 90
Legal Deadline: Final, Statutory, March
l, 2000.
Abstract: This action will establish the
second phase of emissions standards
for new nonroad spark-ignition engines
at or below 19 kilowatts (25
horsepower), as required by section
213(a)(3) of the Clean Air Act, as
amended. The Environmental
Protection Agency (EPA) had been
developing the second phase of small-
engine regulations through a negotiated
rulemaking, with representation by
engine manufacturers, equipment
manufacturers, emissions control
manufacturers, equipment dealers,
environment and public health
interests, and State air programs. The
negotiations came to an end on
February 16, 1996 with no consensus
reached. EPA will now develop the
rulemaking through other means. EPA
will now develop the rulemaking
through other means.
The affected engines are used in lawn,
garden, and utility equipment, such as
lawnmowers, string trimmers, chain
saws, and small pumps and generators.
The first phase was established July 3,
1995 (60 FR 34582), effective for the
1997 model year, and was very similar
to the tier 1 small-engine regulations
developed by California for the same
engines. Regulated pollutants are
hydrocarbons, carbon monoxide, and
oxides of nitrogen.
Timetable:
Action
Date
FR Cite
03/27/97 62 FR 14740
01/27/98 63 FR 3950
ANPRM
NPRM Hand-held
engines
NPRM Non-hand-held 01/27/98 63 FR 3950
engines
Final Action Non- 03/30/99 64 FR 15207
hand-held engines
Final Action Hand-held 04/00/00
engines
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3361
Agency Contact: Phil Carlson,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 241-4270
RIN: 2060-AE29
3259. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CAA sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This rule will amend the
recordkeeping aspects of the technician
certification program, clarify aspects of
a sales restriction, and adopt an
updated version of ARI standard 740.
The rule will also clarify the distinction
between major and non-major repairs
and amend several definitions
including small appliances. The rule
also addresses the transfers of
unreclaimed refrigerant between
majority-owned and majority-controlled
subsidiaries.
Timetable:
Action
Date FR Cite
NPRM1
NPRM
Final Action
02/29/96
11/01/96
06/00/00
61 FR 7858
61 FR 56493
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3556
Additional SANs 3895, 3896. This rule
will address a potential adoption of a
more flexible method for cleaning
refrigerants for refrigerant transferred
between appliances with different
ownership with a potential adoption of
a 3rd party certification program for
labs.
Agency Contact: Michael Forlini,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9475
Fax: 202 564-9665
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23497
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: forlini.michael@epa.gov
RIN: 2060-AF36
3260. PROTECTION OF
STRATOSPHERIC OZONE:
REFRIGERANT RECYCLING RULE
AMENDMENT TO INCLUDE
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
42 USC 7671{g) CAA sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This action would facilitate
fulfillment of the statutory mandate to
apply the venting prohibition to
substitute refrigerants. The action
would provide regulations covering
recovery/recycling equipment,
recovery/recycling practices, and
applicable certifications that would be
required to accomplish compliance
with the venting prohibition.
Requirements would parallel those of
the current section 608 regulations,
expanding applicability, where
appropriate, to substitute refrigerants.
Timetable:
Action
Date
FR Cite
NPRM 06/11/98 63 FR 32044
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3560
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
RIN: 2060-AF37
3261. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671(k) CAA sec 612
CFR Citation: 40 CFR 82; 40 CFR 9
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Unlike acceptable
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Timetable:
Action
ANPRM
NPRM
Final Rule
Notice 1
NPRM1
Notice 2
Final Rule 1
Notice 3
NPRM 2
Notice 4
Final Rule 2
NPRM 3
Notice 5
Final Rule 3
NPRM 4
Notice 6
Notice 7
NPRM 5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
Final Rule 5
NPRM 6
Notice 10
Final Rule 6
ANPRM 9
Notice 1 1
NPRM 9
Final Rule 9
NPRM 10
Date FR Cite
01/16/92 57 FR 1984
05/12/93 58 FR 28094
03/18/94 59 FR 13044
08/26/94 59 FR 44240
09/26/94 59 FR 491 08
01/13/95 60 FR 3318
06/13/95 60 FR 31 092
07/28/95 60 FR 38729
10/02/95 60 FR 51 383
02/08/96 61 FR 4736
05/22/96 61 FR 25585
05/22/96 61 FR 25604
09/05/96 61 FR 470 12
10/16/96 61 FR 54030
05/21/97 62 FR 27874
03/10/97 62 FR 10700
06/03/97 62 FR 30275
02/03/98 63 FR 5491
02/24/98 63 FR 91 51
05/22/98 63 FR 28251
01/26/99 64 FR 3861
01/26/99 64 FR 3865
04/28/99 64 FR 22981
02/18/99 64 FR 8038
06/08/99 64 FR 30410
04/00/00
02/18/99 64 FR 8043
12/06/99 64 FR 68039
05/00/00
01/00/01
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3525
(Generic SAN)
Agency Contact: Kelly Davis,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2303
Fax: 202 565-2096
RIN: 2060-AG12
3262. REDEFINITION OF GLYCOL
ETHERS LISTED AS HAPS UNDER
THE CLEAN AIR ACT, AND
HAZARDOUS SUBSTANCES UNDER
CERCLA
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 7401 et seq; 42 USC
9602; 42 USC 9603; 42 USC 9604
CFR Citation: 40 CFR 63 (Revision); 40
CFR 302 (Revision)
Legal Deadline: None
Abstract: The proposed action will
redefine the glycol ethers category of
hazardous air pollutants (HAPs)
regulated under the Clean Air Act and
hazardous substances under the
Comprehensive Emergency Response,
Compensation, and Liability Act. The
new definition will omit specific
compounds of high molecular weight
used as surfactants by the soap and
detergent industry. These compounds
have low volatility, so only minor
amounts are emitted during
manufacture and use of soaps and
detergents. The compounds also have
low toxicity, so the small amounts that
are released are extremely unlikely to
cause any harm to health or the
environment. The proposal will reduce
the burden of environmental
regulations on soap and detergent
manufacturers, and will have no
adverse environmental impact.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/12/99 64 FR 1780
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4159
Development, implementation, and
enforcement of emission standards by
Federal and State government for the
soap and detergent industry will be
somewhat simplified by the omission
of compounds of high molecular weight
and low volatility.
Sectors Affected: 325611 Soap and
Other Detergent Manufacturing
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23498
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Dr. Roy L. Smith,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5362
Fax: 919 541-0237
Email: smith.roy@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.dave@epa.gov
RIN: 2060-AI08
3263. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM 2004 AND
LATER MODEL YEAR HEAVY-DUTY
HIGHWAY ENGINES AND VEHICLES;
REVISION OF LIGHT-DUTY TRUCK
DEFINITION
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7601;
42 USC 7521
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will focus on the
emission standards and related
requirements for control of air pollution
from 2004 and later model year
highway heavy-duty engines. It will
include an assessment of the feasibility
of the requirements for these engines
promulgated in 1997 plus further
consideration of a number of issues left
open in the rule including potential
diesel fuel changes, diesel particulate
control, and other initiatives to control
emissions in use.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/29/99 64 FR 58472
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4043
Agency Contact: Glenn W. Passavant,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 734 214-4408
Email:
passavant.glenn@epamail.epa.gov
Christopher Lieske, Environmental
Protection Agency, Air and Radiation,
EPCD, Ann Arbor, MI 48105
Phone: 313 668-4584
Fax: 313 741-7816
Email:
lieske.christopher@epamail.epa.gov
RIN: 2060-AI12
3264. HOSPITAL/MEDICAL/
INFECTIOUS WASTE
INCINERATORS—FEDERAL PLAN
(FEDERAL PLAN FOR EXISTING
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7601 CAA sec
301(a)(d); 42 USC 7411 CAA sec 111;
42 USC 7509 CAA sec 129
CFR Citation: 40 CFR 60.27
Legal Deadline: Final, Statutory,
September 30, 1999, CAA Section
129(b)(3).
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines for existing
incinerators combusting hospital waste,
medical waste, and infectious waste
under sections 111 and 129. On
9/15/97, the EPA promulgated emission
guidelines for
Hospital/Medical/Infectious Waste
Incinerators (HMIWI) under the
authority of section lll(d) and section
129 of the Clean Air Act (see 62 FR
48348). This action is a follow-on
activity to the 1997 HMIWI rulemaking
which applies to existing HMIWI. In
accordance with section 129, States
with affected sources must submit a
State Plan by 9/15/98 describing how
the State will implement the emission
guidelines for existing HMIWI. In this
proposed HMIWI Federal Plan
rulemaking, EPA becomes the
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, EPA is proposing
a plan that applies to HMIWI in any
State, tribe or locale that has not
submitted an approvable plan within
the time allotted. This action makes no
changes to the requirements in the 1997
rule, and is intended to fulfill EPA's
duty under section 129(b)(3) to
promulgate a Federal Plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, the
Federal Plan will no longer apply to
units in that State.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/06/99 64 FR 36425
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4219
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
RIN: 2060-AI25
3265. NESHAP: CHEMICAL
RECOVERY COMBUSTION SOURCES
AT KRAFT, SODA, SULFITE AND
STAND ALONE SEMICHEMICAL PULP
MILLS
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7601 CAAA
sec 301; 33 USC 1314 CWA sec 304;
33 USC 1316 CWA sec 306-308; 33
USC 1317; 42 USC 7412 CAAA sec 112;
42 USC 7414 CAAA sec 114; 33 USC
1318; 33 USC 1311 CWA sec 301; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 430; 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act (CAA)
Amendments of 1990 direct the
Environmental Protection Agency (EPA)
to set National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
new and existing sources under section
112 and to base these standards on
maximum achievable control
technology (MACT). The Clean Water
Act (CWA) directs EPA to develop
effluent guidelines for certain categories
and classes of point sources. These
guidelines are used for setting
discharge limits for specific facilities
that discharge to surface waters or
municipal sewage treatment systems.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23499
EPA—Clean Air Act (CAA)
Final Rule Stage
On April 15, 1998, the EPA
promulgated an integrated regulation
for the pulp and paper industry that
includes both effluent guidelines and
air emission standards to control the
release of pollutants to both the water
and the air. At the same time, the EPA
proposed MACT standards for the
chemical recovery combustion sources.
The regulations were developed jointly
to provide greater protection to human
health and the environment, to promote
the concept of pollution prevention,
and to enable the industry to more
effectively plan compliance via a
multimedia approach. Next steps will
be to issue final standards for chemical
recovery combustion sources.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
04/15/98 63 FR 18753
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4240
(Air), SAN No. 2712 (Water), SAN No.
4050 (Water Phase II),
ADDITIONAL AGENCY CONTACT: Jeff
Telander (NESHAP Phase II -
Combustion Sources)
ADDITIONAL AGENCY CONTACT:
Elaine Manning (NESHAP Phase III -
Nonchemical and other Pulp and Paper
Mills)
See also RIN 2040-AB53
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AI34
3266. STANDARDS AND GUIDELINES
FOR SMALL MUNICIPAL WASTE
COMBUSTION UNITS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 direct the
Environmental Protection Agency (EPA)
to set standards of performance and
emission guidelines for new and
existing municipal waste combustors
under Sections 111 and 129; to base
these standards and guidelines on
maximum achievable control
technology; and to include emission
limits for particulate matter, sulfur
dioxide, hydrogen chloride, oxides of
nitrogen, carbon monoxide, mercury,
lead, cadmium, and dioxins and
dibenzofurans. The standards for large
municipal waste combustors were
adopted in 1995. This rule would
establish standards for small MWC
units.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/30/99 64 FR 47233
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 4243
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5264
Email: stevenson.walt@epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AI51
3267. NATIONAL EMISSION
STANDARDS FOR BENZENE
EMISSIONS FROM COKE BY-
PRODUCT RECOVERY PLANTS (PART
61.SUBPARTL)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Coke by-product plants are
designed to separate and recover coal
tar derivatives (by-products) that evolve
from coal during the coking process of
a coke oven battery. We plan to remove
this source category from the list
pursuant to our discretion under
112(c)(4) previously regulated
categories.
Timetable:
Action
Date FR Cite
Final Action
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4286
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Lula Melton, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
RIN: 2060-AI65
3268. TECHNICAL AMENDMENT TO
THE FINDING OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR CERTAIN STATES FOR
PURPOSES OF REDUCING REGIONAL
TRANSPORT OF OZONE (THE NOX
SIP CALL RULE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(D);
42 USC 7410(k)(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: This rule will amend the
final NOx SIP call rule promulgated on
October 27, 1998. That rule set NOx
emission budgets for a number of
eastern and midwestern states in order
to reduce overall NOx emissions that
contribute to smog in the eastern half
of the country. This amendment is a
technical adjustment to some of the
emission budgets promulgated in that
rule.
Timetable:
Action
Date
FR Cite
Final Tech. Amend. 04/00/00
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23500
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4282
Federal, State and local governments
are affected by the final NOx SIP call.
However, this technical amendment
will not affect those governments in
and of itself.
Legal Deadline: Statutory Other — EPA
is under active litigation for the SIP
call. In addition, the SIPs submittal due
date of 9/30/99 was stayed until further
order by the court. The States still need
the revised budgets for planning &
public hearing purposes.
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
Greg Stella, Environmental Protection
Agency, Air and Radiation, Research
Triangle Park, NC 27711
Phone: 919 541-3649
Fax: 919 541-0684
Email: stella.greg@epa.gov
RIN: 2060-AI71
3269. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF 2000 ESSENTIAL-
USE ALLOWANCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767l-7671(q);
42 USC 7601; 42 USC 7414
CFR Citation: 40 CFR 82
Legal Deadline: Final, Statutory,
January 1, 2000, Publish allocations for
year 2000 in Federal Register.
Abstract: This proposed rule will set
essential-use allowances for 2000 under
the Montreal Protocol on Substances
that Deplete the Ozone Layer (Protocol).
Essential-use allowances permit a
person to obtain controlled ozone-
depleting substances, such as
chloroflourocarbons (CFCs), as an
exemption to the January 1, 1996
regulatory phaseout of production and
import. Essential-use allowances are
allocated to a person for exempted
production or importation of a specific
quantity of a controlled substance
solely for the designated essential
purpose.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/02/99 64 FR 59141
04/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4318
Sectors Affected: 927 Space Research
and Technology; 325412
Pharmaceutical Preparation
Manufacturing
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AI73
3270. AMENDMENTS TO THE
AEROSPACE MANUFACTURING AND
REWORK FACILITIES NESHAP FOR
THE HAP AND VOC CONTENT LIMITS
FOR PRIMER OPERATIONS AND
STAY OF COMPLIANCE.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.745(c)(l)-(2)
Legal Deadline: None
Abstract: This rule was promulgated
on September 1, 1995 with an initial
compliance date of September 1, 1998.
EPA granted compliance extensions;
however these extensions will expire
September 1, 1999. This proposal
would stay the compliance date of the
substantive and associated compliance
assurance requirements for the organic
HAP content and VOC content levels
for primer applications operations. This
proposed stay would remain in effect
until the date we amend the rule, at
which point we would publish new
compliance dates for these
requirements. Based on recent
information submitted to the us by one
of the commercial aircraft
manufacturers, expressing significant
technical concerns about the ability to
achieve the primer coating content
standard for commercial exterior
primers, we are proposing amendments
to the Aerospace National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) that will change the organic
HAP and VOC level content standard
related to the use of commercial
exterior primers.
Timetable:
Action
Date FR Cite
01/24/00 65 FR 3642
06/00/00
NPRM Amendment
Final Rule
Amendment
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4353
Sectors Affected: 336411 Aircraft
Manufacturing
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5340
Fax: 919 541-0942
Email: pagan.jaime@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI77
3271. SOURCE SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
NPRM
Notice
Final Action
Date
09/08/99
01/26/00
09/00/00
FR Cite
64 FR 48725
65 FR 4244
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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23501
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: None
Additional Information: SAN No. 4315
Agency Contact: Colleen McKaughan,
Environmental Protection Agency, Air
and Radiation
Phone: 520 498-0118
Douglas McDaniel, Environmental
Protection Agency, Air and Radiation,
RegionOQ, San Francisco, CA 94105-
3901
Phone: 415 744-1246
RIN: 2060-AI79
3272. REVISION TO NOX SIP CALL
EMISSION BUDGETS FOR
CONNECTICUT, MASSACHUSETTS
AND RHODE ISLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74lo(k)(5); 42
USC 7410(a)(2)(D)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: On October 27, 1998, EPA
published a final rule (the "OTAG SIP
Call") making a finding of significant
contribution and assigning statewide
NOx emission budgets to 22 States and
the District of Columbia for purposes
of reducing regional transport of ozone
and its precursor, NOx. Subsequent to
the promulgation of the SIP call, EPA
and the States of Connecticut,
Massachusetts and Rhode Island signed
a memorandum of understanding that
obligated EPA to propose to redistribute
the budgets assigned to the three States
in a different way. This action carries
out that obligation. This redistribution
will not lead to an increase in the
overall budget for the three States.
Timetable:
Action
Date
FR Cite
Direct Final Action
Direct Final Rule
Withdraw Dir. Final
Final Action
09/15/99 64 FR 49987
11/01/99 64 FR 58792
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4276
Agency Contact: Kevin Culligan,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 564-9172
Email: culligan.kevin@epa.gov
Kathryn Petrillo, Environmental
Protection Agency, Air and Radiation,
6204J, Washington, DC 20460
Phone: 202 564-9093
Fax: 202 565-2141
Email: petrillo.kathryn@epa.gov
RIN: 2060-AI80
3273. AMENDMENT TO NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
HALOGENATED SOLVENT CLEANING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.468(j)
Legal Deadline: None
Abstract: This amendment to the
halogenated solvent cleaning NESHAP
would permanently exempt batch cold
solvent cleaning machines that use
halogenated solvent from the Part 71
Federal operating permit program and
would defer Part 71 operating permit
requirements until December 9, 1999
for all other non-major halogenated
solvent cleaning machines. States are
already authorized to exempt/defer
such sources from their Part 70
operating permit requirements. Without
this amendment, non-major
halogenated cleaning machines would
have to obtain a Part 71 Federal
operating permit in areas that do not
have Part 70 programs in place. For
example, EPA believes that numerous
sources located in Indian country
would need to submit permit
applications by March 2000 and obtain
title V permits, absent this rulemaking.
This amendment is an administrative
action and would have no impact on
the enforcement and implementation of
the NESHAP itself. There are no
compliance costs associated with this
action. This action relieves sources of
regulatory requirements under the title
V program.
Timetable:
Action
NPRM
Direct Final Rule
Dir Final Withdrawn
Final Rule
Date
07/13/99
07/13/99
10/18/99
06/00/00
FR Cite
64 FR 37734
64 FR 37683
64 FR 561 73
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4275
Agency Contact: Candace Carraway,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-3189
Fax: 919 541-5509
Email: carraway.candace@epa.gov
RIN: 2060-AI91
3274. REVISION TO METHOD 24 FOR
ELECTRICAL INSULATING
VARNISHES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to revise Method 24 to allow the use
of American Society for Testing and
Materials' Method D6053-96 to measure
the volatile organic content of electrical
insulating varnishes. Method 24 as
currently written is not applicable to
these types of coatings. This action will
ensure consistency in testing these
coatings for determining compliance
with current regulations. We do not
anticipate any impact on small business
or State/local/Tribal governments.
Timetable:
Action
Date
FR Cite
Direct Final Rule
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4299
Agency Contact: Bill Lamason,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5374
Fax: 919 541-1039
Candace B. Sorrell, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov
RIN: 2060-AI94
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3275. • AMENDMENTS TO STATE
AND FEDERAL OPERATING PERMITS
PROGRAMS, PART 70 AND PART 71,
COMPLIANCE CERTIFICATION
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414a; 42
USC 7661-7661f
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Legal Deadline: Final, Statutory, June
30, 2000.
Abstract: Action is in response to the
October 29, 1999, United States Circuit
Court of Appeals decision to remand
to EPA part of the October 22, 1997,
Compliance Assurance Monitoring
rulemaking that included revisions to
parts 70 and 71 compliance
certification requirements. The Court
ruled that the compliance certification
must address whether the affected
facility has been in continuous or
intermittent compliance.
Timetable:
Action
Date FR Cite
Final Action 40 CFR 09/00/00
70 and 71
(Revisions)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4387
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, MD-19
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
Peter Westlin, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AJ04
3276. • DIRECT FINAL AMENDMENTS
TO THE POLYETHER POLYOLS
NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1420 to 1439
(Revision)
Legal Deadline: None
Abstract: This direct final notice
applies to the NESHAP for Polyether
Polyols Production issued as a final
rule on June 1,1999. This action will
correct cross referencing errors; clarify
storage vessel monitoring requirements,
batch process vent performance testing
conditions; make minor revisions;
correct printing errors in equations; and
reorganize reporting requirements to
make them clearer. The notice will also
add the control number assigned by
OMB under the Paperwork Reduction
Act for collection of information
required by this regulation. There will
be no cost or other impacts resulting
from this action since it only corrects
or clarifies the rule.
Timetable:
Action
Date FR Cite
Direct Final Rule 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4384
Sectors Affected: 325199 All Other
Basic Organic Chemical Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AJ10
3277. • EXTENDING OPERATING
PERMITS PROGRAM INTERIM
APPROVAL EXPIRATION DATES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR part 70
(Revision)
Legal Deadline: None
Abstract: This action extends until
June 1, 2002 all State and local
operating permits program interim
approvals. Currently all interim
approvals expire on June 1, 2000.
Revisions to correct deficiencies in
State operating permits program that
resulted in their being granted interim
approval are due 6 months prior to the
interim approval expiration date.
Program revisions are, therefore, due by
December 1, 1999. Permitting
authorities have expressed concern over
the resource burden of preparing and
submitting a program revision
addressing interim approval
deficiencies and then revising their
program again to address the upcoming
revisions to the part 70 operating
permits regulations. They have
requested the option of combining both
program revisions into one submittal,
thereby going through the regulatory
revision or legislative process only
once. The EPA recognizes that this
would reduce the resources required to
prepare program revisions and that the
savings in resources could be spent in
the early stages of permit issuance. The
provision for allowing States to
combine their program revisions was
included in the August 31, 1995 notice
which proposed revisions to part 70.
Due to delays in promulgating the part
70 revisions, the Agency has previously
extended interim approvals so they
would not expire before the part 70
revisions promulgation date. Expiration
of these interim approvals prior to the
part 70 revisions would deny those
permitting authorities the opportunity
to combine program revisions. It now
appears that the part 70 revisions will
not be promulgated until December
2001. In that all interim approvals will
expire before that date, the extension
of interim approvals until June 1, 2002
is necessary.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Rule
WithVDirect Final
Final Action
02/14/00 65 FR 7333
02/14/00 65 FR 7290
04/00/00
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4388
Agency Contact: Roger Powell,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
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23503
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5331
Fax: 919 541-5509
Email: powell.roger@eap.gov
RIN: 2060-AJ12
3278. • ELECTRIC ARC FURNACE
NSPS AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The EPA is reviewing the
continuous opacity monitoring
requirements in the 40 CFR 60 Subparts
AA and AAa based on a request made
by the affected industry. The existing
rules set an opacity limit from the
electric arc furnace stack of 3 percent.
Facilities with negative pressure
baghouses are also required to install
and operate a continuous opacity
monitoring system (COM3) for the
purpose of excess emissions reporting.
The industry has commented that the
potential error in COM3 readings
(which EPA estimates at 4 percent
opacity) leads to frequent false excess
emissions records (periods when the
COM reads greater than 3 percent when
actual opacity is less than 3 percent).
The industry has requested that the
EPA review the COMS requirements
considering the potential error of the
COMS, and how this information might
be used by the EPA and citizens groups
under the recent Credible Evidence
Rule promulgated by the EPA. The EPA
is reviewing the COMS requirements
and may revise or clarify the existing
NSPS requirements. The revisions, if
needed, are not expected to have any
environmental or economic impacts.
Timetable:
Action Date FR Cite
Direct Final Rule 06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4379
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
RIN: 2060-AJ13
3279. • PROTECTION OF
STRATOSPHERIC OZONE
ALLOCATION OF ESSENTIAL-USE
ALLOWANCES FOR CALENDAR YEAR
2000: LABORATORY ESSENTIAL USE
EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-767l(q)
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule will set essential-
use allowances for 2000 under the
Montreal Protocol on Substances that
Deplete the Ozone Layer (Protocol).
Essential-use allowances permit a
person to obtain controlled ozone-
depleting substances, such as
chloroflourocarbons (CFCs), as an
exemption to the January 1, 1996
regulatory phaseout of production and
import. Essential-use allowances are
allocated to a person for exempted
production or importation of a specific
quantity of a controlled substance
solely for the designated essential
purpose.
Timetable:
Action
NPRM
Interim Final Rule
Final Rule
Date FR Cite
11/02/99 64 FR 59141
01/06/00 65FR716
04/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4410
Split from RIN 2060-AI73.
Sectors Affected: 325412
Pharmaceutical Preparation
Manufacturing; 927 Space Research and
Technology
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ15
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Long-Term Actions
3280. IMPLEMENTATION OF OZONE
AND PARTICULATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS) AND
REGIONAL HAZE REGULATIONS
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Clean Air Act, title I
CFR Citation: 40 CFR 50; 40 CFR 51;
40 CFR 52; 40 CFR 81
Legal Deadline: None
Abstract: On July 18, 1997, EPA issued
new, updated air quality standards for
ozone (62 FR 38856) and particulate
matter (PM) (62 FR 38652). Pursuant
to President Clinton's implementation
strategy as outlined in a July 16, 1997
memorandum to EPA Administrator
Carol Browner, EPA had been
developing guidance and rules for
sensibly and cost-effectively meeting
the new standards. For ozone, the
implementation plan will emphasize a
regional, State-sponsored approach that
addresses the long-distance transport of
ozone. On October 27, 1998, EPA
published a final rule (sometimes
referred to as the NOx SIP Call) to
require broad regional emissions
reductions of NOx gases which
contribute to the formation of ozone (63
FR 57356, October 27, 1998). On
November 17, 1998, EPA made
available for comment proposed
implementation guidance on
implementing the revised ozone and
PM NAAQS and regional haze program.
On May 14, 1999, however, the U.S.
Court of Appeals for the D.C. Circuit
issued an opinion concerning the
revised ozone and particulate matter
NAAQS (American Trucking Assoc.,
Inc. et al. v. USEPA, No. 97-1440 (May
14, 1999)) in which the Court stated,
among other things, that the revised 8-
hour ozone standard "cannot be
enforced." The Court also vacated the
revised PM10 NAAQS and remanded
the PM2.5 NAAQS. On June 28, 1999,
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EPA—Clean Air Act (CAA)
Long-Term Actions
EPA requested a rehearing of the case
before the Court on three issues,
including enforcement of the 8-hour
standard. Until the appeals process is
exhausted, EPA does not intend to
issue final guidance for implementation
of the standards affected by the Court's
decision. In final rules promulgated on
June 5, 1998 (63 FR 31013), July 22,
1998 (63 FR 39432), and June 9, 1999
(64 FR 30911), EPA identified areas
that have air quality meeting the 1-hour
ozone standard and revoked that
standard for those areas.
Timetable:
Action
Date
FR Cite
ANPRM 12/13/96 61 FR 65764
Notice Proposed 12/13/96 61 FR 65752
Policy
NPRM Regional Haze 07/31/97 62 FR 41138
Notice Review 10/23/97 62 FR 55201
Schedule for PM2.5
Standard
NPRM NOx Regional 11/07/97 62 FR 60318
Strategy SIP Call
Supplemental NPRM 05/11/98 63 FR 25902
NOx SIP Call
Supplemental
NPRM
Final Rule NOx
Regional Strategy
SIP Call
Final Rule Areas
meeting 1-hour
ozone standard
Final Rule Additional
areas meeting 1-
hour ozone
standard
Draft Guidance 11/17/98 63 FR 65593
Implementation
Planning
Final Rule Additional 06/09/99 64 FR 30911
Areas Meeting 1 -
Hour Ozone
NAAQS: 96-98 Data
Final Rule Regional 07/01/99 64 FR 35713
Haze
Final Guidance On To Be Determined
hold pending court
action.
10/27/98 63 FR 57356
06/05/98 63 FR 31013
07/22/98 63 FR 39432
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3553
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AF34
3281. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 766l(a)(d)(3)
CFR Citation: 40 CFR 71.7
Legal Deadline: None
Abstract: The proposed regulatory
change would streamline permit
revisions procedures for stationary air
sources that are subject to the Federal
operating permits program.
The Agency does not anticipate any
significant impact on small businesses
and State/local/tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/02
04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3922
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AG92
3282. REVIEW OF MINOR NEW
SOURCES AND MODIFICATIONS IN
INDIAN COUNTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7410
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
and major stationary sources of air
pollution in Indian country. Pursuant
to the Tribal Air Rule, eligible Indian
Tribes may receive EPA authorization
to develop and implement such
programs. The Federal NSR permitting
programs would be effective throughout
Indian country and would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization, to manage such
programs. The proposed Federal minor
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, or (3) existing major
sources undergoing minor modification.
The proposed rule also would allow
new or existing stationary sources to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permit
program. The proposed Federal major
NSR rule would require sources in
nonattainment areas in Indian country
to obtain a permit prior to construction
if they are: (l) new major sources, or
(2) existing major sources undergoing
major modification. These rules would
not impose any mandates on Tribal
governments to implement NSR
permitting programs. Tribal
governments may be affected, however,
insofar as they own or operate sources
that must obtain a permit from the EPA
under the final Federal permitting
program regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/01
07/00/02
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23505
EPA—Clean Air Act (CAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975
Agency Contact: Michele Dubow,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-3803
Fax: 919 541-5509
Email: dubow.michele@epa.gov
Sara Terry, Environmental Protection
Agency, Air and Radiation, MD-11,
Research Triangle Park, NC 27711
Phone: 919 541-7576
Fax: 919 541-7925
Email: terry.sara@epa.gov
RIN: 2060-AH37
3283. RULEMAKING TO MODIFY THE
LIST OF SOURCE CATEGORIES
FROM WHICH FUGITIVE EMISSIONS
ARE CONSIDERED IN MAJOR
SOURCE DETERMINATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7602 CAA sec
302(j)
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This rulemaking will modify
the list of source categories for which
fugitive emissions are to be considered
in major source determinations under
the New Source Review (Prevention of
Significant Deterioration and
Nonattainment New Source Review)
and title V programs. As provided by
section 302(j) of the Act, EPA adopted
rules on August 7, 1980 that require,
for specific source categories, the
inclusion of fugitive emissions when
determining if a stationary source is a
major source. In its 1980 rulemaking,
EPA identified one such specific source
category as those stationary source
categories being regulated, as of August
7, 1980, under sections 111 or 112 of
the Clean Air Act. Moreover, EPA
indicated that at the time of any future
rulemaking proposing to regulate
additional categories of sources under
sections 111 or 112, the EPA would
conduct a parallel rulemaking under
section 302(j) to determine whether
fugitive emissions from sources within
these source categories needed to be
considered in determining whether the
sources were major stationary sources.
EPA did not conduct these parallel
rulemakings as intended and is now
conducting a rulemaking pursuant to
section 302(j) to address the source
categories which became subject to
section 111 and 112 standards after
August 7, 1980.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/01
06/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4045
Agency Contact: Joanna Swanson,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5282
Fax: 919 541-5509
Email: swanson.joanna@epa.gov
RIN: 2060-AH58
3284. NESHAP: TACONITE IRON ORE
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA
112; PL 91-190 sec 203
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The taconite iron ore
processing source category is comprised
of nine facilities operating in the
United States. Seven facilities are
located in Minnesota and two are
located in Michigan. The expected
sources of HAP emissions for this
source category include: fossil fuel
combustion sources, and possibly the
handling and transfer of mined ore
containing naturally occurring
inorganic compounds. Anticipated HAP
emissions released from these sources
primarily include: formaldehyde,
manganese, nickel, arsenic, and
chromium. The quantities of HAP
released are expected to exceed major
source levels.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4102
There are nine taconite processing
facilities in the U.S.; seven are located
in Minnesota and two are located in
Michigan. The MACT standard for this
industry group will be shared between
EPA and the State of Minnesota. State
regulations currently in place include
both air emissions limitations and
prohibition of effluent discharge to
Great Lakes waters, and both air and
water monitoring requirements. Other
existing Federal regulations may be
affected under RCRA and TSCA.
Sectors Affected: 21221 Iron Ore
Mining
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH73
3285. NESHAP: HYDROCHLORIC ACID
PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12291; EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Clean Air Act.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some
hydrochloric acid plants may be major
sources for one or more HAPs. As a
consequence, a regulation (emission
standards) will be developed for the
hydrochloric acid production industry.
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23506
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4104
Sectors Affected: 325199 All Other
Basic Organic Chemical Manufacturing;
325181 Alkalies and Chlorine
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing;
325211 Plastics Material and Resin
Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
Joseph Wood, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AH75
3286. NESHAP: AMMONIUM
SULPHATE PRODUCTION
(CAPROLACTAM BY-PRODUCT)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This project is to develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP] which
can be emitted by the three known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project is scheduled to begin in the fall
of 1997. The initial stage of this project
is to gather information on the industry
processes, emissions of HAP and
available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4116
Sectors Affected: 325311 Nitrogenous
Fertilizer Manufacturing
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AH77
3287. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the
application of asphalt or coal tar to
metal pipes may reasonably be
anticipated to emit several of the 189
HAPs listed in section 112(b) of the
CAA. As a consequence, a regulatory
development program is being pursued
for the asphalt/coal tar application on
metal pipes industry to promulgate
emission standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4107
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5435
Fax: 919 541-5600
Email: neuffer.bill@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AH78
3288. NESHAP: CLAY PROCESSING
MINERALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the clay
products manufacturing industry may
reasonably be anticipated to emit
several of the 189 HAPs listed in
section 112(b) of the CAA. As a
consequence, a regulatory development
program is being pursued for the clay
products manufacturing industry to
promulgate emission standards.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23507
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
NPRM
Final Action
Date
05/00/01
05/00/02
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional information: SAN No. 4113
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AH79
3289. NESHAP: HYDROGEN
CHLORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
major source category of ha7ardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the hydrogen chloride industry, to
be promulgated by November 15, 2000.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 4112
Sectors Affected: 325181 Alkalies and
Chlorine Manufacturing; 325188 All
Other Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
325211 Plastics Material and Resin
Manufacturing
Agency Contact: Kenneth Durkee,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5425
Joseph Wood, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AH80
3290. NESHAP: URANIUM
HEXAFLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project will develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP) which
can be emitted by the two known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project will begin in 2000. Initially,
information on the industry processes
and emissions of HAP will be analyzed
to identify available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4098
Sectors Affected: 331419 Primary
Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum)
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5435
Fax: 919 541-5600
Email: neuffer.bill@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AH83
3291. FEDERAL IMPLEMENTATION
PLANS (FIPS) TO REDUCE THE
REGIONAL TRANSPORT OF OZONE
IN THE EASTERN UNITED STATES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 52; 40 CFR 97;
40 CFR 98
Legal Deadline: None
Abstract: This action would
promulgate Federal Implementation
Plans (FIPs) which require nitrogen
oxides (NOx) emissions decreases in 22
States and the District of Columbia. The
intended effect is to reduce the
transport of ozone (smog) pollution and
one of its main precursors — NOx —
across State boundaries in the eastern
half of the United States. On October
27, 1998, EPA published a final rule
(NOx SIP Call) which allowed States
12 months to develop, adopt, and
submit revisions to their State
Implementation Plans (SIPs) to address
the transport problem. The
Administrator is required to promulgate
a FIP within 2 years of: (1) finding that
a State has failed to make a required
submittal or (2) finding that a submittal
is not complete or (3) disapproving a
SIP submittal. On May 25, 1999, the
12 month NOx SIP Call deadline was
indefinitely stayed by the Court of
Appeals for the District of Columbia
Circuit. EPA is currently considering
the implications of this court decision.
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23508
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM 10/21/98 63 FR 56393
Final Action On hold To Be Determined
pending court action
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, Tribal
Federalism: Undetermined
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4096
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation; 325311
Nitrogenous Fertilizer Manufacturing;
32731 Cement Manufacturing; 331111
Iron and Steel Mills
Agency Contact: Doug Grano,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AH87
3292. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401-7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions which do not conform
to the State implementation plan (SIP)
for the attainment and maintenance of
the national ambient air quality
standards (NAAQS). In November 1993,
EPA promulgated two sets of
regulations to implement section
176(c). First, on November 24, EPA
promulgated the Transportation
Conformity Regulations to establish the
criteria and procedures for determining
that transportation plans, programs, and
projects which are funded under title
23 U.S.C. or the Federal Transit Act
conform with the SIP. Then, on
November 30, EPA promulgated
regulations, known as the General
Conformity Regulations, to ensure that
other Federal actions also conformed to
the SIPs. Since 1993, EPA has amended
the transportation conformity rule three
times in response to stakeholders'
requests. The EPA is working on a
separate revision to address
transportation conformity in
transitional areas which will be final
by December 1998. The EPA has not
reviewed or revised the General
Conformity Regulations since their
1993 promulgation. Several Federal
agencies have identified concerns over
the implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4070
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
RIN: 2060-AH93
3293. REVISIONS TO AIR POLLUTION
EMERGENCY EPISODE
REQUIREMENTS (SUBPART H, 40
CFR PART 51)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(G);
42 USC 7603
CFR Citation: 40 CFR 51 Appendix L;
40 CFR 51.150 to 51.153
Legal Deadline: None
Abstract: 40 CFR part 51.150-51.153
require States to have contingency
plans to prevent air pollution levels
from reaching the significant harm level
(SHL) for CO, O3, SO2, NOx, and PM.
Appendix L provides example guidance
to the States on appropriate courses of
action to take at each episode stage
(i.e., alert, warning, and emergency) to
ensure the SHL is not reached. These
requirements were developed in the
1970's, based on the NAAQS from that
era. Since that time, ambient air quality
levels have decreased nationwide.
Today, many areas/sources that no
longer need episode plans must still
develop them. This rule would update
and simplify the criteria used to
determine which areas would require
episode plans. Areas with no more than
one exceedance of the Alert level over
the past 5 years would not need to
develop emergency episode plans.
Sources with the potential to cause
exceedances of the SHL due to a
process/control equipment malfunction
would need to develop source
contingency plans to prevent (and to
respond to) such malfunctions.
Appendix L would also be revised to
reflect the revised program
requirements. The result will be a
sensible, credible program replacing an
outdated program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4247
Agency Contact: Ted Creekmore,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5699
Fax; 919 541-0824
Email: creekmore.ted@epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23509
EPA—Clean Air Act (CAA)
Long-Term Actions
Email: silvasi.john@epa.gov
RIN: 2060-AI47
3294. REVISION OF ERA'S
RADIOLOGICAL EMERGENCY
RESPONSE PLAN
Priority: Substantive, Nonsignificant
Legal Authority: EO 12777; PL 96-295
Sec 304
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) Radiological
Emergency Response Plan (RERP)
establishes a framework for timely,
coordinated EPA action to protect
public health and safety and the
environment in response to a peacetime
radiological incident. The original EPA
RERP was approved in 1986. This new
revision updates authorities,
responsibilities, capabilities, and
procedures for implementing effective
radiological emergency response
actions by EPA Offices. The RERP
presents the EPA organizational
structure and concept of operations for
responding to radiological incidents as
a participant in a Federal multi-agency
response using the Federal Radiological
Emergency Response Plan (FRERP) and
the Federal Response Plan (FRP), and
the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). This revision incorporates recent
changes to the FRERP and NCP, and
many other policy updates. In short,
this revision ensures that EPA
maintains a comprehensive strategy to
provide organized, effective assistance
to State and local governments in the
event of a radiological emergency.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3638
Was previously listed in the Regulatory
Agenda as RIN 2060-AF85.
Agency Contact: Craig Conklin,
Environmental Protection Agency, Air
and Radiation, 6602J, Washington, DC
20460
Phone: 202 564-9222
RIN: 2060-AI49
3295. NESHAP: PAINT STRIPPING
OPERATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act and to
establish and meet dates for
promulgation of emission standards for
each of the listed categories of HAP
emission sources. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The EPA has
determined that paint stripping
operations emit at least one of the
HAPs listed in section 112(b) of the
Act, specifically methylene chloride. As
a result, the source category is included
on the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Clean Air Act Amendments of 1990.
The purpose of this action is to begin
a regulatory development program such
that any emission standards may be
promulgated according to the mandated
schedule. It is unknown now whether
this action will impact small
businesses.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3746
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5340
Fax: 919 541-0942
Email: pagan.jaime@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG26
3296. PETROLEUM SOLVENT DRY
CLEANERS MAXIMUM ACHIEVABLE
CONTROL TECHNOLOGY (MACT)
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Clean Air Act
Amendments and to establish and meet
dates for promulgation of emission
standards for each of the listed
categories of HAP emission sources.
The standards are to be technology-
based and are to require the maximum
degree of emission reduction
determined to be achievable by the
Administrator. The EPA has
determined that the petroleum solvent
dry cleaning industry emits several
HAPs listed in section 112(b) of the
Act; these HAPs are: chlorobenzene,
cumene, ethyl benzene, polycyclic
organic matter, toluene, and xylene. As
a result, the source category is included
on the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Clean Air Act Amendments of 1990.
The purpose of this action is to begin
a regulatory development program such
that any emission standards may be
promulgated according to the mandated
schedule. It is anticipated that this
action will impact small business, but
the extent of that impact has not yet
been determined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3754
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
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EPA—Clean Air Act (CAA)
Long-Term Actions
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG34
3297. NESHAP: REFRACTORIES
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act and to
establish and meet dates for
promulgation of emission standards for
each of the listed categories of HAP
emission sources. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The refractory
manufacturing source category is
included on the initial list of HAP-
emitting categories scheduled for
promulgation within ten years of
enactment of the Clean Air Act
Amendments of 1990. Testing
conducted and information obtained to
date indicate 22 major sources exist in
this source category and will be
affected by this rulemaking. The EPA
has determined that the refractory
manufacturing industry emits HAPs
including chromium, ethylene glycol,
phenol, methanol, hydrochloric acid,
formaldehyde, polycyclic organic
matter (POM) and hydrogen fluoride;
eight of the 189 HAPs listed in section
112 of the Act. Impacts on small
businesses and on State/local/tribal
governments will be assessed.
Timetable:
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3652
Agency Contact: Susan Zapata,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: zapata.susan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AG68
3298. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq;
44 USC 350 et seq; 5 USC 605
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act Amendments of 1990 requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants (HAPs). The
standards are to be technology-based
and are to require the maximum degree
of emission reduction determined to be
achievable by the Administrator of the
EPA. The EPA has determined that
some lime manufacturing plants may be
major sources for one or more HAPs.
As a consequence, a regulation
(emission standards) is being developed
for the lime manufacturing industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3651
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AG72
3299. NESHAP: FRICTION PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412 CAA sec
112; PL 91-190 sec 203
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The friction products
manufacturing source category includes
any facility that manufactures or
remanufactures friction products such
as brakes, brake pads, disk pads, and
clutch pads, including facilities that
use non-asbestiform mineral fibers and
asbestos replacement material.
Hazardous air pollutants (HAPs) are
emitted from solvents contained in the
adhesives used to bond the friction
material to the automobile part. During
1998, the Agency collected current
information from owners/operators
regarding business size, quantities of
pollutants, processes, air pollution
control devices, and workplace
practices in the industry. Some of the
HAPs reported include phenol, toluene,
methyl chloroform, chlorobenzene, o-
cresol, formaldehyde, n-hexane,
hydrogen cyanide, methanol, methylene
chloride, methylisobutyl carbon, 1,1,1-
trichloroethane, trichloroethylene,
chloroethylether, ethylbenzene,
xylenes, and methylethylketone.
Owners/operators reported that these
particular HAPs are emitted during
heated processes such as curing,
bonding, and debonding processes. It is
expected that substantial reductions in
these emissions can be achieved at the
floor levels of controls under section
112(b). Based on this information and
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EPA—Clean Air Act (CAA)
Long-Term Actions
any needed new information to be
developed by EPA and the industry, the
Agency plans to propose and
promulgate a maximum achievable
control technology (MACT) standard for
existing sources and new sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3899
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Kevin Cavender, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
RIN: 2060-AG87
3300. NESHAP: METAL CAN
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal can industry. The
Agency will study what pollutants are
emitted and evaluate the control
techniques, including pollution
prevention, that are used to reduce
these emissions. The Agency will also
determine what, if any, impact the rule
would have on small businesses.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3906
Agency Contact: Paul A. Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG96
3301. NESHAP: FABRIC PRINTING,
COATING AND DYEING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted from fabric printing,
coating, and dyeing. The Agency will
identify and study the types and
sources of HAP emissions from these
processes, and evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/01
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3909
Agency Contact: Vinson Hellwig,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2317
Fax: 919 541-5689
Email: hellwig.vinson@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG98
3302. NESHAP: MANUFACTURE OF
CARBON BLACK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63 YY
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The purpose of this
regulatory action is to develop a
Maximum Achievable Control
Technology Standard for the
manufacture of carbon black. This
standard will meet the Clean Air Act
Amendments of 1990 requirement to
regulate sources of hazardous air
pollutants. Three hazardous air
pollutants identified in the 1990 Clean
Air Act Amendments are emitted by
the carbon black process. These are
carbon disulfide, carbonyl sulfide, and
hydrogen cyanide.
Carbon black is a product used
primarily in the manufacture of
automobile tires. There are
approximately 22 carbon black facilities
located in the nation. Of these it is
currently estimated there are 20 major
sources that will be subject to this
regulation. This rule is not expected to
have impacts on small business.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3962
Sectors Affected: 325182 Carbon Black
Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AH19
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3303. FIELD CITATION PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7413(d] CAA
sec 113(d)
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: The Clean Air Act
Amendments give EPA the authority to
issue on-the-spot field citations for
minor violations of the Clean Air Act,
with penalties of up to $5,000 per day
of violation. Section 113(d) of the Act
requires the field citation program to
be implemented through regulations
which provide the informal hearing
procedures. These hearing procedures
are not required to be as rigorous as
those imposed by the Administrative
Procedures Act (APA), but nevertheless
must provide due process. Agency
guidance providing appropriate
penalties for specific minor violations
will be prepared for EPA employees
and made available to the regulated
community. Training on the issuance
of field citations will also be
developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/03/94 59 FR 22776
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 2937
Agency Contact: Gary Secrest,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2242A, Washington, DC
20460
Phone: 202 564-8661
RIN: 2020-AA32
3304. NESHAP: WOOD BUILDING
PRODUCTS (SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted by the wood building
product surface coating industry. The
Agency will study the various HAP
emitted by the industry and evaluate
pollution prevention and control
techniques which can reduce these
emissions.
Timetable:
Action Date FR Cite
NPRM
Final Action
04/00/01
04/00/02
put forward EPA's proposed
determination under section
183(e)(3)(C).
Timetable:
Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3904
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Luis Lluberas, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2659
Fax: 919 541-5689
Email: lluberas.luis@epa.gov
RIN: 2060-AH02
3305. CONSUMER AND COMMERCIAL
PRODUCTS: FLEXIBLE PACKAGE
PRINTING MATERIALS:
DETERMINATION ON CONTROL
TECHNIQUES GUIDELINES IN LIEU OF
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In accordance with Section
183(e) of the Clean Air Act, EPA
identified flexible package printing
materials as a category of consumer and
commercial products prioritized for
regulation to reduce VOC emissions in
ozone nonattainment areas. Section
183(e)(3)(C) gives EPA the authority to
issue CTG in lieu of regulation if the
Administrator determines that CTG are
substantially as effective as regulation
in reducing VOC emissions in ozone
nonattainment areas. This action will
Date FR Cite
Final Action Final 04/00/02
Determination/CTG
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4245
Agency Contact: Dan Brown,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5305
Fax: 919 541-5689
Email: brown.dan@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AI31
3306. NESHAP: ALUMINA
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; EO 12866; 5 USC
605
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the alumina processing
industry may be reasonably expected to
emit one of the pollutants listed in
section 112(b) of the CAA. As a
consequence, the source category is
included on the initial list of HAP
emitting categories scheduled for
standards promulgation within 10 years
of enactment of the CAA Amendments
of 1990. The purpose of this action is
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23513
EPA—Clean Air Act (CAA)
Long-Term Actions
to pursue a regulatory development
program such that emissions standards
may be proposed and promulgated for
this industry.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4110
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AH70
3307. NESHAP: ETHYLENE OXIDE
COMMERCIAL STERILIZATION AND
FUMIGATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA
Section 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action suspended the
NESHAP for ethylene oxide commercial
sterilization and fumigation operation
requirements for chamber exhaust and
aeration room vents. The suspension
allows affected sources subject to
eithylene oxide NESHAP to defer
compliance with the NESHAP
requirements for chamber exhaust until
December 6, 2001 and aeration room
vents until December 6, 2000. This
suspension does not affect the
requirement for sources subject to the
ethylene oxide NESHAP to comply
with provisions for sterilizer vents.
This action does not change the
standards or the intent of the NESHAP
promulgated in 1994.
Action
Date
FR Cite
Interim Final Rule
Suspension of rule
Interim Final Rule
Extended
suspension of rule
Final Action
12/04/98 63 FR 66990
12/03/99 64 FR 67789
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4222
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI37
3308. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, July
1, 2002, Standards review to be
completed.
Abstract: On July 18, 1997, the EPA
published a final rule revising the
national ambient air quality standards
(NAAQS) for particulate matter (PM)
(62 FR 38652). While retaining the
PM10 standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421, July 16,
1997) was published that, among other
things, directed EPA to complete the
next review of the PM NAAQS by July
2002. The EPA's plans and schedule for
the next periodic review of the PM
NAAQS were published on October 23,
1997 (62 FR 55201). As with other
NAAQS reviews, a rigorous assessment
of relevant scientific information will
be presented in a Criteria Document
(CD), and the preparation of this
document is currently under way by
the EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will also prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The SP and
CD will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public; both will
reflect the input received through these
reviews. As the PM NAAQS review is
completed, the Administrator's
proposal to revise or reaffirm the PM
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be reflected in the
Administrator's final decision which
will be published in July 2002.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/01
07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4255
Agency Contact: Mary A. Ross,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5170
Fax: 919 541-0237
Email: ross.mary@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0877
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3309. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENT TO TRANSSHIPMENT
PROVISION IN FINAL RULE
ACCELERATING THE PHASEOUT OF
OZONE-DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title VI
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Amends current rule to
require those transshipping goods with
ozone-depleting substances through the
U.S. to notify EPA of the specifics of
the transshipment.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM Reproposal 05/10/95 60 FR 25010
Supplemental NPRM 06/00/01
Final Action 06/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3626
Agency Contact: Sue Stendebach,
Environmental Protection Agency, Air
and Radiation, 6205 ), Washington, DC
20460
Phone: 202 564-9117
RIN: 2060-AI46
3310. IDENTIFICATION OF
ADDITIONAL OZONE AREAS
ATTAINING THE 1-HOUR STANDARD
AND TO WHICH THE 1-HOUR
STANDARD IS NO LONGER
APPLICABLE (7 AREAS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 81 (Revision)
Legal Deadline: None
Abstract: EPA proposes to identify
several additional ozone areas where
the 1-hour standard is no longer
applicable. This proposed action is
based upon analysis of quality-assured,
ambient air quality monitoring data
showing no violations of the 1-hour
ozone standard. Determinations for this
notice were based upon the most recent
data available, i.e., 1996-1998. The EPA
has previously taken final action
regarding the applicability of the 1-hour
standard for other areas on June 5, 1998
and July 22, 1998.
NPRM 06/09/99 64 FR 30937
Final Action Actual To Be Determined
Publication Date On
Hold
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4274
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
Barry Gilbert, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5238
Fax: 919 541-0824
Email: gilbert.barry@epa.gov
RIN: 2060-AI57
3311. NESHAP: CERAMICS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Ceramics are defined as a
class of inorganic, nonmetallic solids
that are subject to high temperature in
manufacture and/or use. The most
common ceramics are composed of
oxides, carbides, and nitrides.
Sillicides, borides, phosphides,
tellurides, and selenides also comprise
ceramics. Ceramic processing generally
involves high temperatures, and the
resulting materials are heat resistant.
The general classifications of traditional
ceramics are pottery, whiteware,
earthenware, stoneware, chinaware,
porcelain tile and sanitary ware. The
hazardous air pollutants emitted from
ceramics production include hydrogen
fluoride and hydrochloric acid.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4343
Split from RIN 2060-AH79
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
Susan Zapata, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: zapata.susan@epa.gov
RIN: 2060-AI68
3312. • INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory,
December 14, 1999, See Additional
Information.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23515
EPA—Clean Air Act (CAA)
Long-Term Actions
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
defined in EPA's NOx SIP call. The
CAA requires EPA to take final action
on the petitions within 60 days of
receipt, but may extend the deadline
for up to 6 additional months to allow
for public process. The EPA took
rulemaking action on similar petitions
from 8 other Northeastern States that
were submitted in 1997.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4383
There is a different statutory deadline
associated with each petition based on
the date of receipt by EPA: New Jersey
- 12/14/99, Maryland - 01/01/00,
Delaware - 02/10/00, District of
Columbia - 03/07/00
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AI99
3313. • RESCINDING THE FINDING
THAT THE PRE-EXISTING PM10
STANDARDS ARE NO LONGER
APPLICABLE IN NORTHERN ADA
COUNTY/BOISE, IDAHO
Priority: Substantive, Nonsignificant
Legal Authority. 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the pre-
existing PM-10 NAAQS. Therefore, in
order to protect public health in the
Boise/Ada County area, EPA is
proposing to reinstate the pre-existing
PM-10 NAAQS. Without this action
there would be no Federal PM-10
NAAQS applicable to this area.
Timetable:
Action Date FR Cite
NPRM
Final Rule
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4391
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD-15, Washington, DC
20460
Phone: 919 541-3223
Fax: 919 541-5489
Email: blais.gary@epa.gov
Mike Prosper, Environmental Protection
Agency, Air and Radiation
Phone: 202 564-5589
Email: prosper.michael@epa.gov
RIN: 2060-AJ05
3314. • NESHAP: ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES
Priority: Substantive, Nonsignificant
Legal Authority: CAA Section 112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The completed Secondary
Aluminum Production NESHAP
included some aluminum die casting
facilities and aluminum foundries
under its applicability. EPA has based
its MACT standard for aluminum die
casting and aluminum foundries, as
well as its assessment of the economic
impacts on small businesses in these
industries, on information on
representative facility practices
provided to EPA by these industries to
date. However, affected facilities in
these industries have expressed
concern that the information and
assumptions upon which EPA has
relied may be incomplete or may not
adequately represent the processes and
emissions at such facilities. Therefore,
EPA will initiate a formal process to
collect further information from the
facilities in these industries on the
activities in which they engage and the
potential of these activities to
contribute to HAP emissions. After
evaluating this information, EPA will
make a new determination concerning
MACT requirements for both major
facilities and area sources in these
industries. EPA expects to adopt any
alternative MACT standard applicable
to these industries, and to take final
action to remove the aluminum die
casting and aluminum foundry
industries from the current standard,
within two years.
Timetable:
Action
Date
FR Cite
NPRM
03/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4413
Sectors Affected: 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries
Agency Contact: Juan E. Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AJ09
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23516
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Completed Actions
3315. FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
ON SECTION 126 PETITIONS FOR
PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Completed:
Reason
Date
FR Cite
Final Stay
Amendments
Final Rule
01/13/00 65 FR 2039
01/18/00 65 FR 2674
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: Federal,
Local
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AH88
3316. NESHAP: OFF-SITE WASTE AND
RECOVERY OPERATIONS; FINAL
RULE—SETTLEMENT AGREEMENT;
AND NESHAP FOR OFF-SITE WASTE
AND RECOVERY OPERATIONS;
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Direct Final Rule 07/20/99 64 FR 38950
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Sectors Affected: 32411 Petroleum
Refineries; 325412 Pharmaceutical
Preparation Manufacturing; 32731
Cement Manufacturing; 562112
Hazardous Waste Collection
Agency Contact: Kent C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Elaine Manning
Phone: 919 541-5499
Fax: 919 541-0246
Email: manning.elaine@epa.gov
RIN: 2060-AH96
3317. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MARINE
DIESEL ENGINES AT OR ABOVE 37
KILOWATTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 89
Completed:
Reason
Date
FR Cite
Final Action 12/29/99 64 FR 73299
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Sectors Affected: 336399 All Other
Motor Vehicle Parts Manufacturing;
335312 Motor and Generator
Manufacturing
Agency Contact: Alan Stout
Phone: 734 214-4805
Fax: 734 214-4816
Email: stout.alan@epamail.epa.gov
Paul Machiele
Phone: 313 668-4264
RIN: 2060-AI17
3318. TIER II LIGHT-DUTY VEHICLE
AND LIGHT-DUTY TRUCK EMISSION
STANDARDS AND GASOLINE
SULFUR STANDARDS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 80; 40 CFR 86
(Revision)
Completed:
Reason
Date
FR Cite
Final Action 02/10/00 65 FR 6698
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: None
Agency Contact: Tad Wysor
Phone: 734 214-4332
Fax: 734 214-4816
Email: wysor.tad@epa.gov
RIN: 2060-AI23
3319. NESHAP: MANUFACTURING OF
AMINO/PHENOLIC RESINS
(PREVIOUSLY KNOWN AS POLYMERS
& RESINS GROUP III)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 01/20/00 65 FR 3275
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: John Schaefer
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AE36
3320. NESHAP: CYANIDE CHEMICALS
MANUFACTURING
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With RIN 03/31/00
2060-AH68 (SAN
4105)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Keith Barnett
Phone: 919 541-5605
Fax: 919 541-3470
Email: barnett.keith@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AE45
3321. NESHAP: PUBLICLY OWNED
TREATMENT WORKS (POTW)-
AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 10/26/99 64 FR 57572
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Local
Agency Contact: Bob Lucas
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23517
EPA—Clean Air Act (CAA)
Completed Actions
Kent C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AF26
3322. NESHAP: ETHYLENE
PROCESSES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With RIN
2060-AH68 (SAN
4105)
03/31/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Warren Johnson, Jr.
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lasster.penny@epa.gov
RIN: 2060-AG53
3323. NESHAP: SPANDEX
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With RIN 03/31/00
2060-AH68 (SAN
4105)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Federalism: Undetermined
Agency Contact: K.C. Hustvedt
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Elaine Manningl
Phone: 919 541-5499
Fax: 919 541-0246
Email: manning.elaine@epa.gov
RIN: 2060-AH14
3324. LIST OF REGULATED
SUBSTANCES AND THRESHOLDS
FOR ACCIDENTAL RELEASE
PREVENTION; PETITION TO DELIST
VINYL ACETATE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR Part 68
Completed:
Reason
Date
FR Cite
Withdrawn Petitioner 11/05/99
withdrew petition
without prejudice.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Kathy Franklin
Phone: 202 260-2250
Fax: 202 260-0927
Sicy Jacob
Phone: 202 260-7249
Fax: 202 260-0927
RIN: 2050-AE70
3325. LIST OF REGULATED
SUBSTANCES AND THRESHOLDS
FOR ACCIDENTAL RELEASE
PREVENTION; PROPOSED
AMENDMENT; FLAMMABLE
HYDROCARBON FUEL EXEMPTION
Priority: Other Significant
CFR Citation: 40 CFR 68 (Revision]
Completed:
Reason
Date
FR Cite
Merged With RIN
2050-AE74
02/29/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Sectors Affected: 111 Crop Production;
722 Foodservices and Drinking Places;
112 Animal Production
Agency Contact: Sicy Jacob
Phone: 202 260-7249
Fax: 202 260-0927
John Ferris
Phone: 202 260-4043
Fax: 202 260-0927
RIN: 2050-AE72
3326. AMENDMENT TO REGULATIONS
GOVERNING EQUIVALENT EMISSION
LIMITATIONS BY PERMIT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Rule
05/14/99 64 FR 26311
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Jim Szykman
Phone: 919 541-5674
Fax: 919 541-0942
Email: szykman.jim@epa.gov
David Markwordt
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
RIN: 2060-AI28
3327. FEDERAL PLAN
REQUIREMENTS FOR MUNICIPAL
SOLID WASTE LANDFILLS THAT
COMMENCED CONSTRUCTION PRIOR
TO 5/30/91 AND HAVE NOT BEEN
MODIFIED OR RECONSTRUCTED
SINCE 5/30/91
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 62.14350 (New)
Completed:
Reason
Date
FR Cite
Final Action 11/08/99 64 FR 60689
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mary Ann Warner
Phone: 919 541-1192
Fax: 919 541-2664
Email: warner.maryann@epa.gov
RIN: 2060-AI50
3328. PROCESS WASTEWATER
PROVISIONS OF THE GENERIC MACT
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 11/22/99 64 FR 63695
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
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23518
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Agency Contact: David Markwordt
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI53
3329. REVISIONS TO PROMULGATION
OF FEDERAL IMPLEMENTATION
PLAN FOR ARIZONA - MARICOPA
NONATTAINMENT AREA PM-10 TEST
METHODS
Priority: Other Significant
CFR Citation: 40 CFR 52.128; 40 CFR
52.123; 40 CFR 52.124; 40 CFR 52.127
Completed:
Reason
Date FR Cite
Final Action
12/21/99 64 FR 71304
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Karen Irwin
Phone: 415 744-1903
RIN: 2060-AI54
3330. AREA SOURCE TITLE V
OPERATING PERMIT DEFERRALS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.340; 40 CFR
63.360; 40 CFR 63.468; 40 CFR 63.541;
40 CFR 63.320
Completed:
Reason
Date
FR Cite
Final Action
12/14/99 64 FR 69637
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Rick Colyer
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
RIN: 2060-AI58
3331. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARD
FOR ARCHITECTURAL COATINGS;
PROPOSED AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 59 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn No further 03/13/00
action is planned.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Dianne Byrne
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
Linda Herring
Phone: 919 541-5358
Fax: 919 541-5689
Email: herring.linda@epa.gov
RIN: 2060-AI63
3332. REGULATION OF FUELS AND
FUEL ADDITIVES: EXTENSION OF
REFORMULATED GASOLINE
PROGRAM TO THE KANSAS CITY, KS
FORMER OZONE NONATTAINMENT
AREA
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn - No further 02/24/00
action is planned
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Karen Smith
Phone: 202 564-9674
Fax: 202 565-2085
Email: smith.karen@epa.gov
RIN: 2060-AI70
3333. PROPOSED RULE TO AMEND
SUBPART H, 40 CFR PART 61 FOR
EMISSIONS OF RADIONUCLIDES
OTHER THAN RADON FROM DOE
FACILITIES
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 02/15/00
AI90, SAN 4273
RIN: 2060-AI81
3334. REVISION TO METHOD 24 FOR
ELECTRICAL INSULATING
VARNISHES
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 02/15/00
AI94, SAN 4299
RIN: 2060-AI85
3335. NATIONAL AMBIENT AIR
QUALITY STANDARD FOR OZONE -
CORRECTIONS NOTICE
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 03/17/00
AI95
RIN: 2060-AI86
3336. DEVELOPMENT OF REFERENCE
METHOD FOR THE DETERMINATION
OF SOURCE EMISSIONS OF
FILTERABLE FINE PARTICULATE
MATTER AS PM2.5
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 03/17/00
AI96
RIN: 2060-AI87
3337. INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 03/17/00
AI97
RIN: 2060-AI88
3338. REGULATION OF FUELS AND
FUEL ADDITIVES: REFORMULATED
GASOLINE ADJUSTMENT
Timetable:
Action
Date
FR Cite
Duplicate of RIN 2060- 03/17/00
AI98
RIN: 2060-AI89
3339. • AMENDMENTS TO THE
NESHAP: HALOGENATED SOLVENT
CLEANING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23519
EPA—Clean Air Act (CAA)
Completed Actions
Legal Deadline: None
Abstract: Halogenated solvent cleaning
emissions include: 1,1,1
trichloroethane, perchloroethylene,
methylene chloride, trichloroethylene,
carbon tetrachloride, and chloroform.
This rule was promulgated on
December 2, 1994 and codified at 40
CFR part 63, subpart T. This action will
announce a temporary 3-month stay for
good cause and a proposed compliance
extension for continuous web cleaning
machines. This action will also amend
the final halogenated solvent cleaning
NESHAP to include equivalency
determinations for different control
equipment for batch vapor cleaners to
those required by the rule. These
equivalency determinations have been
requested by a halogenated solvent
cleaning machine manufacturer.
Timetable:
Action
Date
FR Cite
Direct Final Rule
12/03/99 64 FR 67793
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4339
Split from RIN 2060-AI04.
Sectors Affected: 332 Fabricated Metal
Product Manufacturing
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Trish Koman, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-4120
Fax: 919 541-5689
Email: koman.trish@epa.gov
RIN: 2060-AJ01
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3340. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This voluntary action will
allow low-activity mixed radioactive
wastes to be disposed in facilities that
meet the design requirements for
RCRA-C disposal cells. The wastes
intended to be disposed of in these
cells are mixed wastes, consisting of a
chemically hazardous component and
low levels of radioactivity. These
wastes are anticipated to arise in the
commercial sector from various
sources. The rule is intended to
increase disposal options for these
wastes and offer a streamlined
regulatory process which melds
hazardous chemical protection and
radioactivity protection requirements
while protecting public health and
safety. The rule does not mandate a
disposal method, but rather permits an
alternative to existing disposal
methods. The U.S. Nuclear Regulatory
Commission is anticipated to be the
implementing Agency for the
application of this rule.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054
Agency Contact: Dan Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9300
Fax: 202 565-2062
Email: schultheisz.daniel@epa.gov
RIN: 2060-AH63
3341. • REVISION OF THE 40 CFR
PART 194 WASTE ISOLATION PILOT
PLANT COMPLIANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: PL 102-579; PL 104-
201; Waste Isolation Pilot Plant Land
Withdrawal Act of 1992; 106 Stat. 4777
as amended by the 1996 LWA
Amendments
CFR Citation: 40 CFR 194.8(b)
Legal Deadline: None
Abstract: This rule would change some
of the language in Section 194.8(b) of
the Waste Isolation Pilot Plant (WIPP)
Compliance Criteria without deleting
any of the requirements for the
Department of Energy's (DOE)
compliance. Section 194.8(b) explains
the process by which EPA inspects and
approves waste characterization
processes at DOE transuranic waste
sites that send waste to the WIPP. The
194.8(b) process involves a public
comment period.
Most of the language in Section
194.8(b) will be left intact. The most
significant change would eliminate a
statement that EPA will follow the
194.8(b) notice-and-comment process
each time a previously-approved site
seeks to send a different "waste
stream" to the WIPP. Other changes
would correct certain terminology and
clarify the important elements of our
inspections. This rule would eliminate
the ambiguity of the current language
and replace it with: (1) a site can ship
waste once EPA has approved it using
a notice-and-comment process; (2) EPA
will perform follow-up inspections
under a separate authority that does not
call for public comment; and (3) EPA
can disallow shipment if an initial or
follow-up inspection reveals significant
compliance issues.
The main purpose of this revision is
to eliminate EPA's obligation to
approve DOE sites on a waste stream
by waste stream basis. Our
understanding of DOE's operations has
improved considerably since 194.8(b)
went final in May 1998. We now
recognize that approving sites by waste
stream, using a comment period, is
unnecessarily time-consuming for EPA
staff, confusing for DOE, and generates
almost no public comment. In addition,
repetitive inspections at sites are
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23520
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
expensive and provide little additional
regulatory confidence. This rule will
save money and will greatly improve
the effectiveness of our interactions
with DOE.
Timetable:
Action
Date
FR Cite
NPRM
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4403
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9712
Fax: 202 565-2062
Email: monroe.scott@epa.gov
RIN: 2060-AJ07
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Atomic Energy Act (AEA)
Long-Term Actions
3342. PROTECTIVE ACTION
GUIDANCE FOR DRINKING WATER
Priority: Other Significant
Legal Authority: 42 USC 2021(h) AEA
of 1954 sec 274(h); Reorganization Plan
No. 3 of 1970; PL 96-295 sec 304; EO
12241
CFR Citation: 41 CFR 351
Legal Deadline: None
Abstract: This action will result in
Federal protective action guidance
(PAG) for State and local officials to
use in the event of a nuclear accident
to protect the general public from the
adverse health effects associated with
the ingestion of drinking water that is
contaminated with radioactive material.
As soon as the draft guidance is
developed it will be submitted to the
PAG Subcommittee of the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) for review and
comment. Members of the PAG
subcommittee include representatives
from DOE, DOD, FEMA, NRC, HHS,
USD A, DOT, and the Conference of
Radiation Control Program Directors
(CRCPD). When a consensus among the
representatives is reached, the guidance
is recommended to the full FRPCC for
endorsement. After that endorsement is
obtained a notice of the availability of
a revised EPA 400-R-92-001, Manual of
Protective Action Guides and Protective
Actions for Nuclear Incidents will be
published in the Federal Register. This
action is temporarily delayed until the
FDA's revised PAGs for Food can be
evaluated.
Timetable:
Action
Date
FR Cite
Notice Submission to 04/00/01
FRPCC for
Endorsement
Notice of Availability 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3602
Agency Contact: Charles Blue,
Environmental Protection Agency, Air
and Radiation, 6602J, Washington, DC
20460
Phone: 202 564-9488
RIN: 2060-AF39
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3343. PESTICIDES; PROCEDURES
FOR REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(g); 7
USC 136(w)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency is establishing
procedures to implement section 3(g) of
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) which
provides for periodic review of
pesticide registrations. The goal of
these regulations is to review a
pesticide's registration every 15 years.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4170
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Vivian Prunier,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD29
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23521
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3344. DATA REQUIREMENTS FOR
PESTICIDE REGISTRATION
(REVISION)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amended to make
them consistent with the revised data
requirements and new use indexing.
EPA intends to accomplish this
revision through a series of proposals,
covering different data disciplines and
product types.
Timetable:
Action
Date FR Cite
NPRM(1) 09/00/00
Environmental Fate,
Ecological Effects
and Efficacy
portions
NPRM(2) Toxicology, 09/00/00
Exposure and
Residue Chemistry
portions
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Melissa Chun, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-4027
Fax: 703 305-5884
Email: chun.melissa@epa.gov
RIN: 2070-AC12
3345. DATA REQUIREMENTS FOR
ANTIMICROBIAL REGISTRATIONS;
PRODUCT CHEMISTRY
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a, 136c,
136w
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will clarify all
antimicrobial data requirements to
reflect current practice.
Timetable:
Action Date FR Cite
NPRM
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
RIN: 2070-AD30
3346. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17) SDWA; 7 USC 136 FIFRA
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
August 3, 1998, EDSP must be
Developed.
Final, Statutory, August 3, 1999,
Agency must Implement.
Other, Statutory, August 3, 2000,
Agency must report to Congress on
EDSP. .
Abstract: This final policy statement
will set forth EPA's Endocrine
Disrupter Screening Program. EPA
published a proposed policy statement
setting forth the Screening Program on
December 28, 1998. In the final policy
statement, EPA will describe the
screens and tests that it will require
as part of the Program. It also will
describe the universe of chemicals that
will be included in the program, the
priority setting mechanism that used to
determine the order in which those
chemicals will be tested, and certain
issues related to implementing the
Program. The major actions in 2000 and
2001 will be the standardization and
validation of assays in the screening
battery and the completion of the
priority setting system.
Timetable:
Action
Date FR Cite
Notice Outline of 08/11/98 63 FR 42852
Screening Program
Notice Proposed 12/28/98 63 FR 71542
Screening Program
& Request for
Comment
NPRM Proposed 06/00/00
Procedural Rule
Notice Final Screening 12/00/01
Program
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 4143
Agency Contact: Anthony
Maciorowski, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7201,
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 401-1282
Email: maciorowski.anthony@epa.gov
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7201,
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 401-1282
Email: timm.gary@epa.gov
RIN: 2070-AD26
3347. REGULATORY REVIEW OF
PESTICIDE EMERGENCY EXEMPTION
REGULATIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
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23522
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136(p)
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA will propose revisions
to its regulations on emergency
exemptions under section 18 of the
Federal Insecticide, Fungicide and
Rodenticide Act. Emergency
exemptions allow temporary use of a
pesticide not in accordance with
registration requirements when
emergency conditions exist. In the 1995
Presidential Reinvention Initiative, EPA
identified a number of issues and
options for change, which have been
refined through informal discussions
with States, user groups, and other
stakeholders. EPA is considering
revisions in four areas: 1) Options for
increased authority for States to
administer certain aspects of the
exemption process, or increased use by
EPA of multi-year exemptions, or some
combination of these; 2) the use of
emergency exemptions to address
pesticide resistance; 3) the possibility
of granting of exemptions based upon
reduced risk considerations; and 4)
definitions of emergency situation and
significant economic loss, which affect
whether an exemption may be granted.
Timetable:
Action
Date
FR Cite
NPRM 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4216
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Robert Forrest, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7505C, Washington, DC
20460
Phone: 703 308-9376
RIN: 2070-AD36
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3348. WPS; PESTICIDE WORKER
PROTECTION STANDARD; GLOVE
AMENDMENT
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136(w)
CFR Citation: 40 CFR 170
Legal Deadline: None
Abstract: This final rule would create
greater flexibility in requirements of the
1992 Worker Protection Standard
related to the use of gloves by workers
and applicators.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/09/97 62 FR 47544
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3731
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
John R. MacDonald, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-7370
Fax: 703 308-2962
Email: macdonald.john@epa.gov
RIN: 2070-AC93
3349. EXEMPTIONS FOR PLANT
PESTICIDES REGULATED UNDER
FIFRA AND FFDCA
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 152.20; 40 CFR
174
Legal Deadline: None
Abstract: Substances that plants
produce to protect themselves against
pests are pesticides under FIFRA if
humans intend to use them to destroy,
prevent, repel or mitigate any pest. The
Agency designates these substances,
along with the genetic material
necessary to produce them, plant-
pesticides. This rulemaking will
exempt several categories of plant-
pesticides from FIFRA and FFDCA
regulations; confirms that plants used
as biological control agents are exempt
from regulation under FIFRA; and
establishes a new part in title 40 of the
CFR, part 174, which consolidates
regulations specific for plant-pesticides
in one part of the CFR. The proposed
consolidation is expected to benefit the
public by providing greater focus,
enhanced clarity and ease of use. These
actions will reduce burden on both the
regulated community and EPA.
Timetable:
Action
Date
FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62 FR 27132
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23523
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Action
Date FR Cite
Supplemental NPRM 04/23/99 64 FR 19958
Request for
Comment on
Alternate Name
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2684
Agency Contact: Janet Andersen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501W, Washington,
DC 20460
Phone: 703 308-8712
Email: andersen.janet@epa.gov
Elizabeth Milewski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7201, Washington, DC
20460
Phone: 202 260-3573
Fax: 202 260-0949
Email: milewski.elizabeth@epa.gov
RIN: 2070-AC02
3350. GROUND WATER AND
PESTICIDE MANAGEMENT PLAN
Priority: Other Significant
Legal Authority: 7 USC 136fa) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152,170
Legal Deadline: None
Abstract: This regulation would
establish Pesticide Management Plans
(PMPs) as a new regulatory requirement
for certain pesticides. Unless a State or
tribal authority has an EPA-approved
Plan specifying risk-reduction
measures, use of the chemical would
be prohibited. The rule would also
specify procedures and deadlines for
development, approval and
modification of plans by States and
tribal authorities.
Timetable:
Action
Date
FR Cite
NPRM
Notice Notice of
Availability
regarding
Metolachlor
Final Action
06/26/96 61 FR 33259
02/23/00 65 FR 8925
08/00/00
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 3222
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Arthur-Jean B. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-5239
Fax: 703 308-3259
Email: williams.arty@epa.gov
RIN: 2070-AC46
3351. PESTICIDE MANAGEMENT AND
DISPOSAL
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: This action develops
procedures for mandatory and
voluntary recall actions under section
19(b) of FIFRA and would establish
criteria for acceptable storage and
disposal plans which registrants may
submit to this Agency to become
eligible for reimbursement of storage
costs. This action establishes
procedures for indemnification of
owners of suspended and canceled
pesticides for disposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/05/93 58 FR 26856
05/00/00
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 3432
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA33
3352. PESTICIDE MANAGEMENT AND
DISPOSAL: STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136(q) FIFRA
sec 19; 7 USC 136(a) FIFRA sec 3; 7
USC 136(w) FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory,
December 24, 1991.
Abstract: FIFRA sec. 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, reh'11, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
Action
Date
FR Cite
NPRM (Container 02/11/94 59 FR 6712
Design & Residue
Removal & Bulk
Containment)
Supplemental NPRM 10/21/99 64 FR 56918
Supplemental NPRM 12/21/99 64 FR 71368
Extension of
Comment Period
Supplemental NPRM 02/24/00 65 FR 9234
Extension of
Comment Period
Final Rule 03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 11511 Support
Activities for Crop Production
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23524
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Agency Contact: Jude Andreasen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epa.gov
Nancy Fitz, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-7385
Fax: 703 308-3259
Email: fitz.nancy@epa.gov
RIN: 2070-AB95
3353. REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS; AND OTHER PESTICIDE
REGULATORY CHANGES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152; 40 CFR 156
Legal Deadline: Final, Statutory,
September 14, 2000, The Final Rule is
due 240 days after close of comment
period.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. EPA will
evaluate the feasibility and cost-
effectiveness of various registration
process reforms, including registrant
certification, and expansion of the
current notification procedures. The
regulation will also include labeling
standards for public health
antimicrobial products. This regulation
will also implement some general
provisions of FIFRA pertaining to all
pesticides, including labeling
requirements.
Timetable:
Action
NPRM
Final Rule
Date FR Cite
09/17/99 64 FR 50671
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32531 Fertilizer Manufacturing; 32532
Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 42291
Farm Supplies Wholesalers
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD14
3354. REGISTRATION OF GRANULAR
FERTILIZER-PESTICIDE
COMBINATION PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136
CFR Citation: 40 CFR 152.43
Legal Deadline: None
Abstract: This final rule will allow the
registration of multiple products
consisting of granular pesticide-
fertilizer combinations under a single
registration. The result of this
regulatory change will be to streamline
the registration process for such
products, reduce paperwork burdens
and costs for producers of pesticide-
fertilizer combination products.
Timetable:
Action
Date
FR Cite
Final Action Direct
final rule
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4347
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Dan Kenny, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7505C,
Washington, DC 20460
Phone: 703 305-7546
Email: kenny.dan@epa.gov
RIN: 2070-AD40
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3355. POLICY OR PROCEDURES FOR
NOTIFICATION TO THE AGENCY OF
STORED PESTICIDES WITH
CANCELLED OR SUSPENDED
REGISTRATION
Priority: Other Significant
Legal Authority: 7 USC 136 FIFRA sec
6
CFR Citation: 40 CFR 168
Legal Deadline: None
Abstract: This policy will clarify the
requirements of section 6(g) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The policy
will provide procedures for certain
persons who possess canceled or
suspended pesticides to notify the EPA
and State and local officials of (1) such
possessions; (2) the quantity possessed;
and (3) the place the pesticide is stored.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/28/91 56 FR 13042
To Be Determined
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23525
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 2720
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA29
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3356. STATUS OF PESTICIDE-
TREATED SEEDS UNDER FIFRA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 152.25
Completed:
Reason
Date
FR Cite
Withdrawn The 02/22/00
Agency plans no
further action.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Sectors Affected: ill Crop Production;
11511 Support Activities for Crop
Production
Agency Contact: Jean M. Frane
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD37
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3357. CHEMICAL RIGHT-TO-KNOW
INITIATIVE
Priority: Other Significant
Legal Authority: 15 USC 4 TSCA; 15
USC 8 TSCA; 42 USC 313 TRI; 7 USC
136 FIFRA
CFR Citation: 40 CFR 700 et seq
Legal Deadline: Other, Judicial,
December 31, 1999, Final Actions must
be completed by 12/31/99.
Abstract: The Chemical RTK Initiative
was announced by the Vice President
on EPA's Earth Day 1998 in response
to the finding that many commercial
chemicals have very little publicly
available toxicity information on which
to make sound judgments about
potential risks. There are three key
components to this initiative, each of
which is being implemented by EPA.
These are: collecting and making public
screening level toxicity data for 2,800
commercial chemicals; additional
health effects testing for chemicals to
which children are substantially
exposed; and the listing and lowering
of thresholds for persistent,
bioaccumulative, toxic chemicals
reported to TRI. This Initiative will
involve several separate activities, with
any regulatory related actions included
as separate entries in the Regulatory
Agenda.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
ANPRM
04/00/00
Initiative Completed 06/00/05
HPV Data to be
received by
06/2005.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176
This Initiative includes the following
Regulatory Agenda activities: TRI's
Reporting Threshold Rule (SAN 3880;
RIN 2070-AD09); Test Rule; Multi-
Chemicals Test Rule for High
Production Volume Chemicals (SAN
3990; RIN 2070-AD16); Children's
Health Test Initiative (SAN 2865; RIN
2070-AC27).
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Mary Dominiak,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
Barbara Leczynski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3945
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
RIN: 2070-AD25
3358. TSCA SECTION 4
ENFORCEABLE CONSENT
AGREEMENT FOR CERTAIN
OXYGENATED FUEL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611;15 USC 2625
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Methyl tertiary butyl ether
(MTBE) is commonly found at
concentrations above the current EPA
draft lifetime health advisory for
drinking water at many point source-
gasoline release sites. MTBE is
significantly more persistent than
benzene, toluene, ethyl-benzene and
xylenes (BTEX) in the subsurface.
Releases of fuel oxygenates occur
during manufacture, distribution,
storage, and use, particularly from
point sources such as underground
storage tanks, pipelines and refueling
facilities. The Toxic Release Inventory
(TRI) estimates that MTBE releases in
the United States exceeded 3.3 million
pounds in 1994. EPA has not
established water quality criteria for
fuel oxygenates for protection of
freshwater or marine aquatic life. The
American Petroleum Institute (API)
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23526
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
recently completed a search and
evaluation of extant literature on acute
and chronic toxicity of oxygenates for
aquatic organisms and provided the
results to EPA. From the data gaps
identified through that effort, testing to
fill critical needs is expected to be
conducted within a year of the API
submission. Current actions should
provide an appropriate basis for later
determining whether additional effects
testing or research is needed.
Most of the testing and research on the
toxicity of oxygenates has been
concerned on the effects of inhaled
MTBE in laboratory and human
volunteers. Virtually no information
exists on the effects of ingested
oxygenates on humans, with the
notable exception of the extensive
database on the health effects of
ingested alcohol. The lack of an
adequate health effects database has
made it difficult to develop a final
drinking water Health Advisory or
derive an oral Reference Dose (RfD) for
MTBE and other oxygenates. Further
subchronic and chronic data are
necessary to develop a final Health
Advisory. This action, would be a
cooperative effort between EPA and
Industry to conduct a testing program,
to develop the needed data.
Timetable:
Action
Date FR Cite
Notice Solicit
Interested Parties
Notice EGA
07/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4174
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: George Semeniuk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-2134
Fax: 202 401-3672
Email: semeniuk.george@epa.gov
Charles M. Auer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
RIN: 2070-AD28
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3359. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 1101 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: When TRI was established by
Congress in 1986, the statutory
language placed 309 chemicals and 20
categories of chemicals on the TRI list;
that is referred to as the original TRI
list. The chemicals on the original list
were taken from two existing lists of
toxic substances: the Maryland
Chemical Inventory Report List of
Toxic or Hazardous Substances, and the
New Jersey Environmental Hazardous
Substances list. This action constitutes
the first systematic review of toxicology
and environmental data for all the
chemicals on the original TRI list to
determine whether data for those
chemicals conform with the statutory
criteria for listing of chemicals on TRI.
Chemicals for which data do not meet
the statutory criteria will be delisted.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4015
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD18
3360. LEAD-BASED PAINT ACTIVITIES
RULES; TRAINING, ACCREDITATION,
AND CERTIFICATION RULE AND
MODEL STATE PLAN RULE-
BUILDING AND STRUCTURES
SECTION 402(A)
Priority: Other Significant
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 15 USC 2603 TSCA
Title IV; PL 102-550 sec 402; PL 102-
550 sec 404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23527
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Model State program which may be
adopted by any State which seeks to
administer and enforce a State Program.
EPA promulgated regulations for
training and certification of training
programs for LBP activities and child
occupied facilities in 1996. Regulations
for LBP activities in public and
commercial buildings and bridges and
other structures are still under
development.
Timetable:
Action
Date FR Cite
NPRM 1 (Residential) 09/02/94 59 FR 45872
Final Action 1 08/29/96 61 FR 45778
(Residential)
Int Final Rule Minor 08/04/98 63 FR 41430
Amendment to
Grant Provisions
NPRM 2 (Buildings & 02/00/01
Structures)
Final Action 2 12/00/01
(Buildings &
Structures)
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4376
See discussion of related rules in Reg.
Plan entry (RIN 2070-AD06).
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1777
Fax: 202 260-0770
Email: cantor.doreen@epa.gov
Mark Henshall, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
RIN: 2070-AC64
3361. MULTI-CHEMICAL TEST RULE;
HIGH PRODUCTION VOLUME
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611-12; 15 USC 2625-26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: This action is related to Vice
President Gore's challenge to industry
on the eve of Earth Day, April 21, 1998,
to come forward quickly with needed
test data on high production volume
(HPV) chemicals. This challenge
encompasses approximately 2,800
chemicals which are manufactured
(including imported) in the aggregate at
more than 1 million pounds on an
annual basis. The data needed on these
chemicals are: acute toxicity, repeat
dose toxicity, developmental and
reproductive toxicity; mutagenicity;
ecotoxicity and environmental fate.
This rule will require testing and
recordkeeping requirements for
chemicals for which industry does not
voluntarily agree to provide testing in
a timely manner. The action is part of
the Chemical Right-to-Know Initiative,
which is described in the Regulatory
Plan. Industry has volunteered to
conduct needed testing on about 1,100
of these HPV chemicals. The first rule
will propose testing for unsponsored
HPV chemicals with substantial worker
exposure. Future rules will encompass
the remaining chemicals.
Timetable:
Action
Date FR Cite
NPRM 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3990
See also the Regulatory Plan entry
entitled Chemical Right-to-Know
Initiative (RIN 2070-AD25; SAN 4176).
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Keith Cronin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AD16
3362. TEST RULES; GENERIC ENTRY
FOR PROPOSED DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
Abstract: EPA is proposing to require
testing via rule, or will obtain testing
through negotiated enforceable consent
agreements (EGAs) or publish a notice
which provides the reasons for not
doing so. These chemicals have been
designated for priority testing
consideration by the ITC, recommended
for testing consideration (for which the
12-month statutory requirement does
not apply), or they have been identified
for testing consideration by other EPA
program offices and through EPA
review processes.
Timetable:
Action
Date FR Cite
NPRM ITC II 06/00/00
Chemicals (ITC List
28)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3494
NPRM must be published within one
year of ITC designation.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Keith Cronin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AB07
3363. TEST RULES; NEGOTIATED
CONSENT ORDER AND TEST RULE
PROCEDURES
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790; 40 CFR 791;
40 CFR 799
Legal Deadline: None
Abstract: This action will amend the
testing consent order and test rule
development process to increase
efficiency. The consent order process
was adopted by the Agency in June
1986. Based on experience to date, the
Agency needs to make changes in the
process to reduce the resources
required for consent order negotiation.
This rule would propose appropriate
procedural changes. Obsolete
provisions will be eliminated for test
rule development activities.
Timetable:
Action
Date FR Cite
Interim Final Rule
Interim Final Rule
Interim Final Rule
(Technical
Modification)
NPRM
05/17/85 50 FR 20652
06/30/86 51 FR 23706
09/01/89 54 FR 36311
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2245
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AB30
3364. TEST RULE; ATSDR
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 15
USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of certain chemicals to fulfill data
needs identified by the Agency for
Toxic Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i).
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program.
Data from this action would provide
specific information about the
substances for the public and scientific
community. The information would be
used in conducting comprehensive
public health assessments of
populations living near hazardous
waste sites. Scientific data improves the
quality of risk assessments used by
EPA, other Federal agencies, and State
and local governments. The risk
assessments affect standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment.
Timetable:
Action
Date
FR Cite
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2563
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.robert@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AB79
3365. TEST RULE FOR CERTAIN
METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26; 42 USC 9604(i) CERCLA
NPRM
09/00/00
Regulatory Flexibility Analysis
Required: No
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of certain metals to fill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(1). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23529
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. The metals are also
hazardous air pollutants (HAPs) under
the Clean Air Act (CAA) section 112.
Data from this action would also be
used to implement several provisions
of section 112 of the CAA, including
determining risks remaining after the
application of technology based on
standards under section 112(d) of the
CAA, estimating the risks associated
with accidental releases, and
determining whether or not substances
should be removed from the CAA
section (b)(l) list of HAPs (delisting).
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3882
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.robert@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AD10
3366. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40b CFR 710
Legal Deadline: None
Abstract: EPA has established a
program to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM 2,4-
Pentanedione
SNUR
NPRM Chloranil
NPRM Benzidine-
based Chemical
Substances
Final Action
Benzidine-based
Chemical
Substances
NPRM Flame
Retardant
Chemicals
NPRM Amendment to
Benzidine-based
Chemical
Substances SNUR
NPRM Heavy Metal-
Based Pigments in
Aerosol Spray
Paints SNUR
NPRMo-Tolidine&o-
Dianisidine-based
Dyes (Benzidine
Congener Dyes)
NPRM 2,4-
Pentanedione
SNUR (Reproposal)
NPRM 2-
Ethoxyethanol & 2-
Methoxyethanol &
2-Methoxyethanol
Acetate
NPRM
Methylcyclopentane
SNUR
NPRM p-Aminophenol
& Bromochloro-
methane 8(a)
Chemical Specific
Rule
Final Action
Amendment to
Benzidine-based
Chemical
Substances SNUR
09/27/89 54 FR 39548
05/12/93 58 FR 27980
08/30/95 60 FR 45119
10/07/96 61 FR 52287
12/00/00
12/00/00
12/00/00
12/00/00
12/00/00
05/00/01
05/00/01
05/00/01
06/00/01
Final Action Final 06/00/01
Chloranil SNUR
NPRM Certain 10/00/01
Chemical
Substances No
Longer in
Production SNUR
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 1923
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Mary Dominiak,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
Barbara Leczynski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3945
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
RIN: 2070-AA58
3367. TSCA BIOTECHNOLOGY
FOLLOW-UP RULES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2604 TSCA
5(a)
CFR Citation: 40 CFR 720; 40 CFR 725
(Revision)
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology rule under the Toxic
Substances Control Act (TSCA), EPA
plans to address two actions. (1)
Intergeneric Scope of Oversight: OPPT
currently defines new microorganisms
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23530
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
which are subject to reporting under
TSCA section 5 as those resulting from
the deliberate combination of genetic
material originally isolated from
microorganisms classified in different
taxonomic genera. Such
microorganisms are referred to as
intergeneric microorganisms. EPA
indicated in its 1994 proposed
biotechnology regulations that it may
reconsider its interpretation of new
microorganism in a later rulemaking,
based on the more current state of
scientific knowledge about the manner
in which genetic material is exchanged
among microorganisms in the
environment. (2) TSCA Oversight of
Transgenic Plants: Certain transgenic
plants which express products or
which are used for purposes subject to
EPA jurisdiction under TSCA may be
used for commercial purposes in the
United States without oversight by
EPA. Such uses include: plants used
as intermediates to produce industrial
grade oils; and plants used for
phytoremediation (cleanup of
contaminated soils). Section 5 of TSCA
requires that new chemical substances
be reviewed by the Agency prior to
their introduction into commerce. In its
proposed rule, 59 FR 45526 (September
1, 1994), EPA stated that it was
reserving jurisdiction over certain
transgenic plants and animals: Plants
and animals could also be chemical
substances under TSCA. EPA is
reserving authority under TSCA to
screen transgenic plants and animals in
the future as needed, 59 FR 45526,
45527 (September 1, 1994). This action
will address whether EPA should
exercise jurisdiction under TCSA over
products produced by transgenic
plants, and/or certain plants.
Timetable:
Action
Date
FR Cite
PolicyStatemenl 2 12/00/00
TSCA Plants
Oversight Policy
NPRM(1) Intergeneric 12/00/00
Scope of Oversight
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3894
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
RIN: 2070-AD13
3368. ASBESTOS WORKER
PROTECTION RULE AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 TSCA
sec 6; 15 USC 2607 TSCA sec 15; 15
USC 2614 TSCA sec 15; 15 USC 2615
TSCA sec 16
CFR Citation: 40 CFR 763
Legal Deadline: None
Abstract: EPA is proposing to amend
the Asbestos Abatement Projects,
Worker Protection Rule (WPR), by
incorporating certain revisions that
were made to the Occupational Safety
and Health Administration (OSHA)
asbestos workplace standards issued
since EPA's WPR was promulgated in
1987 to the extent that the OSHA
revisions are consistent with applicable
EPA statutes. The proposal would
generally extend the coverage provided
under the OSHA Asbestos Standard for
Construction to State and local
government employees who are not
covered by OSHA or EPA approved
State plans. EPA also proposes to
delegate authority to grant or deny
State exclusions under the WPR to EPA
Regional Administrators and to add
compliance and enforcement
requirements for State exclusions. In
addition, EPA is proposing to amend
the Asbestos-Containing Materials in
Schools Rule by relocating certain
worker protection provisions relating to
schools, which are currently contained
in that rule, to the WPR.
Timetable:
Action
Date FR Cite
11/01/94 59 FR 54746
05/00/00
NPRM(1)
NPRM (2)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2249
Also please see entry for 2070-AC62
Sectors Affected: 92311
Administration of Education Programs;
92312 Administration of Public Health
Programs; 92411 Air and Water
Resource and Solid Waste Management;
92111 Executive Offices
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Cindy Fraleigh, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC66
3369. LEAD-BASED PAINT
ACTIVITIES; TRAINING AND
CERTIFICATION FOR RENOVATION
AND REMODELING SECTION 402(C)(3)
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2603 TSCA
Title IV; PL 102-550 Sec 402(c)(3)
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory,
October 31, 1996.
Abstract: Under section 402(c)(2) of
TSCA Title IV, EPA conducted a study
of the extent to which persons engaged
in renovation and remodeling activities
in target housing are exposed to lead
in the conduct of such activities or
disturb lead and create a lead-based
paint hazard. EPA must use the results
of this study and consult with
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23531
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
interested parties to determine which
categories of renovation and remodeling
activities require training and
certification. EPA must then revise the
training and certification regulations
originally developed for individuals
performing lead-based paint abatement
under section 402(c)(a) of TSCA Title
IV to apply them to the renovation and
remodeling categories. If EPA
determines that any category does not
require certification, EPA must publish
an explanation of the basis for that
determination.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
12/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Tribal,
Local, Federal, State
Additional Information: SAN No. 3557
Sectors Affected: 54138 Testing
Laboratories; 531311 Residential
Property Managers; 23321 Single
Family Housing Construction; 23322
Multifamily Housing Construction;
23521 Painting and Wall Covering
Contractors; 23551 Carpentry
Contractors; 23599 All Other Special
Trade Contractors; 53111 Lessors of
Residential Buildings and Dwellings
Agency Contact: Mark Henshall,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
RIN: 2070-AC83
3370. LEAD; NOTIFICATION
REQUIREMENTS FOR LEAD-BASED
PAINT ABATEMENT ACTIVITIES AND
TRAINING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2682 TSCA
402; 15 USC 2687 TSCA 407; PL 102-
550
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: EPA is issuing this rule
under the authority of Section 407 of
the Toxic Substances Control Act
(TSCA) to establish notification
procedures for lead abatement
professionals (certified under 40 CFR
745.226) conducting lead-based paint
activities, and training programs
(accredited under 40 CFR 225)
providing lead-based paint activities
courses. Specifically, this rule seeks to
establish procedures to notify the
Agency prior to commencement of
lead-based paint abatement activities as
required by 40 CFR 745.227(e)(4). In
addition, this rule seeks to establish
provisions which would require
training programs accredited under 40
CFR 745.225 to notify the Agency
under the following conditions: 1) prior
to providing lead-based paint activities,
training , and 2) following completion
of lead-based paint activities courses.
These notification requirements are
necessary to provide EPA compliance
monitoring and enforcement personnel
with information necessary to track
compliance activity and to prioritize
inspections. This rule supports 40 CFR
part 745, subpart L to ensure that lead
abatement professionals who inspect,
assess and remove lead-based paint,
dust or soil are well qualified, trained,
and certified to conduct these activities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Tribal, Local
Additional Information: SAN No. 4172
This action has been split off from the
action entitled Fees for Accreditation
and Certification of Lead-Based Paint
Activities (SAN 3881; 2070-ADll).
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
Mark Henshall, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
RIN: 2070-AD31
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3371. TSCA INVENTORY UPDATE
RULE AMENDMENTS
Priority: Other Significant
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: This action would amend the
current Toxic Substances Control Act
(TSCA) Inventory Update Rule (IUR) to
require chemical manufacturers to
report to EPA data on exposure-related
information and the industrial and
consumer end uses of chemicals they
produce or import. Currently, EPA
requires chemical manufacturers to
report the names of the chemicals they
produce, as well as the locations of
manufacturing facilities and the
quantities produced. About 3,000
facilities reported data on about 9,000
unique chemicals during the last
reporting cycle under the IUR. Data
obtained would be used by EPA and
others to: better understand the
potential for chemical exposures;
screen the chemicals now in commerce
and identify those of highest concern;
establish priorities and goals for their
chemical assessment, risk management
and prevention programs, and monitor
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23532
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
the programs' progress; encourage
pollution prevention by identifying
potentially safer substitute chemicals
for uses of potential concern; and
enhance the effectiveness of chemical
risk communication efforts.
Additionally, EPA will consider other
amendments to the IUR. These include
removing the inorganic chemicals
exemption; providing the information
to better assess and manage risks of
inorganic chemicals; improving the
linkages of IUR data to other data
sources to enhance the data's
usefulness; and altering the confidential
business information (CBI) claim
procedures to reduce the frequency of
CBI claims, allowing the public greater
access to relevant information on toxic
chemicals. EPA has held meetings with
representatives of the chemical
industry, environmental groups,
environmental justice leaders, labor
groups, State governments and other
Federal agencies to ensure public
involvement in the TSCA Inventory
Update Rule Amendments Project.
Timetable:
Action
Date FR Cite
NPRM
Notice Comment
Extension
Final Rule
08/26/99 64 FR 46771
10/22/99 64 FR 56998
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3301
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: Robert Lee,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406, Washington,
DC 20460
Phone: 202 260-0676
Fax: 202 260-1661
Email: lee.robert@epa.gov
Susan Krueger, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7406, Washington, DC
20460
Phone: 202 260-1713
Fax: 202 260-1661
Email: krueger.susan@epa.gov
RIN: 2070-AC61
3372. LEAD; TSCA SECTION 403;
IDENTIFICATION OF DANGEROUS
LEVELS OF LEAD
Priority: Economically Significant
Legal Authority: 15 USC 2683
CFR Citation: 40 CFR 745
Legal Deadline: NPRM, Judicial, May
26, 1998, Consent Decree.
Final, Judicial, December 22, 2000.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
(Title X) amended TSCA by adding a
new Title IV. TSCA section 403
requires EPA to promulgate regulations
that identify lead-based paint hazards,
lead-contaminated dust and lead-
contaminated soil for the purposes of
TSCA Title IV as well as for the entire
Title X. EPA developed an interim
guidance document in July 1994, to
provide public and private decision-
makers with guidance on identifying
and prioritizing lead-based paint
hazards for control. This interim
guidance, which was subsequently
published in 1995 (60 FR 47248,
9/11/95), will continue to serve as
EPA's official policy until the final
TSCA section 403 rule is promulgated.
Timetable:
Action
Date FR Cite
NPRM
Notice Comment
Period Extended to
10/01/98
Notice Comment
Period Extended to
11/30/98
NPRM Correction
Notice Reopens
Comment Period to
03/01/99
Final Action
06/03/98 63 FR 30301
07/22/98 63 FR 39262
10/01/98 63 FR 52662
12/18/98 63 FR 70087
01/14/99 64 FR 2460
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3243
Agency Contact: Mark Henshall,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
Jonathan Jacobson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3779
Fax: 202 260-0770
Email: jacobson.jonathan@epa.gov
RIN: 2070-AC63
3373. TEST RULES; GENERIC ENTRY
FOR FINAL DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is requiring testing via
rules, or will obtain testing through
enforceable consent agreements (EGAs)
or publish a notice which provides the
reasons for not doing so for chemicals
listed herein. These chemicals have
been designated for priority testing
consideration by the ITC or
recommended for testing consideration
(for which the 12-month statutory
requirement does not apply). The list
also includes chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes.
Timetable:
Action
Date
FR Cite
12/29/83 48 FR 57452
01/17/92 57 FR 2138
ANPRMAryl
Phosphates (ITC
List 2)
NPRMAryl
Phosphates (ITC
List 2)
Final Action-EGA Aryl 09/00/00
Phosphates (ITC
List 2)
NPRM Brominated 06/25/91 56 FR 29140
Flame Retardants
Final Action-EGA 08/05/99 64 FR 42692
Di Basic Esters
(CPSC)
Final Action ITC 12/00/00
Chemicals (ITC List
28)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3493
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23533
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Agency Contact: David R. Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405.
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AB94
3374. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 7412 CAA 112; 42 USC 7403
CAA 103; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Saction 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b], and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33178
Supplemental NPRM 12/24/97 62 FR 67466
Supplemental NPRM 04/21/98 63 FR 19694
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3487
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: David R. Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-0321
Fax: 202 401-3672
Email: leukroth.rich@epa.gov
RIN: 2070-AC76
3375. • TEST RULE; OSHA
CHEMICALS DERMAL TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
Abstract: EPA is proposing to require
manufacturers (which is defined by
statute to include importers) and
processors of 47 chemical substances of
interest to the Occupational Safety and
Health Administration (OSHA) to
conduct testing for in vitro dermal
absorption rate testing. These
chemicals, and others, were designated
for in vitro dermal absorption rate
testing in the 31st, 32nd, and 35th
Reports of the TSCA section 4(e)
Interagency Testing Committee (ITC) to
the EPA. Each of the chemical
substances included in this proposed
rule is produced in an amount equal
to or greater than one million pounds
per year. In addition, each of the
chemicals in this proposed rule was
identified in the National Occupational
Exposure Survey (NOES) has having a
total potential worker exposure of
greater than 1,000 workers. OSHA has
indicated that it needs quantitative
measures of dermal absorption rate in
order to evaluate the potential hazard
of these chemicals to workers.
Timetable:
Action Date FR Cite
NPRM OSHA 06/09/99 64 FR 31074
Chemical Dermal
Testing (ITC List 31,
32 & 35)
Final Action OSHA 06/00/00
Chemical Dermal
Testing
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4425
Please note that this entry was
previously identified under RIN 2070-
AB07. TSCA requires EPA to publish
the NPRM within one year of ITC
designation.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
RIN: 2070-AD42
3376. FOLLOW-UP RULES ON NON-
5(E) NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
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23534
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000 / Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
have completed premanufacture notice
(PMNJ review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
NPRM Alkyl & Sulfonic 06/11/86 51 FR21199
Acid & Ammonium
Salt (84-1056)
NPRM1-Decanimine- 12/08/87 52 FR 46496
N-Decyl-N-Methyl-
N-Oxide (86-566)
NPRM Aluminum 06/11/93 58 FR 32628
Cross-linked
Sodium
Carboxymethyl-
cellulose
Final Action Alkyl & 10/00/00
Sulfonic Acid &
Ammonium Salt (84-
1056)
Final Action 1- 10/00/00
Decanimine-N-
Decyl-N-Methyl-N-
Oxide (86-566)
Final Action Aluminum 10/00/00
Cross-linked
Sodium
Carboxymethyl-
cellulose
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
James Alwood, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
RIN: 2070-AA59
3377. CHEMICAL-SPECIFIC
SIGNIFICANT NEW USE RULES
(SNURS) TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
Final Action Batch
SNUR: 84-660/-704
&84-105/-106/-107
& 85-433
NPRM Aromatic
Amino Ether (P90-
1840)
Final Action Aromatic
Amino Ether (P90-
1840)
NPRM Alkenyi Ether
of Alkanetriol
Polymer (93-458)
Final Action Alkenyi
Ether of Alkanetriol
Polymer (93-458)
NPRM Certain
Chemical
Substances (91-
1299/95-166791-
129891-1297
Final Action Certain
Chemical
Substances (91-
1299/95-166791-
129891-1297
NPRM Certain
Chemical
Substances
Final Action Certain
Chemical
Substances
Direct Final Rule
Certain Chemical
Substances
08/00/00
06/06/94 59 FR 29255
06/00/00
12/19/94 59 FR 65289
06/00/00
06/26/97 62 FR 34421
06/00/00
09/09/98 63 FR 48157
06/00/00
01/05/00 65FR354
NPRM Batch SNUR:
84-660/-704 & 84-
105/-106/-107&85-
433
05/27/93 58 FR 30744
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3495
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
James Alwood, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
RIN: 2070-AB27
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23535
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3378. PCBS; POLYCHLORINATED
BIPHENYLS; EXEMPTIONS FROM THE
PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
sec 6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. In addition, the
Interim Procedural Rules were
amended to require certain petitioners
to reapply for EPA approval to continue
PCB activities previously approved by
EPA.
Timetable:
Action
Date FR Cite
12/06/94 59 FR 62875
02/00/01
09/00/01
NPRM(1)Groupl
Final Action Group I
NPRM(2)Groupll
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 2150
Sectors Affected: 211 Oil and Gas
Extraction; 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications; 6113 Colleges,
Universities and Professional Schools;
622 Hospitals; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
RIN: 2070-AB20
3379. REFRACTORY CERAMIC
FIBERS; SIGNIFICANT NEW USE
RULES ON NATIONAL PROGRAM
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6; 15 USC 2604 TSCA 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals. Proposed
rules may be published on at least the
chemicals listed on the timetable
below.
Timetable:
Action
Date FR Cite
NPRM Refractory 03/21/94 59 FR 13294
Ceramic Fiber
Final Action Refractory 03/00/01
Ceramic Fiber
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
RIN: 2070-AC37
3380. PCBS; POLYCHLORINATED
BIPHENYLS (PCBS)
RECLASSIFICATION OF PCB AND
PCB ELECTRICAL EQUIPMENT RULE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: This rule would relax the
regulatory requirements for
reclassifying PCB transformers and
other electrical equipment to a lower
regulatory status by modifying the
current reclassification requirements of
50 degree centigrade temperature and
90-day testing. Results of a preliminary
analysis indicate that many
transformers never reach the required
temperature during operation, but
retrofitting still successfully reduces
PCB concentration. Safety risks to
employees and to the general public
occur in mandating the continued
adherence to the current regulations.
EPA may also address the
reclassification of voltage regulators.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/18/93 58 FR 60970
07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3021
Sectors Affected: 622 Hospitals; 921
Executive, Legislative, Public Finance
and General Government; 6113
Colleges, Universities and Professional
Schools; 211 Oil and Gas Extraction;
2211 Electric Power Generation,
Transmission and Distribution; 31-33
Manufacturing; 5133
Telecommunications
-------
23536
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Tom Simons, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3991
Fax: 202 260-1724
Email: simons.tom@epa.gov
RIN: 2070-AC39
3381. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2646 TSCA
sec 206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments. The
upcoming notice of proposed
rulemaking (NPRM) will improve
harmony of the existing interim final
MAP with the Occupational Safety and
Health Administration's regulations to
the extent consistent with applicable
EPA statutes, and provide clarifications.
Timetable:
Action
Date
FR Cite
Model Plan
Interim Final Rule
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148
See related entry 2070-AC62.
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Cindy Fraleigh, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC51
3382. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
sec 8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions.
Timetable:
Action
Date
FR Cite
02/28/96 61 FR 7421
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98 63FR684
01/11/00 65 FR 1548
01/11/00
04/00/00
04/00/00
Final Action 37th ITC
List
Final Action 38th ITC
List
Final Action 38th ITC
List - Stay
Final Action 38th ITC
List - Stay/Technical
Amendments
Final Action 38th ITC
List - Revocation
Final Action 39th ITC
List
Final Action 41 st ITC
List
Final Action 42nd ITC
List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: John R. Harris,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
Paul Campanella, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
RIN: 2070-AB08
3383. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2607(d) TSCA
sec 8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23537
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Abstract: These rules require
manufacturers, importers and
processors to submit unpublished
health and safety data on chemicals
added to the requirements of the Toxic
Substances Control Act section 8(d)
Health and Safety Data Reporting Rule
(40 CFR part 716). These chemicals
have been identified by the Office of
Pollution Prevention and Toxics, other
EPA offices, and other Federal agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee.
Timetable:
Action
Date FR Cite
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98 63FR684
01/11/00 65 FR 1548
Final 38th ITC List
Final 38th ITC List -
Stay
Final 38th ITC List -
Stay/Technical
Amendment
Final Action 38th ITC
List - Revocation
Fi nal Action 39th, 41 st 07/00/00
and 42nd ITC List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: John Hams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
Paul Campanella, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
RIN: 2070-ABll
3384. ACRYLAMIDE; PROHIBITION ON
MANUFACTURE, IMPORTATION,
DISTRIBUTION AND USE OF
ACRYLAMIDE FOR GROUTING
Priority: Other Significant
Legal Authority: 15 USC 2607 TSCA
sec 8; 15 USC 2605 TSCA sec 6
CFR Citation: 40 CFR 764
Legal Deadline: None
Abstract: On October 2, 1991, EPA
proposed a regulation of acrylamide
and NMA grouts based on the
unreasonable risk associated with their
usage. EPA's rule would prohibit the
manufacture, distribution in commerce,
and use of acrylamide grout. In
February 1996, EPA reopened the
record for 30 days to take additional
comments, specifically to seek data on
the durability of acrylamide and NMA
grouts. The Agency has reviewed the
comments and expects to promulgate
the final rule in the Spring of 2000.
Timetable:
Action
Date FR Cite
NPRM
Notice Reopening
Record for
Comments on
Durability of NMA
Final Action
10/02/91 56 FR 49863
02/28/96 61 FR 7454
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2779
Sectors Affected: 23491 Water, Sewer,
and Pipeline Construction; 32519 Other
Basic Organic Chemical Manufacturing;
32519 Other Basic Organic Chemical
Manufacturing; 32519 Other Basic
Organic Chemical Manufacturing;
22132 Sewage Treatment Facilities;
23491 Water, Sewer, and Pipeline
Construction
Agency Contact: Charles Auer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
John Bowser, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-1771
Fax: 202 260-1096
Email: bowser.john@epa.gov
RIN: 2070-AC17
3385. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2607(e) TSCA
sec 8(e)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The TSCA section 8(e) Notice
of Clarification and Solicitation of
Public Comment would amend certain
aspects of the 1978 TSCA section 8(e)
Statement of Interpretation and
Enforcement Policy (1978 Policy
Statement). The 1978 Policy Statement
describes the types of information that
EPA considers reportable under section
8(e), the substantial risk reporting
provision of TSCA, and describes the
procedures for reporting such
information to EPA. This clarification
effort derives from a review of the
existing section 8(e) guidance done in
the context of questions raised by
companies considering participating in
the section 8(e) Compliance Audit
Program (CAP). As a result of this
review, EPA determined that parts of
the 1978 Policy Statement concerning
the reportability of information on
widespread and previously
unsuspected distribution in
environmental media and emergency
incidents of environmental
contamination needed some refinement.
The subject Federal Register action
solicited comment on refined reporting
guidance concerning widespread and
previously unsuspected distribution in
environmental media and provides
additional circumstances where
information is not reportable because it
is considered known to the
Administrator. Finally, the notice
solicited comments on changes to the
section 8(e) reporting deadline and
reaffirmed the standards for claims of
confidentiality for information
contained in a notice of substantial risk
under section 8(e).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/13/93 58 FR 37735
09/00/00
Regulatory Flexibility Analysis
Required: No
-------
23538
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3118
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Terry O'Bryan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7403, Washington,
DC 20460
Phone: 202 260-3483
Fax: 202 260-1216
Email: obryan.terry@epa.gov
Richard Hefter, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403, Washington, DC
20460
Phone: 202 260-3470
Fax: 202 260-1216
Email: hefter.richard@epa.gov
RIN: 2070-AC80
3386. NOTICE OF TSCA SECTION 4
REIMBURSEMENT PERIOD AND TSCA
SECTION 12(B) EXPORT
NOTIFICATION PERIOD SUNSET
DATES FOR TSCA SECTION 4
SUBSTANCES
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 799; 40 CFR 791;
40 CFR 707; 40 CFR 790
Legal Deadline: None
Abstract: EPA is developing a list of
substances that are or have been subject
to TSCA section 4 testing actions which
required testing under rules or
Enforceable Consent Orders. EPA will
identify sunset, or termination dates
that will identify: (1) the end of section
4 reporting requirements (40 CFR 790);
(2) the end of the reimbursement period
under which persons subject to test
rules are subject to an obligation to
reimburse test sponsors (40 CFR 791);
and (3) the end of the period during
which export notification requirements
under TSCA section 12(b) are triggered.
Timetable:
Action
Date
FR Cite
Final Action
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 3559
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: David R. Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AC84
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3387. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS SECTION 402(A)
Priority: Other Significant
Legal Authority: 15 USC 2601 to 2671;
42 USC 6901 to 6992
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements is
managed under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Other
Federal agencies (Department of
Housing and Urban Development,
Department of Health and Human
Services) and several States and
advocacy groups have expressed
concern that the costs associated with
the disposal of large volume
architectural components (e.g., doors
and windows) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances and the Office of Solid
Waste have initiated a joint rulemaking
to address the disposal of these
architectural components. This
rulemaking would develop disposal
standards for these components under
the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1)(B), includes disposal). The
TSCA regulations would establish
appropriate disposal standards for LBP
architectural components and identify
recycling and incineration activities
that would be controlled or prohibited.
To minimize duplication of waste
management requirements, EPA is
developing a companion RCRA rule to
suspend temporarily hazardous waste
management regulations applicable to
lead-based paint debris which will be
subject to the new TSCA standards.
Timetable:
Action
Date FR Cite
NPRM TSCA Proposal 12/18/98 63 FR 70189
Comment Extension 02/12/99 64 FR 7158
Extension of
Comment Period
Comment Extension 02/12/99 64 FR 7159
Extension of
Comment Period
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3508
This SAN and RIN includes RCRA
companion rule: Temporary Suspension
of Toxicity Characteristic Rule for
Specified Lead-Based Paint Debris.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23539
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Sectors Affected: 562111 Solid Waste
Collection; 233 Building, Developing
and General Contracting; 23321 Single
Family Housing Construction; 23332
Commercial and Institutional Building
Construction; 23521 Painting and Wall
Covering Contractors; 23542 Drywall,
Plastering, Acoustical and Insulation
Contractors; 23511 Plumbing, Heating
and Air-Conditioning Contractors;
23594 Wrecking and Demolition
Contractors; 23592 Glass and Glazing
Contractors; 54138 Testing Laboratories
Agency Contact: Mark Henshall,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
Dave Topping, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-7737
Fax: 202 260-0770
Email: topping.dave@epa.gov
RIN: 2070-AC72
3388. VOLUNTARY CHILDREN'S
CHEMICAL SAFETY TESTING
PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2625 TSCA
26; 15 USC 2611 TSCA 12; 15 USC
2603 TSCA 4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA will hold public
meetings to involve stakeholders in the
design and development of a voluntary
program to test commercial chemicals
to which children may have a high
likelihood of exposure. The purpose of
the voluntary testing program is to
obtain toxicity data needed to assess
the risk of childhood exposure to
commercial chemicals. The information
which is developed in the course of
the stakeholder involvement process
towards developing a voluntary testing
program may also be considered in the
development of a test rule. If an
adequate voluntary children's chemical
safety testing program fails to emerge
from the stakeholder involvement
process, EPA will proceed with
development of a test rule under
section 4 of the Toxic Substances
Control Act (TSCA). The purpose of
any future children's health initiatives
or test rules, is to improve our
understanding of the risks posed to
children's health by chemicals to which
they may be exposed to in the home,
school, and the environment.
Timetable:
Action
Date
FR Cite
Notice Initiation of
Stakeholder
Process- Notice of
Public Meetings
Notice Soliciation of
Participation for
Testing Program
NPRM
08/26/99 64 FR 46673
08/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2865
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8155
Fax: 202 401-3672
Email: roman.catherine@epa.gov
Ward Penberthy, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, 7405, Washington,
DC 20460
Phone: 202 260-3749
Fax: 202 401-3672
Email: penberthy.ward@epa.gov
RIN: 2070-AC27
3389. LEAD; REGULATORY
INVESTIGATION UNDER THE TOXIC
SUBSTANCES CONTROL ACT (TSCA)
TO REDUCE LEAD (PB)
CONSUMPTION AND USE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: This action initiates a
regulatory investigation under the
Toxic Substances Control Act (TSCA)
section 6 to determine if uses of lead
(Pb) present an unreasonable risk to
human health and the environment.
The investigation will involve
examination of the potential sources of
human or other exposure to lead
throughout the life cycle. Based on
information gathered EPA may propose
TSCA section 6(a) rules to control
existing or new uses of Pb which pose
an unreasonable risk to human health
or the environment, and to explore the
desirability and feasibility of
discouraging overall consumption of Pb
in general. Currently, EPA has ongoing
regulatory investigation on one specific
use of lead: fishing sinkers. EPA is
exploring a combination of approaches
to address human health and wildlife
exposure to lead fishing sinkers
including voluntary initiatives and
education campaigns. EPA is
developing materials to explain the
dangers of lead through misuse and
improper handling of lead sinkers. EPA
is working with States to generally
distribute such materials and to include
information on lead hazards to human
health and wildlife in State fishing
guidelines booklets.
Timetable:
Action
Date FR Cite
ANPRM 05/13/91 56 FR 22096
NPRM Proposed Ban 03/09/94 59 FR 11122
of Fishing Sinkers
Final Action Fishing 12/00/01
Sinkers
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1777
Fax: 202 260-0770
Email: cantor.doreen@epa.gov
Mark Henshall, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
RIN: 2070-AC21
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23540
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
3390. PCBS; POLYCHLORINATED
BIPHENYL; USE AUTHORIZATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605(e) TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The notice of proposed
rulemaking that was published on
December 6, 1994, covered the
manufacture (including import),
processing, distribution in commerce,
export use, disposal, and marking of
PCBs. On June 29, 1998, EPA issued
a final rule involving the disposal
related provisions. Other provisions,
e.g., certain use authorizations and
import provisions, were to be addressed
in separate actions. This rulemaking
addresses a use authorization for
certain non-liquid PCS applications,
which although currently in use have
never been authorized under the PCS
regulations at 40 CFR part 761.
Timetable:
Action
Date
FR Cite
06/10/91 56 FR 26738
12/06/94 59 FR 62788
06/29/98 63 FR 35384
12/10/99 64 FR 69358
ANPRM
NPRM
Final Action 1 PCB
Disposal Provisions
NPRM Notice of Data
Availability,
Reopening of
Comment Period
Final Action 2 Use 01/00/02
Authorizations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4179
Sectors Affected: 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 622 Hospitals;
6113 Colleges, Universities and
Professional Schools; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Peggy Reynolds, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3965
Fax: 202 260-1724
Email: reynolds.peggy@epa.gov
RIN: 2070-AD27
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3391. LEAD; OVERVIEW OF
RULEMAKINGS UNDER TSCA
SECTION 402, LEAD-BASED PAINT
ACTIVITIES FOR THE REGULATORY
PLAN
Priority: Economically Significant
CFR Citation: 40 CFR 745
Completed:
Reason
Date
FR Cite
Withdrawn This was 03/01/00
an overview RIN.
Each action now
listed separately.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Mike Wilson
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
Mark Henshall
Phone: 202 260-5089
Fax: 202 260-0770
Email: henshall.mark@epa.gov
RIN: 2070-AD06
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
3392. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11013
Pollution Prevention Act
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Section 6607(b) of the
Pollution Prevention Act of 1990 (PPA)
(Pub. L. 101-508) requires the addition
of several data elements to the Toxic
Chemical Release Inventory (TRI)
reporting requirements as promulgated
under section 313 of the Emergency
Planning and Community Right-to-
Know Act of 1986 (EPCRA) (Pub. L.
99-499). Section 313 of EPCRA requires
owners or operators of certain facilities
that manufacture, process, or otherwise
use listed toxic chemicals to annually
report their releases of these chemicals
to each environmental medium. The
PPA mandates that section 313 covered
facilities also report on source
reduction and recycling activities
relating to the toxic chemicals
beginning with the 1991 reporting year.
Since 1991 covered facilities have been
providing this information to EPA in
section 8, Source Reduction and
Recycling Activities, of EPA Form R.
On September 25, 1991 (56 FR 48475),
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23541
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
EPA proposed regulations which would
provide definitions and instructions for
reporting the PPA data elements on the
EPA Form R. In this action, EPA will
amend certain aspects of the September
25, 1991, proposed rule.
Timetable:
Action
Date
FR Cite
09/25/91 56 FR 48475
03/31/99 64 FR 15324
NPRM
Notice of Receipt
Combustion for
Energy Recovery
(Request To Modify)
Supplemental NPRM 12/00/00
Response 03/00/01
Combustion for
Energy Recovery
(Request To Modify)
Final Action 06/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 2847
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Sara Hisel McCoy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-7937
Fax: 202 401-8142
Email: hisel-mccoy.sara@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AC24
3393. TRI; REVISIONS TO THE
OTHERWISE USE ACTIVITY
EXEMPTIONS AND THE COAL
EXTRACTION ACTIVITIES EXEMPTION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) requires reporting from facilities
which manufacture or process at least
25,000 pounds of a listed chemical, or
otherwise use 10,000 pounds of a listed
chemical. In determining amounts of
listed chemicals that are manufactured,
processed or otherwise used, facilities
may be entitled to consider specific
exemptions from reporting. EPA is
presently reviewing a group of these
exemptions. The categories of
exemptions presently being
reconsidered by EPA are the structural
component exemption, the routine
janitorial and facility grounds
maintenance exemption, the personal
use exemption, the motor vehicle
maintenance exemption, and the intake
water/air exemption. Also known as the
otherwise use exemptions because they
are limited to otherwise use activities,
these exemptions are expressly
provided for at 40 CFR 372.38(c). EPA
is also considering changes to the coal
mining extraction activities exemption
provided for at 40 CFR 372.38(g).
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4265
By Statute and Regulation, this rule
will affect SIC codes 20-39, 10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Lawrence A. Reisman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 2844
Phone: 202 260-2301
Fax: 202 401-8142
Email: reisman.larry@epa.gov
RIN: 2070-AD39
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
3394. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY
Priority: Routine and Frequent. Major
status under 5 USC 801 is
undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: These actions grant or deny
petitions received to add or delete or
modify chemicals on the list of toxic
chemicals under section 313 of the
Emergency Planning and Community
Right to Know Act (EPCRA) that are
subject to reporting under the Toxic
Chemical Release Reporting Rule. The
actions cover individual chemicals or
groups of chemicals for which petitions
have been received.
Timetable:
Action
Date
FR Cite
Notice DBNPA 10/27/95 60 FR 54949
(Request to Delete)
Proposed Rule Dioxin 05/07/97 62 FR 24887
& Dioxin-like
Compounds
(Furans & PCBs)
(Req. to Add)
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23542
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
Action
Date
FR Cite
01/23/98
03/30/98
63 FR 3566
63 FR 15195
01/05/99 64FR688
02/23/99
02/23/99
64 FR 8774
64 FR 8775
Notice of Denial
Phosphoric Acid
(Request to Delete)
Notice of Denial
Methyl Ethyl Ketone
(MEK) (Request to
Delete)
Amendments to
Proposed Rule
Dioxin & Dioxin-like
Compounds
(Furans & PCBs)
(Req. to Add)
NPRM Chromite Ore
(Request to Delete)
NPRM Chromite Ore
from Transvaal Reg.
ofS.A.
Notice of Denial
Methyl Isobutyl
Ketone (MIBK)
(Request to Delete)
Notice of Denial
Acetonitrile
(Request to Delete)
Final Response Dioxin
& Dioxin-like
Compounds
(Furans & PCBs)
(Req. to Add)
Response Alloys-
Chrominum & Nickel
& and Copper Alloys
(Req to Modify)
Response Chromium,
Antimony, Titanite
Petition
Final Action Chromite
ore from Transvaal
Final Response
DBNPA (Request to
Delete)
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2425
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
02/23/99 64 FR 8769
03/05/99 64 FR 10597
10/29/99 64 FR 58666
04/00/00
06/00/00
06/00/00
11/00/00
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-ACOO
3395. TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
facilities which manufacture or process
at least 25,000 pounds of a listed
chemical, or otherwise use 10,000
pounds of a listed chemical. These
thresholds were initially established
under the Emergency Planning and
community Right-To-Know Act
(EPCRA) section 313(f)(l). Section
313(f)(2) of EPCRA gives the
Administrator the power to establish a
threshold amount for a toxic chemical
different from the amount established
by paragraph (1), and that such altered
thresholds may be based on classes of
chemicals. EPA is considering lowering
the thresholds for certain persistent
bioaccumulative toxic (PBT) chemicals
and has issued a proposed rule that sets
out the criteria EPA intends to use for
determining if a chemical is persistent
and bioaccumulative under EPCRA
section 313. EPA is currently
conducting analysis to determine if
lead and lead compounds meet the
proposed criteria for persistence and
bioaccumulation and whether the
EPCRA section 313 reporting thresholds
should be lowered. EPA is also
evaluating the environmental fate of
lead.
Timetable:
Action
Date
FR Cite
NPRM
Notice Extension of
Comment Period to
11/01/99
Notice Extension of
Comment Period to
12/16/99
Final Action
08/03/99 64 FR 42222
09/21/99 64 FR 51093
10/29/99 64 FR 58370
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4259
By Statute and Regulation, this rule
will affect SIC codes 20-39, 10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD38
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23543
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3396. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 11048; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: On November 30, 1994, EPA
added 286 chemicals and chemical
categories to the EPCRA section 313
list, including 39 chemicals as part of
two delineated categories. Each
chemical and chemical category was
found to meet the statutory criteria
described in EPCRA section
313(d)(2)(A)-(C). At this time, EPA
deferred final action on 40 chemicals
and one chemical category until a later
date. These were deferred because the
comments received on them raised
difficult technical or policy issues
which required additional time to
address. EPA chose not to delay final
action on the 286 chemicals and
chemical categories because of the
additional time needed to address the
issues surrounding the smaller group of
40 chemicals and one chemical
category; rather, EPA believed it to be
in the spirit of community right-to-
know to proceed with the final
rulemaking of the additional chemicals
and chemical categories.
Timetable:
Action
Date FR Cite
NPRM 01/12/94 59 FR 1788
Final Finalizes Listing 11/30/94 59 FR 61432
of 286 Chemicals
and Chemical
Categories
Supplemental NPRM 12/00/01
Deferred Chemicals
Final Action Deferred 12/00/02
Chemicals
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3007
Includes SIC codes: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Sectors Affected: 42269 Other
Chemical and Allied Products
Wholesalers
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Daniel R. Bushman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 2844
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
RIN: 2070-AC47
3397. TRI; DATA EXPANSION
AMENDMENTS; TOXIC CHEMICAL
RELEASE REPORTING; COMMUNITY
RIGHT-TO-KNOW
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA;
42 USC 11023; 42 USC 11048; 42 USC
11076;42 USC 13106
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The original Toxics Release
Inventory (TRI) required reporting from
manufacturing facilities on the releases
and other waste management activities
including waste treatment and disposal
methods. This requirement was
imposed under the Emergency Planning
and Community Right-to-Know Act
(EPCRA) section 313(g). Information on
waste management practices, including
recycling, energy recovery, and source
reduction activities, were added to TRI
pursuant to the 1990 passage of the
Pollution Prevention Act. EPA is
currently considering whether
additional data elements related to a
mass balance/materials accounting
program should be considered for
incorporation into the TRI database.
The additional data elements included
for consideration include: quantity
brought on site; quantity produced on
site; quantity consumed on site;
quantity contained in or as product;
quantity stored on site as waste; and
beginning and ending raw materials
inventory. The issue of collecting mass
balance/materials accounting
information has been debated for over
a decade. Congress, in enacting EPCRA,
directed the National Academy of
Sciences (NAS) to study this issue
further. NAS recommended that the
issue of adding materials accounting
data merited further analysis. Because
of competing priorities, this project is
currently on hold. No activities are
planned for 2000.
Timetable:
Action
Date
FR Cite
NPRM
NPRM
10/01/96 61 FR51322
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 3877
SECTORS AFFECTED: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094) Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-7937
Fax: 202 401-8142
Email: hisel-mccoy.sara@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD08
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23544
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3398. TRI; ADDITION OF OIL AND GAS
EXPLORATION AND PRODUCTION TO
THE TOXIC RELEASE INVENTORY
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 1108; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The original Toxics Release
Inventory (TRI) required reporting from
facilities in Standard Industrial
Classification (SIC) codes 20-39. These
SIC codes cover facilities whose
primary economic activity was
classified as manufacturing. This
requirement was specified under the
Emergency Planning and Community
Right-To-Know Act (EPCRA1 section
313(b)(l)(A). EPCRA section
313(b)(l)(B) and (b)(2) provide the
Administrator with the authority to add
or delete SIC codes and the discretion
to add particular facilities based on a
broad set of factors. The Environmental
Protection Agency (EPA) has recently
expanded this original list of covered
industries. EPA began additional
analyses to determine whether facilities
which perform exploration and
production of oil and gas should also
be added to the list of facilities covered
under EPCRA section 313. Facilities
recently added include certain electric
generating facilities, waste management
facilities, metal and coal mining,
hazardous waste treatment facilities,
solvent recyclers, and wholesale
distributors of chemicals and petroleum
products.
Timetable:
Action
Date FR Cite
ANPRM 09/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4023
Program is implemented at the Federal
level. States are designated as co-
recipients of the information, but are
not required to manage the information
in any particular manner.
Sectors Affected: 211111 Crude
Petroleum and Natural Gas Extraction
Agency Contact: Tim Crawford,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-1715
Fax: 202 401-8142
Email: crawford.tim@epa.gov
Maria J. Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844,
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD19
3399. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021;42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This rule will
include: reporting thresholds for rock
salt, sand, gravel and other chemicals
that pose minimal risk; plain language
rewrite; and may consider reporting
thresholds for facilities with some
similarities to gas stations (motor pools,
marinas, etc.) and guidance on
approaches to State flexibility.
Timetable:
Action
Date
FR Cite
06/08/98 63 FR 31268
08/00/01
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3215
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
RIN: 2050-AE17
3400. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHSS)
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA has received a petition
to remove Phosmet from the extremely
hazardous substance (EHS) list under
the Emergency Planning and
Community Right-to-Know Act
(EPCRA). This rulemaking will address
the petitioner's claims.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3994
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
RIN: 2050-AE42
3401. MODIFICATION OF THRESHOLD
PLANNING QUANTITY FOR
ISOPHORONE DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23545
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: On October 12, 1994 (59 FR
51816), EPA proposed to modify the
listing of several chemicals r>n the
extremely hazardous substances (EHS)
list under the Emergency Planning and
Community Right-to-Know Act. One
petitioner requested the removal of
isophorone diisocyanate (IPDI). EPA
rejected the petitioner's request.
However, in the review of the petition,
EPA noticed that there was an error in
the setting of the threshold planning
quantity (TPQ) for IPDI, and proposed
to correct the error in the October 12,
1994 notice of proposed rulemaking.
The other modifications to the EHS list
were made final on May 7, 1996;
however, the TPQ for IPDI was not
included in that final rule. This rule
will finalize the TPQ for IPDI.
Timetable:
Action
Date
FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3993
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-2250
Fax: 202 260-0927
RIN: 2050-AE43
3402. • TRI: APA PETITION-EPCRA
313 DEFINITION OF "OVERBURDEN"
AS IT RELATES TO THE MINING
INDUSTRY.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The regulatory definition for
EPCRA section 313 defines
"overburden" to mean any
unconsolidated material that overlies a
deposit of useful material or ores. It
does not include any portion of ore or
waste rock. "Overburden" generally
lacks any recoverable materials and
contains only trace amounts of EPCRA
section 313 chemicals. Under section
313, all activities related to
"overburden" are exempt from
threshold determinations and release
and other waste management
calculations because "overburden"
contains TRI chemicals in negligible
amounts and reporting is unlikely to
provide the public with valuable
information. On December 22, 1998, the
National Mining Association (NMA)
petitioned EPA, pursuant to the
Administrative Procedures Act (APA)
to change the current EPCRA 313
definition of "overburden" to include
both consolidated material and
unconsolidated material. By making
such a change, consolidated material
that overlies an ore deposit would be
eligible for the "overburden"
exemption (i.e., "overburden" generally
lacks any recoverable minerals and
contains only trace amounts of EPCRA
section 313 chemicals). NMA asserts
that EPA's definition of "overburden"
is inconsistent with that of industry.
NMA considers "overburden" to be all
material, both consolidated and
unconsolidated, that overlies an ore
deposit of useful material and must be
removed to allow access to ore deposit.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
06/00/01
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4392
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 2844
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Peter South, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 2844,
Washington, DC 20460
Phone: 202 260-5997
Fax: 202 401-8142
Email: south.peter@epa.gov
RIN: 2070-AD41
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Completed Actions
3403. TRI; REPORTING THRESHOLD
AMENDMENT FOR CERTAIN
PERSISTENT AND
BIOACCUMULATIVE TOXIC
CHEMICALS (PBTS)
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Final Action 10/29/99 64 FR 58370
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Sectors Affected: 42269 Other
Chemical and Allied Products
Wholesalers
Agency Contact: Daniel R. Bushman
Phone: 202 260-3882
Email: bushman.daniel@epa.gov
Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD09
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23546
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
Proposed Rule Stage
3404. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS; RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT SECTION
112(R)(7); DISTRIBUTION OF OFF-SITE
CONSEQUENCES ANALYSIS
INFORMATION
Priority: Other Significant
Legal Authority: PL 106-40
CFR Citation: 40 CFR 68
Legal Deadline: Final, Statutory,
August 5, 2000, See Description in
Additional Information.
Abstract: Section 112(r)(7) of the Clean
Air Act Amendments of 1990, and the
regulations promulgated under that
section, require certain stationary
sources to report an Off-site
Consequence Analysis (including a
worst-case release scenario) in a Risk
Management Plan that is available to
the public. On August 5, 1999 the
President signed the Chemical Safety
Information, Site Security and Fuels
Regulatory Relief Act. Section 3 (a) of
the Act requires the President to assess
the increased risk of terrorist and other
criminal activities associated with
posting off-site consequence analysis
information on the Internet and the
incentives created by public disclosure
of this information for reduction in the
risk of accidental releases. Based on
this assessment, the President is
required to promulgate regulations
governing the distribution of off-site
consequence analysis information that,
in the opinion of the President,
minimizes the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated the authority to the Attorney
General and the Administrator of EPA
to promulgate regulations, based on the
assessments, governing the distribution
of off-site consequence analysis
information.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
04/00/00
07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4345
Final rule one year after date of
enactment of the legislation (08/05/99)
or lose FOIA exemption for Off-site
consequence analysis.
Agency Contact: John Ferris,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
RIN: 2050-AE80
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
Final Rule Stage
3405. AMENDMENTS TO THE LIST OF
REGULATED SUBSTANCES AND
THRESHOLDS FOR ACCIDENTAL
RELEASE PREVENTION; FLAMMABLE
SUBSTANCES USED AS FUEL OR
HELD FOR SALE AS FUEL AT RETAIL
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-40
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: On August 5, 1999 the
President signed the Chemical Safety
Information, Site Security and Fuels
Regulatory Relief Act (Public Law 106-
40). This Act, among other things,
prohibits EPA from regulating
flammable substances under Clean Air
Act (CAA) Section 112(r) when those
substances are used as fuel or held for
retail sale as fuel. This rulemaking will
conform the existing rules
implementing CAA Section 112(r) to
the portions of Public Law 106-40
related to flammable fuels.
Timetable:
Action
Date
FR Cite
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4302
Agency Contact: James Belke,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7314
Fax: 202 260-0927
Email: belke.james@epa.gov
Breeda Reilly, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104,
Washington, DC 20460
Phone: 202 260-0716
Fax: 202 260-0927
Email: reilly.breeda@epa.gov
RIN: 2050-AE74
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3406. REGULATORY DETERMINATION CFR Citation: Not Yet Determined
ON REMAINING WASTES FROM THE
COMBUSTION OF FOSSIL FUELS
Priority: Other Significant
Legal Authority: 42 USC 692l(b)(3)(C)
RCRA sec 3001(b)(3)(C)
Legal Deadline: Other, Judicial, April
10, 2000, Regulatory Determination for
Phase II Remaining Waste.
Other, Statutory, October 1, 1999,
Regulatory Determination for Phase II
Remaining Waste.
Abstract: On December 1, 1992, the
Agency determined that additional
study of four large-volume wastes —
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Federal Register /Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23547
EPA—Resource Conservation and Recovery Act (RCRA)
Prerule Stage
fly ash, bottom ash, boiler slag and flue
gas emission control wastes — from the
combustion of coal by electric utility
power plants was not necessary. A
Final Regulatory Determination on
these wastes was signed on August 2,
1993 and published in the Federal
Register on August 9, 1993. The Agency
also determined that for the remaining
fossil-fuel combustion wastes,
additional data collection is necessary
to make a Regulatory Determination on
these wastes. A Final Regulatory
Determination is due per court order
by April 10, 2000. These remaining
wastes include: (1) fly ash, bottom ash,
boiler slag, and flue gas emission
control wastes from the combustion of
coal by electric utility power plants
when such wastes are mixed with, co-
disposed, co-treated, or otherwise co-
managed with other wastes generated
in conjunction with the combustion of
coal or other fossil fuels, and (2) any
other wastes subject to section 8002(n)
of RCRA other than those subject to the
August 1993 regulatory determination
referenced above.
Timetable:
Action
Date
FR Cite
Notice of Availability
Regulatory
Determination
(Phase I Four Fossil
Fuel Wastes)
Notice of Availability
Notice Response to
Extension Request
Notice Request for
Comments-
Extension
Reg Determination
(Phase II Remaining
Wastes)
02/12/93 58 FR 8273
08/09/93 58 FR 42466
04/28/99 64 FR 22820
06/10/99 64 FR 31170
09/20/99 64 FR 50788
04/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3201
Agency Contact: Dennis Ruddy,.
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AD91
3407. REINVENTING THE LAND
DISPOSAL RESTRICTIONS PROGRAM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: The Land Disposal
Restrictions (LDR) program was
established to minimize threats posed
by the land disposal of untreated
hazardous wastes. The program has
been in place for a number of years
and now regulates all but the most
recently listed hazardous wastes. The
Agency is now examining the LDR
program, exploring past
accomplishments, current issues, and
future possibilities. The goals of the
examination are to make the LDR
program cheaper, smarter, cleaner, and
more flexible. The Agency will develop
an Advance Notice of Proposed
Rulemaking (ANPRM) to present initial
thinking and the results of some
activities taken as part of the ongoing
LDR Reinvention Project so that the
public will have an opportunity to
comment. A proposed and final rule
will follow.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4093
Sectors Affected: 2122 Metal Ore
Mining; 32411 Petroleum Refineries;
325 Chemical Manufacturing; 331
Primary Metal Manufacturing
Agency Contact: Josh Lewis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-7877
Fax: 703 308-8433
Email: lewis.josh@epa.gov
RIN: 2050-AE53
3408. CRITERIA FOR MUNICIPAL
SOLID WASTE LANDFILLS (SECTION
610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: The Agency promulgated the
Solid Waste Disposal Facility Criteria;
Final Rule on October 9, 1991 (56 FR
50978). These Criteria established new
national minimum standards for
municipal solid waste landfills
(MSWLFs). The rule provides
considerable flexibility for all MSWLFs
and contains a special exemption from
the criteria's design and groundwater
monitoring requirements for owners
and operators of certain small MSWLF
units. Small MSWLFs are defined as
units that dispose of less than twenty
(20) tons of municipal solid waste
daily.
The small landfill exemption in Part
258 was originally invalidated by the
United States Court of Appeals for the
District of Columbia Circuit. However,
in enacting the Land Disposal Program
Flexibility Act of 1996 (LDPFA),
Congress gave the statutory mandate for
the exemption. The LDPFA reinstated
the exemption from groundwater
monitoring for qualifying small
MSWLFs and EPA codified this
requirement on September 25, 1996 (61
FR 50410). The LDPFA also directed
the Agency to provide additional
flexibility to small MSWLFs in the form
of the minimum frequency of daily
cover, the minimum frequency of
monitoring for methane in landfill gas,
and the infiltration barriers in the final
cover. These requirements were
codified on July 29, 1997 (62 FR
40708).
EPA delayed the effective date for
compliance with the Financial
Assurance requirements of the MSWLF
rules until April 10, 1998 by a series
of regulatory actions. The delayed
effective date allowed EPA to codify
the provisions from the LDPFA and to
finalize new options for Financial
Assurance tailored for local
governments (61 FR 60328, November
27, 1996) and for Corporate Owners
and Operators (63 FR 17706, April 10,
1998).
This new entry in the regulatory agenda
announces that EPA will review the
Part 258 regulations pursuant to section
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23548
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Prerule Stage
610 of the Regulatory Flexibility Act (5
USC 610). EPA solicits comments on
the following factors; (1) the continued
need for the rule, (2) the nature of
complaints or comments received
concerning the rule from the public
since promulgation; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates or conflicts
with other Federal rules, and, to the
extent feasible, with State and local
governmental rules; and (5) the length
of time since the rule has been
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule.
It is the Agency's view that there is
a continued need for the rule; however,
the Agency welcomes suggestions for
reducing any unnecessary burden on
small entities resulting from these
rules. As detailed above, the Agency
has made continuing efforts to
minimize the burden on the owners
and operators of small MSWLFs.
Timetable:
Action
Begin Review
End Comment Time
End Review
Date FR Cite
11/22/99 64 FR 651 24
04/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4350
ADDRESSES: Commenters must send
an original and two copies of their
comments referencing docket number
F-1999-MLFN-FFFFF to : RCRA Docket
Information Center, Office of Solid
Waste (5305G), U.S. Environmental
Protection Agency Ariel Rios Building
(EPA,HQ), 1200 Pennsylvania Avenue
NW., Washington, DC 20460. Hand
deliveries of comments should be made
to the Arlington, VA, address listed
below. Comments may also be
submitted electronically to: rcra-
docket@epa.gov. Comments in
electronic format should also be
identified by the docket number F-
1999-MLFN-FFFFF. All electronic
comments must be submitted as an
ASCII file avoiding the use of special
characters and any form of encryption.
Commenters should not submit
electronically any confidential business
information (CBI). An original and two
copies of CBI must be submitted under
separate cover to: RCRA CBI Document
Control Officer, Office of Solid Waste
(5305W), U.S. EPA, 1200 Pennsylvania
Avenue NW., Washington, DC 20460.
Public comments will be available for
viewing in the RCRA Information
Center (RIC), located at Crystal Gateway
I, First Floor, 1235 Jefferson Davis
Highway, Arlington, VA. The RIC is
open from 9 a.m. to 4 p.m., Monday
through Friday, excluding federal
holidays. To review docket materials,
it is recommended that the public make
an appointment by calling 703-603-
9230. The public may copy a maximum
of 100 pages from any regulatory docket
at no charge. Additional copies cost
$0.15/page. For information on
accessing paper and/or electronic
copies of the document, see the
Supplementary Information section.
For Further Information Contact: For
general information, contact the RCRA
Hotline at 800 424-9346 or TDD 800
553-7672 (hearing impaired). In the
Washington, DC, metropolitan area, call
703 412-9810 or TDD 703 412-3323.
For information on specific aspects of
this notice, contact Dwight Hlustick.
(See Agency Contact below.)
Supplementary Information: The fact
sheet is available in electronic format
on the Internet at
http://www.epa.gov/epaoswer/non-
hw/muncpl/landfill.htm.
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2050-AE75
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3409. PAINT MANUFACTURING
WASTES LISTING: HAZARDOUS
WASTE MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
mlemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 6905; 42 USC 6912(a);
42 USC 6921; 42 USC 6922; 42 USC
6926; 42 USC 6938; 42 USC 9602; 42
USC 9603; 42 USC 9604
CFR Citation: 40 CFR 261; 40 CFR 271;
40 CFR 302
Legal Deadline: NPRM, Judicial,
January 26, 2001.
NPRM, Statutory, February 8, 1986.
Final, Judicial, March 30, 2002.
Abstract: This action addresses the
potential risks posed by wastes from
the production of paints, and
determines whether these wastes
should be listed as hazardous under
RCRA to control any potentially
unacceptable risks. Any new wastes
listed as hazardous will also be added
to the CERCLA list of hazardous
substances. This action will be
implemented by EPA and States
authorized under RCRA. Impacts on
local governments are not expected,
and small business impacts are
undetermined. Specific wastes to be
addressed are water/caustic cleaning
wastes, solvent cleaning wastes,
emission control dusts/sludges,
wastewater treatment sludges, and off-
spec product.
Timetable:
Action
NPRM
Final Action
Date
01/00/01
03/00/02
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3805
Agency Contact: David Carver,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8603
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23549
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Fax: 703 308-0514
Email: carver.david@epa.gov
BIN: 2050-AE32
3410. MERCURY-CONTAINING AND
RECHARGEABLE BATTERY
MANAGEMENT ACT; CODIFICATION
OF WASTE MANAGEMENT
PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 14303
CFR Citation: 40 CFR 271; 40 CFR 273
Legal Deadline: None
Abstract: The purpose of this rule is
to codify into the Code of Federal
Regulations certain provisions of the
Mercury-Containing and Rechargeable
Battery Management Act that impact
the May 11, 1995 Universal Waste Rule
(40 CFR Part 273). The Act was signed
by the President on May 13, 1996 and
became immediately effective
nationwide on the date of signature.
Specifically, one provision of the law
requires the collection, storage, and
transportation of the following types of
batteries be managed according to
standards established in the Universal
Waste Rule: used rechargeable batteries,
lead-acid batteries not covered by 40
CFR part 266 or the equivalent
requirements of an approved state
program, rechargeable alkaline
batteries, certain mercury-containing
batteries banned from domestic sale,
and used consumer products containing
rechargeable batteries that are not easily
removable. The law prohibits State
imposed requirements that are not
identical to those found in the Federal
Universal Waste Rule, but allows States
to adopt and enforce identical
standards and to implement and
enforce collection, storage, and
transport requirements identical to
those included in the universal waste
rule if the standards are approved by
the EPA Administrator.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/00
NPRM 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 3888
Agency Contact: Bryan Groce,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8750
Fax: 703 308-0522
Email: groce.bryan@epa.gov
RIN: 2050-AE39
3411. REMOVAL OF REQUIREMENT
TO USE SW-846 METHODS (TEST
METHODS FOR EVALUATING SOLID
WASTE: PHYSICAL/CHEMICAL
METHODS)
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will eliminate
existing text in the CFR.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934 to 6939; 42 USC
6974; 42 USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 258; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270; 40 CFR 279
Legal Deadline: None
Abstract: EPA has been actively
working to break down the barriers that
the environmental monitoring
community faces when trying to use
new monitoring techniques. As a first
step, EPA has accelerated its review
process for new methods by eliminating
several unnecessary internal review
steps, and by streamlining the internal
approval process for each new method.
However, there are currently 32
citations in title 40 of the Code of
Federal Regulations (CFR) where the
use of SW-846 methods is required. As
a second step for speeding up the
approval process, EPA plans to remove
the requirements to use SW-846
methods for other than method defined
parameters (i.e., where the method
defines the regulations, such as the
Toxicity Characteristic Leaching
Procedure) from 40 CFR. This will
likely lead to an even more streamlined
approval process since SW-846 will
then be able to be handled strictly as
guidance and not need the regulatory
process for approval. This additional
streamlining will permit new, more
cost-effective methods to attain public
and regulatory authority acceptance in
much less time, allowing required
monitoring to be done more cheaply,
faster and, in some cases, more
accurately.
Timetable:
Action
Date
FR Cite
NPRM
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3989
Agency Contact: Barry Lesnik,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0476
Fax: 703 308-0511
Email: lesnik.barry@epa.gov
RIN: 2050-AE41
3412. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912; 42 USC 6924; 42 USC 6925; 42
USC 6927; 42 USC 6939; 42 USC 6974
CFR Citation: 40 CFR 124; 40 CFR 267;
40 CFR 270
Legal Deadline: None
Abstract: This rulemaking will allow
a type of general permit, called a
standardized permit, for facilities that
generate waste and routinely manage
the waste on-site in tanks, containers,
and containment buildings. Under the
standardized permit, facility owners
and operators would certify compliance
with generic design and operating
conditions set on a national basis. The
permitting agency would review the
certifications submitted by the facility
owners or operators. The permitting
agency would also be able to impose
additional site-specific terms and
conditions for corrective action or other
purposes, as called for by RCRA.
Ensuring compliance with the
standardized permit's terms and
conditions would occur during
inspection of the facility after the
permit has been issued.
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23550
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4028
Sectors Affected: 32411 Petroleum
Refineries; 3251 Basic Chemical
Manufacturing; 3252 Resin, Synthetic
Rubber, and Artificial and Synthetic
Fibers and Filaments Manufacturing;
325211 Plastics Material and Resin
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32551 Paint and
Coating Manufacturing; 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Vernon Myers,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8660
Fax: 703 308-8609
Email: myers.vernon@epa.gov
RIN: 2050-AE44
3413. LISTING OF HAZARDOUS
WASTE; INORGANIC CHEMICAL
WASTES; LAND DISPOSAL
RESTRICTIONS FOR NEWLY LISTED
WASTES; CERCLA HAZARDOUS
SUBSTANCES REPORTABLE
QUANTITIES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 6901 to
6992(k)
CFR Citation: 40 CFR 261; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial,
August 30, 2000.
Final, Judicial, October 31, 2001.
Abstract: EPA, under an Environmental
Defense Fund consent decree, will
amend, if necessary, the regulations for
hazardous waste management under the
Resource Conservation and Recovery
Act (RCRA) to reduce hazards to
human health and the environment
from inorganic chemical industry
wastes. The wastes covered under this
listing document include: sodium
dichromate production wastes, wastes
from the dry process for manufacturing
phosphoric acid, phosphorus
trichloride production wastes,
phosphorus pentasulfide production
wastes, wastes from the production of
sodium phosphate from wet process
phosphoric acid, sodium chlorate
production wastes, antimony oxide
production wastes, cadmium pigments
production wastes, barium carbonate
production wastes, potassium
dichromate production wastes, phenyl
mercuric acetate production wastes,
boric acid production wastes, inorganic
hydrogen cyanide production wastes,
and titanium dioxide production wastes
(except for chloride process waste
solids). This action is proposed under
the authority of sections 3001 (e)(2) of
RCRA which directs EPA to make a
hazardous waste listing determination
for inorganic chemical wastes. After a
study of the waste streams of the above
chemical industry processes, including
characterization of the wastes generated
and a risk assessment evaluating
plausible mismanagement scenarios,
EPA will propose which of the above
wastes, if any, should be listed as a
hazardous waste under 40 CFR part
261. Land Disposal Restrictions will be
added for newly listed wastes. Newly
listed wastes will be given CERCLA
Hazardous Substance Designation;
Reportable Quantities will be
developed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/00
10/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4083
Sectors Affected: 32518 Other Basic
Inorganic Chemical Manufacturing;
325131 Inorganic Dye and Pigment
Manufacturing; 325312 Phosphatic
Fertilizer Manufacturing; 31611 Leather
and Hide Tanning and Finishing; 313
Textile Mills; 325611 Soap and Other
Detergent Manufacturing
Agency Contact: Larry Denyer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8770
Fax: 703 308-0522
Email: denyer.larry@epa.gov
Gwen DiPietro, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
RIN: 2050-AE49
3414. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will eliminate
existing text in the CFR.
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 00
Legal Deadline: None
Abstract: EPA plans to reduce the
burden imposed by the RCRA reporting
and recordkeeping requirements to help
meet the Federal government-wide goal
established by the Paperwork
Reduction Act (PRA). The information
collection burden for the regulations
EPA implements under RCRA in 1995
(the PRA baseline) was 12,600,000
hours. To meet EPA's PRA 2001 goal
(a 40% reduction), EPA needs to
eliminate five million hours to reach
a figure 7.5 million hours.
In June 1999, EPA published a Notice
of Data Availability (NODA) in the
Federal Register (64 FR 32859) to seek
comment on a number of burden
reduction ideas. After reviewing the
comments received on the NODA, EPA
is drafting a proposed rulemaking to
implement many of these ideas. The
proposals are designed to eliminate
duplicative and non-essential
paperwork.
The main ideas being considered for
the proposed rulemaking are: (1)
allowing electronic reporting for all
RCRA-required notices and reports; (2)
allowing all RCRA-required records to
be kept electronically; (3) eliminating
or modifying one-third of the 334
RCRA-required notices and reports that
are sent by the regulated community
to states and EPA; (4) eliminating the
RCRA emergency response training
requirements that overlap with the
Occupational Safety and Health
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23551
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Administration requirements,
eliminating the need for facilities to
record personnel descriptions, and
reducing to three years the retention
time for personnel records; (5) changing
the owner/operator inspection
frequency of hazardous waste tanks to
weekly, thus making the inspection
frequency consistent with containers
and containment buildings; (6)
providing states and EPA with the
opportunity to lengthen owner/operator
self-inspection frequencies on a case-by
case-basis (through the permitting
process); (7) eliminating the Land
Disposal Restrictions generator waste
determinations, recycler notifications
and certifications, hazardous debris
notifications and characteristic waste
determinations, and streamlining the
characteristic waste notification
procedures; and (8) modifying the
groundwater monitoring requirements
for hazardous waste facilities.
Timetable:
Action
Date FR Cite
Notice
NPRM
06/18/99 64 FR 32859
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4084
Applicable SIC codes: Chemicals and
Allied Products (28), Primary Metal
Industries (33), Fabricated Metals (34),
Industrial Machinery and Equipment
(35), Electrical Equipment (36),
Transportation Equipment (37), Other
Manufacturing, Transportation and
Utilities (40-49), Wholesale Trade (50-
51), Services (70-89) and Other SIC
Groups
Sectors Affected: 323 Printing and
Related Support Activities; 324
Petroleum and Coal Products
Manufacturing; 325 Chemical
Manufacturing; 326 Plastics and Rubber
Products Manufacturing; 331 Primary
Metal Manufacturing; 332 Fabricated
Metal Product Manufacturing; 334
Computer and Electronic Product
Manufacturing; 562 Waste Management
and Remediation Services
Agency Contact: Robert Burchard,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8450
Fax: 703 308-7905
Email: burchard.robert@epa.gov
Laurie Solomon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703 308-8443
Fax: 703 308-8433
Email: solomon.laurie@epa.gov
RIN: 2050-AE50
3415. RCRA APPENDIX VIII
STREAMLINING
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action will propose to
modify the list of chemicals found in
Appendix VIII of 40 CFR part 261 by:
(1) rearranging the Appendix into
groups of chemicals according to their
frequency of expected occurrence in
wastes; (2) clarifying ambiguous entries
currently on the Appendix such as
those marked not otherwise specified;
and (3) deleting those chemicals for
which the risk from potential exposure
is considered to be minimal.
Timetable:
Action
Date
FR Cite
NPRM
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4090
Agency Contact: Dr. Monica A. Barren,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0483
Fax: 703 308-0509
Email: barron.monica@epa.gov
RIN: 2050-AE55
3416. LISTING DETERMINATION OF
WASTES GENERATED DURING THE
MANUFACTURE OF AZO,
ANTHRAQUINONE, AND
TRIARYLMETHANE DYES AND
PIGMENTS
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 261; 40 CFR 264;
40 CFR 265; 40 CFR 271; 40 CFR 302
Legal Deadline: Final, Judicial, January
28, 2000, Dyes I and II final rules due
13 months after NOD As are signed.
NPRM, Judicial, June 30, 1999, Dyes II
(deferred wastes) NPRM: met deadline.
Other, Judicial, Dyes I and II. NODAs
due by 06/12/2000 or 67 days after
injunction is lifted from McGruder
case.
Abstract: This action addresses the
potential human health and
environmental risks posed by wastes
from the manufacture of dyes and
pigments, and determines whether
these wastes should be listed as
hazardous wastes under RCRA to
control any potentially unacceptable
risks. If listed under RCRA, these
wastes would also be added to the
CERCLA list of hazardous substances.
This action will be implemented by
EPA and States authorized under
RCRA. Impacts on local governments
are not expected, and there may be
some small business impacts. EPA
proposed listing decisions for most
wastes in 1994 (Dyes-I), and deferred
decisions on several others. Two
deferred waste streams (filter aids and
triarylmethane sludges) are subject to
separate deadlines for proposed and
final action (Dyes II rulemaking). The
Dyes II NPRM was published on July
23, 1999. The rules proposed in 1994
and 1999 were incomplete because they
did not contain information claimed to
be confidential by industry. Therefore,
a Notice of Data Availability (NODA)
for each proposal will be necessary,
when EPA is able to release an
adequate record. The deadlines are
based on recent settlement discussions
with plaintiffs in EDF v. Browner, Civil
Action No. 89-0598 D.D.C.
Timetable:
Action
Date
FR Cite
NPRM Dyes I
NPRM Dyes II
(deferred wastes)
12/22/94 59 FR 66072
07/23/99 64 FR 40192
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23552
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Action
Date FR Cite
Notice Dyes I Notice of 06/00/00
Data Availability.
See judicial
deadlines.
Notice Dyes II Notice 06/00/00
of Data Availability.
See judicial
deadlines.
Final Action Dyes I. To Be Determined
See judicial
deadline.
Final Action Dyes II To Be Determined
(deferred wastes).
See judicial
deadline.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3066
Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8462
Fax: 703 308-0514
Email: slotnick.sue@epa.gov
Narendra Chaudhari, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-0454
Fax: 703 308-0514
Email: chaudhari.narendra@epa.gov
RIN: 2050-AD80
3417. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 69l2(a) RCRA
sec 6002(e)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register
which designate items that are or can
be made with recovered materials and
to issue recommendations for
government procurement of these
items. Once designated, procuring
agencies are required to purchase these
items with the highest percentage of
recovered materials practicable.
Government procurement of EPA-
designated items containing recovered
materials fosters markets for recovered
materials and, thereby, closes the
recycling loop. To date, EPA has
designated 55 items under three
Comprehensive Procurement
Guidelines (CPGl, CPG2 and CPG3).
EPA has also issued a Recovered
Materials Advisory Notice (RMAN)
with each CPG which provides
recommendations on buying the
designated items. The E.O. requires
EPA to update the CPG every two
years. The new actions would (1)
propose to designate new items in
CPG4 and (2) issue final item
designations in CPG4.
Timetable:
Action Date FR Cite
Notice--Paper 06/08/98 63 FR 31214
Products Recovered
Materials Advisory
Notice
Notice--Recovered 06/08/98 63 FR 31217
Materials Advisory
Notice I Update
NPRM(CPG3and 08/26/98 63 FR 45558
RMAN 3)
Notice of Availability of 01/19/00 65 FR 3082
Final Document
Final Action (CPG3 01/19/00 65 FR 3069
and RMAN 3)
NPRM (CPG4 and 06/00/00
RMAN 4)
Final Action (CPG4 12/00/00
and RMAN 4)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3545
Sectors Affected: 92111 Executive
Offices; 92119 All Other General
Government
Agency Contact: Terry Grist,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7257
Fax: 703 308-8686
Email: grist.terry@epa.gov
RIN: 2050-AE23
3418. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS-
PHASE II COVERING BOILERS AND
CERTAIN INDUSTRIAL FURNACES
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: NPRM, Judicial,
January 31, 2001, Settlement agreement
for boilers and other industrial
furnaces.
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., boilers and some types of
smelting furnaces). In addition, under
the Resource Conservation and
Recovery Act (RCRA), EPA is required
to establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
EPA is concerned that its current RCRA
standards for HWCs may not be
adequately protective given that the
standards do not take into account
indirect pathways of exposure and that
there have been advances both in risk
assessment and control technologies
since promulgation of the current
standards. The Agency is in the process
of developing a proposal to address
boilers and possibly other industrial
furnaces, which combust hazardous
wastes.
Timetable:
Action
Date
FR Cite
NPRM Cement Kilns & 04/19/96 61 FR 17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasttrack
Final Action Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM Boilers & Other 01/00/01
Industrial Furnaces
(Phase II)
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23553
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 3333
For information on the Phase I portion
of this effort, see SAN 4418.
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE01
3419. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6921 RCRA sec
3001; 42 USC 6922 RCRA sec 3002; 42
USC 6922 RCRA sec 3004; 42 USC
6926 RCRA sec 3006
CFR Citation: 40 CFR 261
Legal Deadline: Final, Judicial, April
30, 2001.
Other, Judicial, October 31, 1999,
Reproposal.
Abstract: EPA is proposing to amend
its regulations governing solid wastes
that are designated as hazardous,
because they have been mixed with or
derived-from listed hazardous wastes.
Specifically, under this action, the
Agency is proposing to retain the
mixture and derived-from rules
promulgated under the Resource
Conservation and Recovery Act (RCRA).
These rules are currently in effect on
an emergency basis and this rulemaking
action formally proposes their
retention.
The Agency is also proposing two
revisions to the mixture and derived-
from rules. The first is an exemption
for wastes and their residuals listed
solely for the ignitability, corrosively,
and/or reactivity characteristics. The
second, which EPA is proposing in a
separate notice, is a conditional
exemption from the mixture and
derived from rules for mixed wastes
(that is, wastes that are both hazardous
and radioactive).
Because this action is deregulatory, it
is not expected to have adverse impacts
on small business. This action will be
implemented by EPA and authorized
States.
Timetable:
Action
Date FR Cite
NPRM
NPRM Withdrawn
NPRM Reproposal
NPRM Reproposal
Notice of Data
Availability
Final Action
05/20/92 57 FR 21450
10/30/92 57 FR 49280
12/21/95 60 FR 66344
11/19/99 64 FR 63381
06/00/00
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3328
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 331 Primary
Metal Manufacturing; 332 Fabricated
Metal Product Manufacturing; 333
Machinery Manufacturing; 334
Computer and Electronic Product
Manufacturing; 335 Electrical
Equipment, Appliance and Component
Manufacturing; 336 Transportation
Equipment Manufacturing
Agency Contact: Adam Klinger,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-3267
Fax: 703 308-0514
Email: klinger.adam@epa.gov
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epa.gov
RIN: 2050-AE07
3420. HAZARDOUS WASTE MANIFEST
REGULATION
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6922 RCRA
sec 3002; 42 USC 6923 RCRA sec 3003;
42 USC 6926 RCRA sec 3006
CFR Citation: 40 CFR 262; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 271;
40 CFR 260
Legal Deadline: None
Abstract: The Uniform Hazardous
Waste Manifest (Form 8700-22) is a
multi-copy form used to identify the
quantity, composition, origin, routing,
and destination of hazardous waste
during its transportation. The manifest
system's reliance on paper results in
significant paperwork and cost burden
to waste handlers and States who
choose to collect manifest information.
The Agency intends to pursue an
optional approach to redesign the
manifest system so that it utilizes
automated technologies to increase
access to manifest related information,
and to facilitate the manifest process,
including the form's preparation,
transmission, and recordkeeping,
thereby lessening the total burden on
waste handlers and States that choose
to collect manifests. In addition, the
Agency intends to standardize further
the manifest form itself, by eliminating
several optional data fields, and by
specifying one format that may be used
in all states.
Timetable:
Action
Date FR Cite
NPRM
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Federalism: Undetermined
Additional Information: SAN No. 3147
Sectors Affected: 2111 Oil and Gas
Extraction; 2122 Metal Ore Mining;
2211 Electric Power Generation,
Transmission and Distribution; 3221
Pulp, Paper, and Paperboard Mills; 323
Printing and Related Support Activities;
325 Chemical Manufacturing; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 482 Rail
Transportation; 483 Water
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal
Agency Contact: Rich Lashier,
Environmental Protection Agency,
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23554
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0522
Email: lashier.rich@epamail.epa.gov
RIN: 2050-AE21
3421. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH SOLVENT-
CONTAMINATED SHOP TOWELS AND
WIPES
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action would modify
RCRA rules that impact the
management of solvent-contaminated
shop towels and wipes. Solvent-
contaminated shop towels and wipes
are used throughout industry for
equipment cleaning and other related
facility operations. The spent shop
towels and wipes can be hazardous
wastes when the solvent used is either
a characteristic or listed solvent. An
examination of industry use and
management practices reveals that
many facilities may use only small
amounts of solvent on their disposable
wipes, and use small numbers of wipes
daily — suggesting that these materials
may sometimes pose little or no risk
to human health and the environment
if disposed in municipal landfills.
Similarly, situations exist where both
disposable wipes and reusable shop
towels are not being managed according
to prescribed Federal and States' rules
and policies. Problems with this issue
have persisted since the late 1980s.
Timetable:
Action
Date FR Cite
NPRM 09/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4091
Sectors Affected: 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 332
Fabricated Metal Product
Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 441
Motor Vehicle and Parts Dealers; 811
Repair and Maintenance; 812 Personal
and Laundry Services
Agency Contact: Jim O'Leary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
RIN: 2050-AE51
3422. GLASS-TO-GLASS RECYCLING
OF CATHODE RAY TUBES (CRTS):
CHANGES TO HAZARDOUS WASTE
REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 6912(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action will revise the
existing Federal hazardous waste
regulations to remove unnecessary
regulatory barriers to glass-to-glass
recycling of Cathode Ray Tubes (CRTs).
A CRT is the main component of a
television or computer monitor. A CRT
is made largely of specialized glasses,
some of which contain lead to protect
the user from X-rays inside the CRT.
Due to the lead, when they are
disposed of or reclaimed, some CRTs
are hazardous wastes under the Federal
Resource Conservation and Recovery
Act (RCRA) regulations. Glass-to-glass
recycling involves the return of used
CRT glass to manufacturing of new
CRTs.
This action is planned in response to
a June 9, 1998 recommendation on CRT
recycling from the Common Sense
Initiative (CSI) Council to the
Environmental Protection Agency
(EPA). CSI is a consensus-based process
for developing cleaner, cheaper, smarter
environmental improvements that
includes representatives of: industry;
environmental groups; community
groups; environmental justice groups;
labor; and, Federal, State, local, and
tribal governments. The
recommendation involves minimizing
RCRA requirements for glass-to-glass
recycling while retaining appropriate
controls to ensure protection of human
health and the environment. The goal
of the recommendation is to facilitate
an increase in glass-to-glass recycling,
thereby minimizing disposal of lead,
increasing resource recovery, and
enhancing protection of human health
and the environment.
Timetable:
Action Date FR Cite
NPRM
07/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4092
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Javier Garcia,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-2628
Fax; 703 308-0522
Email: garcia.javiera®.epa.gov
Marilyn Goode, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone; 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov
RIN: 2050-AE52
3423. LAND DISPOSAL
RESTRICTIONS; POTENTIAL
REVISIONS FOR MERCURY LISTED
AND CHARACTERISTIC WASTES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: Some forms of mercury
wastes are now required to be treated
by either incineration or retorting. Both
of these forms of treatment have the
potential to emit mercury via air
emissions. Also, some information
suggests that certain waste types which
are required to be retorted are not
amenable to that form of treatment.
Information on mercury treatment
alternatives, especially stabilization,
has been requested. There also is a
shrinking demand for mercury, which
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23555
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
brings up concerns about requiring
recovery of mercury wastes.
EPA addressed these issues in an
Advance Notice of Proposed
Rulemaking (ANPRM) which solicited
data and comments on treatment data
that the Agency has gathered on the
treatment of mercury wastes. The data
and information gathered by this
ANPRM process provide the bases of
the proposed revised treatment
standards for some forms of mercury
hazardous wastes.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
05/28/99 64 FR 28949
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4094
Sectors Affected: 325181 Alkalies and
Chlorine Manufacturing; 3353 Electrical
Equipment Manufacturing; 3254
Pharmaceutical and Medicine
Manufacturing; 32551 Paint and
Coating Manufacturing
Agency Contact: Mary Cunningham,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20^60
Phone: 703 308-8453
Fax: 703 308-8466
Email: cunningham.mary@epa.gov
RIN: 2050-AE54
3424. LAND DISPOSAL
RESTRICTIONS; TREATMENT
STANDARDS FOR SPENT POTLINERS
FROM PRIMARY ALUMINUM
REDUCTION (K088) AND
REGULATORY CLASSIFICATION OF
K088 VITRIFICATION UNITS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: K088 wastes contain, among
other hazardous constituents of
concern, significant amounts of cyanide
and fluoride. Unless the fluoride is
immobilized or recovered and the
cyanide is destroyed there ii significant
potential to contaminate surface water
and groundwater. Treatment standards
based on the best demonstrated
available technology (vitrification) are
necessary to substantially diminish the
toxicity of the waste and the likelihood
of the constituents migrating.
On September 21, 1998, the Agency
promulgated interim treatment
standards for spent potliners from
primary aluminum reduction (EPA
hazardous waste K088). In this rule, the
Agency committed to establishing final
treatment standards within the next
two years. The Agency needs to gather
data, review treatment technologies and
develop treatment standards for
cyanide and fluoride based on this new
analysis. In addition, the Agency must
evaluate alternative treatment
technologies for the thermal destruction
of K088. In particular, the Agency will
assess the effectiveness of vitrification
on K088 waste. Vitrification treatment
enables K088 to be treated while
generating a product from the vitrified
K088. EPA, however, needs to
determine what control technologies
are appropriate for the vitrification
units.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4233
Sectors Affected: 3334 Ventilation,
Heating, Air-Conditioning and
Commercial Refrigeration Equipment
Manufacturing
Agency Contact: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
John Austin, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-0436
Fax: 703 308-8433
Email: austin.john@epa.gov
RIN: 2050-AE65
3425. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA is requesting data and
information on the performance of
alternative liner designs compared to
the performance of composite liners
when leachate is being re-circulated.
Further, in recent years, bioreactor
landfills have gained recognition as a
possible innovation in solid waste
management. The bioreactor landfill is
generally defined as a landfill operated
to transform and stabilize the readily
and moderately decomposable organic
constituents of the waste stream by
purposeful control to enhance
microbiological processes. Bioreactor
landfills often employ liquid addition
including leachate recirculation,
alternative cover designs, and state-of-
the-art landfill gas collection systems.
In this notice EPA is also requesting
data and information on the design and
performance of bioreactor landfills.
Timetable:
Action
Date
FR Cite
Notice
NPRM
04/00/00
02/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4230
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE67
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23556
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3426. PROPOSED REGULATORY
AMENDMENTS ON RECYCLING OF
HAZARDOUS WASTES IN
FERTILIZERS
Priority: Other Significant
Legal Authority: 42 USC 1006 et seq
CFR Citation: 40 CFR 261; 40 CFR 266;
40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: This rulemaking is intended
to revise the current RCRA regulations
that apply to recycling of hazardous
wastes in the manufacture of zinc
fertilizers. Specifically, it is intended to
establish a more consistent application
of these recycling requirements to zinc
fertilizer products, to establish a set of
standards for contaminants in RCRA-
regulated zinc fertilizers that are more
appropriated to fertilizers and are
protective of human health and the
environment, and to specify more
appropriate, protective requirements for
management of zinc-bearing hazardous
secondary materials prior to recycling.
These regulatory revisions are expected
to directly affect companies that
manufacture zinc fertilizers from
hazardous secondary materials, and is
likely to benefit such manufacturers
that are small businesses by removing
certain regulatory disincentives to
legitimate recycling activities.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/00
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 4208
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32531 Fertilizer
Manufacturing; 331111 Iron and Steel
Mills; 331419 Primary Smelting and
Refining of Nonferrous Metal (except
Copper and Aluminum); 331492
Secondary Smelting, Refining, and
Alloying of Nonferrous Metal (except
Copper and Aluminum); 562112
Hazardous Waste Collection
Agency Contact: Dave Fagan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5301W, Washington, DC 20460
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
RIN: 2050-AE69
3427. • PROPOSED AMENDMENTS TO
THE CORRECTIVE ACTION
MANAGEMENT UNIT RULE
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6901 et.seq.
CFR Citation: 40 CFR 260; 40 CFR 264;
40 CFR 271
Legal Deadline: NPRM, Judicial,
August 7, 2000.
Final, Judicial, October 8, 2001.
Abstract: EPA will propose
amendments to the existing RCRA
Corrective Action Management Unit
(CAMU) Regulation (at 40 CFR
264.552). CAMUs are used for
managing remediation wastes, and for
implementing corrective action or
cleanup at a facility. CAMUs can
promote cleanups by allowing a
broader range of cleanup activities than
are allowed under the other hazardous
waste management regulations. The
proposed amendments will add more
detail to the treatment and technical
standards for management of cleanup
wastes in CAMUs.
Timetable:
3428. • NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS-
PHASE I CLARIFICATION AND
PROPOSED CHANGES
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of smelting
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
Consequently, the Agency established
in the Phase I rule new emissions
standards for cement kilns, lightweight
aggregate kilns, and incinerators under
CAA authority on September 30, 1999
(64 FR 52828). Following promulgation,
issues were raised by the regulated
community through informal comments
and through litigation. In response, this
proposed rule will propose changes and
clarify the final Phase I rule.
Action
Date
FR Cite Timetable:
NPRM
08/00/00
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4419
Agency Contact: Hugh Davis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8633
Fax: 703 308-8617
Email: davis.hugh@epa.gov
RIN: 2050-AE77
NPRM Cement Kilns & 04/19/96 61 FR 17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasttrack
Final Action Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM Phase I 12/00/00
Clarifications and
Proposed Changes
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4418
Split from RIN 2050-AE01. The Agency
will develop a Technical
Implementation Guidance on Phase I;
estimated completion date 1/2001.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23557
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
Peggy Vyas, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AE79
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3429. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6921(a) RCRA sec
3001(a)
CFR Citation: 40 CFR 259; 40 CFR 261;
40 CFR 264; 40 CFR 266
Legal Deadline: None
Abstract: CKD is a high volume
material by-product of the cement
manufacturing process. While it
contains potentially hazardous
constituents such as lead, cadmium and
chromium, it has been exempted since
November 1980 from hazardous waste
regulation under RCRA Subtitle C by
the Bevill Amendment, which modified
Section 3001 of RCRA to exempt
certain special wastes until further
studies could be completed and any
applicable regulations were
promulgated. In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with CKD. This
was followed in January 1995 by an
EPA regulatory determination
published in the Federal Register (60
FR 7366, 2/7/95], which concluded that
additional control of CKD is warranted.
In the regulatory determination EPA
committed to develop additional
tailored regulations under RCRA
Subtitle C and, if necessary, the Clean
Air Act. As part of its regulatory
development effort, the Office of Solid
Waste within EPA's Office of Solid
Waste and Emergency Response has
initiated further studies and has held
informal discussions with stakeholders
interested in regulations under RCRA
Subtitle C for the management of CKD.
The regulations will be tailored to
protect human health and the
environment while limiting burden on
the regulated community.
Timetable:
Action
Date
FR Cite
NPRM 08/20/99 64 FR 45631
Final Action 02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3856
Agency Contact: Patricia Cohn,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8675
Fax: 703 308-8686
Email: cohn.patricia@epa.gov
RIN: 2050-AE34
3430. RECYCLED USED OIL
CONTAINING PCBS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6974; 42
USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 261; 40 CFR 279
Legal Deadline: None
Abstract: The direct final rule,
published May 6, 1998, eliminates
errors and clarifies ambiguities in the
used oil management standards.
Specifically, the rule clarifies (1) when
used oil contaminated with
polychlorinated biphenyls (PCBs) is
regulated under the used oil
management standards and when it is
not, (2) that the requirements
applicable to releases of used oil apply
in States that are not authorized for the
RCRA base program, (3) that mixtures
of conditionally exempt small quantity
generator (CESQG) wastes and used oil
are subject to the used oil management
standards irrespective of how that
mixture is to be recycled, and (4) that
the initial marketer of used oil that
meets the used oil fuel specification
need only keep a record of a shipment
of used oil to the facility to which the
initial marketer delivers the used oil.
This rule also amends three incorrect
references to the pre-1992 used oil
specifications in the provisions which
address hazardous waste fuel produced
from, or oil reclaimed from, oil bearing
hazardous wastes from petroleum
refining operations.
EPA received relevant adverse
comments on three of the amendments
included in the May 6, 1998 direct final
rule: the amendments to 40 CFR
261.5(j) (mixtures of conditionally
exempt small quantity generator waste
and used oil), 40 CFR 279.10(i)
(applicability of the used oil
management standards to used oil
contaminated with polychlorinated
biphenyls (PCBs)), and 40 CFR
279.74(b) (recordkeeping requirements
for marketers of used oil that meets the
used oil fuel specification). On July 14,
1998, the Agency removed these three
amendments and reinstated the
regulatory text that existed prior to the
May 6, 1998 direct final rule. EPA will
promulgate a final rule addressing the
comments received and finalizing the
three amendments, as appropriate.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/06/98 63 FR 24963
NPRM 05/06/98 63 FR 25006
Removal (removal of 3 07/14/98 63 FR 37780
amendments)
Final Action 05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4088
Agency Contact: Tom Rinehart,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
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23558
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Phone: 703 308-4309
Fax: 703 308-0514
Email: rinehart.tom@epa.gov
RIN: 2050-AE47
3431. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6924 RCRA sec
3004; 42 USC 6925 RCRA sec 3005; 42
USC 6926 RCRA sec 3006
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: The revised financial
responsibility test is intended to
improve the current test in predicting
which firms will enter bankruptcy and
not be able to cover their financial
obligations for liability and closure
costs of hazardous waste treatment,
storage and disposal facilities. A
bankrupt firm may be unable to afford
the proper closure of a facility which
would require the government to incur
response costs at the facility. The rule
would also qualify owners and
operators of RCRA Treatment, Storage,
and Disposal Facilities which must
currently use more expensive ways,
such as surety bonds or letters of credit,
of demonstrating financial assurance, to
use the less expensive corporate
financial responsibility test for more of
their obligations. The combined savings
from screening out riskier firms and
making the test more available to viable
firms would be approximately $19
million annually in public and private
costs. These regulatory amendments
would have no effect on local or tribal
governments.
Timetable:
Action
NPRM
NPRM
Notice of Data
Availability
Final Action
Date
07/01/91
10/12/94
06/00/00
03/00/01
FR Cite
56 FR 30201
59 FR 51 523
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2647
Sectors Affected: 323110 Commercial
Lithographic Printing; 323114 Quick
Printing; 325131 Inorganic Dye and
Pigment Manufacturing; 325188 All
Other Basic Inorganic Chemical
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 331311 Alumina
Refining; 325211 Plastics Material and
Resin Manufacturing; 32551 Paint and
Coating Manufacturing; 32511
Petrochemical Manufacturing; 32512
Industrial Gas Manufacturing; 325188
All Other Basic Inorganic Chemical
Manufacturing; 325193 Ethyl Alcohol
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
325998 All Other Miscellaneous
Chemical Product Manufacturing;
311942 Spice and Extract
Manufacturing; 32411 Petroleum
Refineries; 332813 Electroplating,
Plating, Polishing, Anodizing and
Coloring; 33271 Machine Shops;
332991 Ball and Roller Bearing
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 334
Computer and Electronic Product
Manufacturing; 336 Transportation
Equipment Manufacturing; 48422
Specialized Freight (except Used
Goods) Trucking, Local; 56211 Waste
Collection; 22111 Electric Power
Generation; 22112 Electric Power
Transmission, Control and Distribution;
22132 Sewage Treatment Facilities;
56292 Materials Recovery Facilities
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8638
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
3432. LISTING DETERMINATION FOR
WASTEWATERS AND WASTEWATER
TREATMENT SLUDGES FROM
CHLORINATED ALIPHATICS
PRODUCTIONS; LAND DISPOSAL
RESTRICTIONS FOR NEWLY
IDENTIFIED WASTE
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 302; 40 CFR 261;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271
Legal Deadline: NPRM, Judicial, July
31, 1999.
Final, Judicial, September 30, 2000.
Abstract: This action addresses the
potential risks posed by wastes from
the production of chlorinated
aliphatics, and determines whether
these wastes should be listed as
hazardous wastes under RCRA to
control any potentially unacceptable
risks. Land Disposal Restrictions will
be added for any wastes newly listed
as hazardous; and any wastes newly
listed as hazardous also will be added
to the CERCLA list of hazardous
substances. This action will be
implemented by EPA and States
authorized under RCRA. Impacts on
local governments are not expected.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/25/99 64 FR 46475
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3151
Sectors Affected: 32511 Petrochemical
Manufacturing
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 308-0514
Email: elliott.ross@epa.gov
RIN: 2050-AD85
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23559
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3433. ALTERNATIVE LAND DISPOSAL
RESTRICTIONS TREATMENT
STANDARDS FOR CONTAMINATED
SOILS, DEFERRAL OF PCB'S AS AN
UNDERLYING HAZARDOUS
CONSTITUENT IN SOIL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6924 (G)(4)(M)
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: EPA proposed to temporarily
defer applicability of a portion of the
rule applying Land Disposal
Restrictions under the Resource
Conservation and Recovery Act (RCRA)
to underlying hazardous constituents in
soils contaminated with certain
hazardous constituent. Specifically,
EPA proposed to temporarily defer the
requirement that polychlorinated
biphenyls (PCBs) be considered an
underlying hazardous constituent when
present in soils which either exhibit the
Toxicity Characteristic for metals, or
contain a hazardous waste that is listed
due to metal content.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/16/00 65 FR 7809
06/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4360
Agency Contact: Ernie Brown,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8608
Fax: 703 308-8638
Email: brown.ernie@epa.gov
RIN: 2050-AE76
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3434. HAZARDOUS WASTE
MANAGEMENT SYSTEM: SLAG
RESIDUES DERIVED FROM HIGH
TEMPERATURE METALS RECOVERY
(HTMR) TREATMENT OF KO61, KO62
AND F006 WASTES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905 RCRA
sec 2002; 42 USC 6921; 42 USC 6922;
42 USC 6924; 42 USC 6934; 42 USC
6938; 42 USC 6912(a) RCRA sec
2002(a); 42 USC 6922 RCRA sec 3002;
42 USC 6924 RCRA sec 3004
CFR Citation: 40 CFR 261; 40 CFR 266
Legal Deadline: None
Abstract: EPA assessed the potential
risks to human health and the
environment from the use of slag
residues (slags) resulting from high
temperature metals recovery (HTMR)
treatment of specified hazardous wastes
(i.e., electric arc furnace dust, steel
finishing pickle liquor, and
electroplating sludges). This assessment
was used as a basis for the proposed
rule to reclassify these slags as
nonhazardous when they meet certain
exclusion levels and are managed and
used in a certain manner. EPA needs
to reevaluate the proposed rule due to
significant issues raised by public
commenters. There is currently no
deadline for final action on the
proposed rule.
Timetable:
Action
NPRM
Final Action
Date
12/29/94
To Be
FR Cite
59 FR 67256
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3428
Sectors Affected: 56292 Materials
Recovery Facilities
Agency Contact: Narendra Chaudhari,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0454
Fax: 703 308-0514
Email: chaudhari.narendra@epa.gov
RIN: 2050-AE15
3435. HAZARDOUS WASTE
IDENTIFICATION; RECYCLED USED
OIL MANAGEMENT STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6974; 42
USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 279
Legal Deadline: None
Abstract: EPA is reviewing whether the
provision of the used oil management
standards which governs mixtures of
recycled used oil and characteristic
hazardous waste, 40 CFR 279.10(b)(2)
(the used oil mixture rule), is consistent
with the United States Court of Appeals
for the District of Columbia Circuit's
decision in Chemical Waste
Management, Inc. v. EPA. The decision,
which concerned a challenge to
portions of EPA's land disposal
restrictions, held that EPA could not
authorize certain wastes exhibiting the
hazardous characteristics of ignitability,
reactivity, or corrosivity to be diluted
to eliminate the characteristic and then
be land-disposed unless the hazardous
constituents in the waste were
adequately treated to minimize threats
to human health and the environment.
The used oil mixture rule provides that
a mixture of hazardous waste and used
oil destined for recycling, if the mixture
is hazardous solely because it exhibits
a hazardous waste characteristic, is
regulated under the used oil
management standards. Under the used
oil mixture rule, such a decharacterized
mixture, therefore, is not subject to the
hazardous waste regulations, including
those relating to land disposal
restrictions. Further analysis is
necessary to determine whether
mixtures of used oil destined for
recycling and characteristic hazardous
wastes differ significantly from other
mixtures containing characteristic
wastes in terms of potential threat to
human health and the environment.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3668
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0046
Fax: 703 308-8638
Email: svizzero.michael@epa.gov
RIN: 2050-AE28
3436. STORAGE, TREATMENT,
TRANSPORTATION, AND DISPOSAL
OF MIXED WASTE
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924; 42 USC 6926
CFR Citation: 40 CFR 261.4; 40 CFR
262.34
Legal Deadline: Final, Judicial, April
30, 2001.
NPRM, Judicial, October 31, 1999.
Abstract: The focus of the final rule
will be to provide flexibility under
RCRA Subtitle C to generators of
eligible mixed waste. We will be
finalizing a proposal for a conditional
exemption from the definition of
hazardous waste applicable to: low-
level mixed waste (LLMW) for storage;
and LLMW or Naturally Occurring
and/or Accelerator-produced
Radioactive Material (NARM) for
transportation and disposal. The rule is
expected to reduce dual regulation for
generators in the management and
disposal of their wastes. This flexibility
will enable generators of LLMW who
are licensed by the Nuclear Regulatory
Commission (NRC) to claim an
exemption for storing and treating these
wastes in tanks or containers (using
solidification, neutralization, or other
stabilization processes) without a RCRA
permit. This rule will also provide
flexibility for the manifesting,
transportation and disposal of eligible
mixed waste. Waste meeting the
conditions will be exempted from
certain RCRA Subtitle C hazardous
waste requirements and managed as
radioactive waste in accordance with
NRC regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/19/99 64 FR 63463
04/00/01
Action
Date
FR Cite
ANPRM
03/01/99 64 FR 10063
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4017 •
SIC Codes: Nuclear Electric Power
Generation (4911); Federal Facilities
(9431) and (9511); Mixed Waste
Treatment, Storage and Disposal
Facilities (4953); Commercial Low
Level Radioactive Waste Disposal
Facilities (4953); Universities (8221);
Medical Facilities (8071);
Pharmaceutical Companies (2834);
Research Laboratories (8731, 8734)
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 562
Waste Management and Remediation
Services; 562219 Other Nonhazardous
Waste Treatment and Disposal; 61131
Colleges, Universities and Professional
Schools; 6215 Medical and Diagnostic
Laboratories; 622 Hospitals; 92 Public
Administration; 8112 Electronic and
Precision Equipment Repair and
Maintenance
Agency Contact: Grace Ordaz,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-1130
Fax: 703 605-0744
Email: ordaz.grace@epa.gov
Nancy Hunt, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5303W, Washington, DC
20460
Phone: 703 308-8762
Fax: 703 308-8638
Email: hunt.nancy@epa.gov
RIN: 2050-AE45
3437. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 RCRA
sec 3001
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action Date FR Cite
NPRM
Final Action
02/12/93 58 FR 8504
12/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3189
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703 603-9900
Fax: 202 260-9163
Email: ng.sammy@epa.gov
RIN: 2050-AD69
3438. CORRECTIVE ACTION FOR
SOLID WASTE MANAGEMENT UNITS
(SWMUS) AT HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Economically Significant.
Major under 5 USC 801.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6924 RCRA
sec 3004(u); 42 USC 6924 RCRA sec
3004(v)
CFR Citation: 40 CFR 264; 40 CFR 270
Legal Deadline: None
Abstract: Past and present waste
management practices at Resource
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23561
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Conservation and Recovery Act (RCRA)
treatment, storage or disposal facilities
have resulted in releases of hazardous
constituents from some waste
management units. These releases may
cause contamination of soils,
groundwater, surface water, and air.
This regulation provides a framework
for investigating and remediating
releases at RCRA facilities as necessary
to protect human health and the
environment.
The Agency has issued the corrective
action regulations in several phases. A
proposal for corrective action at RCRA
facilities was issued in July 1990. In
February 1993, regulations concerning
Corrective Action Management Units
(CAMU) and Temporary Units were
issued. An advance notice of proposed
rulemaking (ANPRM) was published on
May 1, 1996. A partial withdrawal was
published on October 7, 1999.
Timetable:
Action
NPRM
Final Rule (Phase 1)
ANPRM
Notice Published
Partial Withdrawal
of Proposed
Rulemaking.
Final Action
Date
07/27/90
02/16/93
05/01/96
1 0/07/99
To Be
FR Cite
55 FR 30798
58 FR 8658
61 FR 19432
64 FR 54604
Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2390
Agency Contact: Barbara Foster,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-7057
Fax: 703 308-8638
Email: foster.barbara@epa.go
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
exemption from the definition of solid
waste for synthesis fuels produced from
hazardous waste (63 FR 33791). The
notice being developed (Notice of Data
Availability Regulation of Gasification
Devices Processing Hazardous Waste at
Petroleum Refineries) will seek
comment on the additional data that
have been received on gasification.
Timetable:
Action
Date FR Cite
NPRM 11/20/95 60 FR 57747
Interim Notice of Data 04/08/97 62 FR 16747
Availability
Action
Date FR Cite
Notice of Data 07/15/98 63 FR 38139
Availability and
Request for
Comment
Final Action 08/06/98 63 FR 42110
Final Rule Technical 10/09/98 63 FR 54356
Amendments
Notice Notice of Data 12/00/01
Availability
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4411
Split from RIN 2050-AD88.
Agency Contact: Lawrence Gonzalez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8468
Fax: 703 308-8433
Email: gonzalez.lawrence@epa.gov
David Hockey, Environmental
Protection Agency, Solid Waste and
Emergency Response, OS-301,
Washington, DC 20460
Phone: 202 260-7596
RIN: 2050-AE78
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3441. REVIEW OF TOXICITY
CHARACTERISTIC LEVEL FOR
SILVER UNDER THE RESOURCE
CONSERVATION RECOVERY ACT
(RCRA)
Priority: Info./Admin./Other
CFR Citation: 40 CFR 261; 40 CFR 268
Completed:
Reason
Date
FR Cite
Final Study Complete 06/30/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jan Young
Phone: 703 308-1568
Fax: 703 308-0511
Email: young.jan@epa.gov
Ingrid Rosencrantz
Phone: 703 605-0709
Fax: 703 308-0511
Email: rosencrantz.ingrid@epa.gov
RIN: 2050-AE37
3442. 180-DAY ACCUMULATION TIME
UNDER RCRA FOR GENERATORS OF
F006 WASTE WATER TREATMENT
SLUDGES FROM THE METAL
FINISHING INDUSTRY
Priority: Other Significant
CFR Citation: 40 CFR 262
Completed:
Reason
Date
FR Cite
Final Action
03/08/00 65 FR 12378
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Katherine Blanton
Phone: 703 605-0761
Fax: 703 308-0514
Email: blanton.katherine@epa.gov
Kristina Meson
Phone: 703 308-8488
Fax: 703 308-0514
Email: meson.kristina@epa.gov
RIN: 2050-AE60
3443. REVISIONS TO GUIDELINES
FOR THE STORAGE AND
COLLECTION OF RESIDENTIAL,
COMMERCIAL, AND INSTITUTIONAL
SOLID WASTE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 243
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Rule
12/17/99 64 FR 70666
12/17/99 64 FR 70602
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Dwight Hlustick
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
Deborah Hanlon
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE66
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3444. OIL POLLUTION PREVENTION
REGULATION: REVISIONS
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1321 CWA sec
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: Following a major inland oil
spill with substantial environmental
impacts (i.e., Ashland Oil in Floreffe,
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23563
EPA—Oil Pollution Act (OPA)
Final Rule Stage
PA, in January 1988), an interagency
task force recommended steps to
improve EPA's oil spill prevention
program (40 CFR part 112). This
program requires oil storage facilities to
prevent and contain discharges that
could reach waters of the United States.
On October 22, 1991, the Agency
proposed revisions to implement some
of the task force recommendations and
on February 17, 1993, the Agency
proposed further clarifications and
technical changes to the spill
prevention regulations. On December 2,
1997, EPA supplemented the 1991 and
1993 proposed revisions with a
proposal to reduce burdens associated
with the oil spill prevention program
by reducing the recordkeeping
provisions or exempting some facilities
from some recordkeeping requirements.
This rule will take final action on the
1991, 1993, and 1997 proposals.
Timetable:
Action
Date FR Cite
NPRM 10/22/91 56 FR 54612
NPRM 02/17/93 58 FR 8824
Supplemental NPRM 12/02/97 62 FR 63812
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2634
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8769
Fax: 703 603-9116
Email: fleischman.hugo@epa.gov
RIN: 2050-AC62
3445. FACILITY RESPONSE PLAN
REGULATION FOR CERTAIN NON-
TRANSPORTATION-RELATED
FACILITIES THAT HANDLE, STORE,
OR TRANSPORT VEGETABLE OILS
AND ANIMAL FATS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 33 USC 2720; EO 12777 (October
18 1991); PL 105-276
CFR Citation: 40 CFR 112 (Revision)
Legal Deadline: None
Abstract: This regulation would modify
the existing regulations as they apply
to facilities that handle, store, or
transport vegetable oils and animal fats.
The Facility Response Plan (FRP) rule
applies only to high-risk facilities that
transfer large volumes of oil over water
or store 1 million gallons or more of
oil and meet additional criteria.
Because worst-case discharges from
these facilities could cause substantial
harm to the environment, facility
owners and operators are required to
prepare and implement response plans.
The rule applies to a small number of
vegetable oil/animal fat facilities (an
estimated 50 to 100, based on
information provided by industry). The
current rule already provides greater
flexibility to vegetable oil/animal fat
facilities in the development of these
plans than what is required for
petroleum facilities. The EPA FY1999
Appropriation (P.L. 105-276) directs the
Agency to issue regulations amending
40 CFR Part 112 (Oil Pollution
Prevention) to comply with the
requirements of the Edible Oil
Regulatory Reform Act (EORRA).
EORRA requires agencies to
differentiate between vegetable oils and
animal fats and other classes of oils,
based on properties and effects, in
issuing regulations.
Timetable:
Action
ANPRM
NPRM
Final Action
Date FR Cite
04/08/99 64 FR 17227
04/08/99
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4217
Sectors Affected: 311222 Soybean
Processing; 311223 Other Oilseed
Processing; 311225 Fats and Oils
Refining and Blending; 311613
Rendering and Meat By-product
Processing; 311711 Seafood Canning;
311712 Fresh and Frozen Seafood
Processing
Agency Contact: Barbara Davis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8823
Fax: 703 603-9116
Email: davis.barbara@epa.gov
RIN: 2050-AE64
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3446. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11004; 42
USC 9602(a)
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA has listed carbamate
waste streams as hazardous wastes
under the Resource Conservation and
Recovery Act (RCRA). RCRA listed
wastes, by statute, automatically
become hazardous substances under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) and are assigned a one
pound statutory reportable quantity
(RQ) unless EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA, in this action,
will propose RQ adjustments for the
carbamates. Most RQ adjustments are
expected to be greater than one pound.
Raising the RQs for these substances
would decrease the burden on 1) the
regulated community for complying
with the reporting requirements under
CERCLA and EPCRA; 2) Federal, State,
and local authorities for program
implementation; and 3) Federal, State,
or local authorities, if they release
hazardous substances at the RQ level
or greater.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM 06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423
Agency Contact: Frank Avvisato,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8949
Fax: 703 603-9100
Email: avvisato.frank@epa.gov
Lynn Beasley, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9014
Email: beasley.lynn@epa.gov
RIN: 2050-AE12
3447. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
Superfund (CERCLA) sec 105
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
NPRM 28
NPRM (Almeda)
Final Action 24
NPRM 29
Final Action 25
NPRM 30
Final Action
NPRM 31
Final Action 26
NPRM
Final Action
NPRM
Final Action
NPRM
Final Action
04/23/99 64 FR 19968
05/10/99 64 FR 24990
05/10/99 64 FR 24949
07/22/99 64 FR 39886
07/22/99 64 FR 39878
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5468
02/04/00 65 FR 5435
05/00/00
05/00/00
07/00/00
07/00/00
10/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3439
Agency Contact: Yolanda Singer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8835
Fax: 703 603-9100
Email: singer.yolanda@epa.gov
Terry Keidan, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: keidan.terry@epa.gov
RIN: 2050-AD75
3448. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 Subpart O
Action
Date FR Cite Legal Deadline: None
NPRM 24 03/06/98 63 FR 11340
Final Action 20 03/06/98 63 FR 11332
NPRM 25 07/28/98 63 FR 40247
Final Action 21 07/28/98 63 FR 40182
Final Action (Tex-Tm 09/18/98 63 FR 49855
Corp)
NPRM 26 09/29/98 63 FR 51882
Final Action 22 09/29/98 63 FR 51848
NPRM 27 01/19/99 64 FR 2950
Final Action 23 01/19/99 64 FR 2942
NPRM (Midnight Mine) 02/16/99 64 FR 7564
Abstract: 40 CFR Part 35 Subpart O
is the Superfund Administrative
Regulation that governs awarding of
Superfund cooperative agreements
(CAs) to States, Indian Tribes, and
Territiories of the United States.
Subpart O covers State-lead, site-
specific cooperative agreements for
non-time-critical removal, preremedial,
remedial, and enforcement actions, and
site-specific management assistance for
federal-lead projects. Also covered by
Subpart O are non-site-specific Core
Program and Voluntary Cleanup
Program State infrastructure
development, as well as Brownfields
pilots, and Brownfields assessments.
The requirements for Superfund State
Contracts, financial administration,
property, procurement, reporting,
recordkeeping, and closeout are
provided in Subpart O.
Subpart O was promulgated 6/5/1990,
and became effective on 7/5/1990.
Many changes in the Superfund
program have occurred over the past
almost ten years and these need to be
reflected in Subpart O. The six
categories of CAs presently used in
Subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in 1997, to consolidate
several of the cooperative agreements
offered in Subpart O, has grown to
about 16 for Fiscal Year 1998, and have
generated at least 60 approved
deviation requests from Subpart O and
40 CFR Part 31. These pilot projects
offer considerable administrative relief
to States, Tribes, and EPA by reducing
reporting requirements, broadening
scope changes without amendment,
increasing the ability to move monies
within and among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement funds to certain activities,
while maintaining site-specific
drawdown requirements needed for
cost recovery and Superfund
accounting. Further policy
developments have recently
recommended exploring the feasibility
of offering grants to States to
implement parts of the Superfund
program, but the grant cannot be
implemented unless Subpart O is
revised. Subpart O also needs to be
conformed with PArt 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements)
promulgated shortly after the
promulgation of Subpart O. Differences
between these two companion
regulations were not institutionalized at
that time.
EPA expects to examine the feasibility
of grant authority, institutionalize the
combining of CA types, create more
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23565
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
CAs, and other advances in
State/Tribal/EPA interaction.
Timetable:
Action
Date
FR Cite
NPRM 09/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal
Federalism: Undetermined
Procurement: This is a procurement-
related action for which there is no
statutory requirement. The agency has
not yet determined whether there is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4177
Agency Contact: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@epa.gov
Dave Evans, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 703 603-8885
Fax: 703 603-9100
Email: evans.dave@epa.gov
RIN: 2050-AE62
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3449. GRANTS FOR TECHNICAL
ASSISTANCE RULE REFORM—40 CFR
PART 35 SUBPART M
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 9617(e)
Superfund (CERCLA) sec 117
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: The revisions to the
Technical Assistance Grants (TAG)
Rule are intended to simplify the
application and administrative
processes. The new TAG Rule would
eliminate the requirement that budget
periods may not exceed 3 years. Budget
periods would be negotiated with TAG
applicants so that they have flexibility
to synchronize the period of time
during which the recipient anticipates
having a technical advisor involved
with the schedule of work at a site.
In addition, the new rule would
eliminate the 20 percent ceiling for
administrative costs of a grant so that
recipients do not need to differentiate
between programmatic and
administrative cost. The Agency
proposed to eliminate the distinction
between sole and multiple applicants
under the rule, since both must meet
identical criteria. The requirement that
the applicant demonstrate that there is
an actual or potential health threat
posed to group members by the site
would also be deleted since EPA
believes that there is a potential health
threat at all Superfund sites. EPA also
believes that all Superfund sites pose
potential economic and recreational
threats to adjacent communities, and
that there is no need for the applicant
to provide evidence of those threats.
Furthermore, EPA may already have
sufficient information from various
sources concerning the potential health,
economic, and recreational threats
posed by Superfund sites. The
proposed rule also included a new
provision that if finalized would allow
communities to receive cash advances
of up to $5,000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/24/99 64 FR 46233
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3806
Agency Contact: Lois Gartner,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8889
Fax: 703 603-9100
Email: gartner.lois@epa.gov
Suzanne Wells, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8863
Fax: 703 603-9100
Email: wells.suzanne@epa.gov
RIN: 2050-AE33
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3450. REPORTING EXEMPTIONS FOR
FEDERALLY PERMITTED RELEASES
OF HAZARDOUS SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 9602; 42 USC 11004
CFR Citation: 40 CFR 117; 40 CFR 302;
40 CFR 355
Legal Deadline: None
Abstract: This action would clarify the
definition of federally permitted release
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). Federally permitted releases
of hazardous substances are exempt
from CERCLA reporting and liability,
and from reporting under section 304
of the Emergency Planning and
Community Right-to-Know Act.
See "Additional Information" below for
information on Interim Guidance.
Timetable:
Action
Date
FR Cite
NPRM
07/19/88 53 FR 27268
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23566
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
Action
Date FR Cite
Supplemental Notice
Notice Interim Guide:
CERCLA
101(10)(H)FPR
Def/Certain Air
Emiss.
Notice of Public
Meeting &
Extension of
Comment Period
Final Action
07/11/89 54 FR 29306
12/21/99 64 FR 71614
02/02/00 65 FR 4966
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2394
The interim guidance discusses EPA's
interpretation of the Federally
Permitted Release (FPR) exemption as
it applies to certain air emissions,
responds to industry questions, and
solicits public comments on the issues
discussed in the interim guidance.
Public meeting held on 2/24/2000 and
comment period extended until
3/10/2000. (See 65 FR 4966).
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AB82
3451. STREAMLINING THE
PREAUTHORIZATION MIXED
FUNDING FOR APPLICATION AND
IMPLEMENTATION OF CLAIMS
AGAINST SUPERFUND
Priority: Substantive, Nonsignificant
Reinventing Government: This
mlemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 9601
CFR Citation: 40 CFR 307
Legal Deadline: None
Abstract: Current regulations at 40 CFR
part 307 provide for the
preauthorization of claims against the
Superfund in instances where the
Agency makes a determination that
mixed funding is appropriate. This
process has been labeled by many
stakeholders as overly burdensome. The
Agency has reviewed the current
process in order to identify areas in
which burdens may be lessened and
requirements may be streamlined. As a
result, the Agency is considering a
proposal to amend the current
regulation to: streamline the application
process by eliminating duplicative
information requirements; minimize the
requirements related to management,
oversight, and reporting of the cleanup,
by removing the requirement to be
guided by the Federal Acquisition
Requirements, and replacing the
requirement of maximum free and open
competition with a bright-line standard;
allow claimants to provide independent
certification of claims and supporting
documentation; streamline the actual
payment process by taking advantage of
the electronic funds transfer process;
ensure that cost recovery concerns are
addressed by requiring claimants,
within a settlement document, to
reimburse the Fund for costs not
recovered (only in the event cost
recovery is initiated), due to claimants'
failure to provide adequate
documentary support or upon a
determination that response costs
expended (and claimed) were not
reasonable or not incurred consistent
with the National Contingency Plan
and ensure proper accounting by
requiring offsets for funds owed to the
Agency by claimants.
Timetable:
Action
Date
FR Cite
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3885
Agency Contact: Seth Bruckner,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8766
Fax: 703 603-9100
Email: bruckner.seth@epa.gov
RIN: 2050-AE38
3452. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USC 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the
development of evaluation criteria for
the designation of substances as
hazardous under CERCLA. It is
necessary to develop evaluation criteria
because the Agency has the authority
under CERCLA 102(a) to designate
substances as hazardous; however, the
Agency does not have criteria to do so.
To date the only substances designated
as CERCLA hazardous substances are as
a result of their appearance on other
Acts' lists defined under CERCLA
101(14). Using CERCLA designation
criteria the Agency may establish
CERCLA hazardous substances
independently from other Acts, in the
interest of public health and the
environment.
The purpose of this action is to have
well thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102(a) hazardous substance. The
Agency already has the authority to
designate substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
To Be Determined Action
Date FR Cite
ANPRM 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4201
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE63
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23567
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Prerule Stage
3453. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE ORGANIC CHEMICALS,
PLASTICS AND SYNTHETIC FIBERS
CATEGORY (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 414
Legal Deadline: None
Abstract: In November 1987, EPA
established effluent limitations
guidelines and standards for the
Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) industrial
category (52 FR 42522, November 5,
1987), under the authority of sections
301, 304, 306, 307, 308, 402, and 501
of the Clean Water Act. In 1993, EPA
issued amendments to the final rule (58
FR 36872, July 9, 1993) to respond to
the U.S. Fifth Circuit Court of Appeals'
remand decisions on the OCPSF
regulation. The 1993 amendments
resulted in little change to the number
or extent of small business impacts.
The 1987 final rule incorporated
special provisions (i.e., less stringent
regulations) to minimize the economic
impact for a subset of small plants, and
the 1993 amendments maintained those
provisions. EPA conducted a regulatory
flexibility analysis for the final rule and
concluded (for the 1987 rulemaking
and again for the 1993 amendments)
that the effluent limitations are
economically achievable for the
industry as a whole, although some
small businesses would experience a
significant economic impact. The
analysis estimated impacts in terms of
plant and product line closures and
profit and sales impacts. As reported
in the 1993 amendments, EPA
projected the following small business
impacts: for direct dischargers, EPA
projected significant impacts for 77
percent of the small plants; for indirect
dischargers, EPA projected significant
impacts for 63 percent of the small
plants.
EPA is reviewing the 1987 OCPSF
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the OCPSF effluent
guidelines should be continued without
change, or should be amended or
rescinded, to minimize economic
impacts on small entities while still
complying with the provisions of the
Clean Water Act. EPA has already
solicited comment on the continued
need for the rule; the complexity of the
rule; the extent to which it overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and the degree to which
technology, economic conditions, or
other relevant factors have changed
since the rule was promulgated.
EPA continues to view the effluent
limitations for the OCPSF category as
a necessary component of the
comprehensive program to restore and
maintain the quality of our Nation's
waters. EPA intends to continue to
require compliance with the regulation.
Until and unless the Agency modifies
the rule, the discharges described in 40
CFR 414.11 remain subject to the final
rule.
Timetable:
Action
Date
FR Cite
Begin Review
End Review
11/22/99 64 FR 65140
10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4364
Agency Contact: Frank Hund,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7182
Fax: 202 260-7185
Email: hund.frank@epa.gov
RIN: 2040-AD45
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3454. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1317 CWA sec
308; 33 USC 1317 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 438
Legal Deadline: Final, Judicial,
December 31, 2002.
NPRM, Judicial, October 31, 2000.
Abstract: EPA is developing effluent
limitations guidelines for facilities that
generate wastewater while processing
metal parts; metal products; and
machinery, including manufacture,
assembly, rebuilding, repair, and
maintenance. A proposed rule in 1995
covered seven industrial groups:
aircraft, aerospace, hardware, ordnance,
stationary industrial equipment, mobile
industrial equipment, and electronic
equipment. EPA has consolidated this
rulemaking with a second phase, and
coverage will include additional
industrial groups such as: bus and
truck, household equipment,
instruments, motor vehicles, office
machines, precious metals and jewelry,
railroads, job shops, printed circuit
boards, and ships and boats. The
deadlines and timetable apply to the
consolidated Phase 1 and 2 rulemaking.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM (Phase 1) 05/30/95 60 FR 28210
NPRM (Consolidated 10/00/00
Phase 1 and 2)
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 2806
Sectors Affected: 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 339
Miscellaneous Manufacturing
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23568
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Agency Contact: Shari Barash,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7130
Fax: 202 260-7185
Email: barash.shari@epa.gov
Mike Ebner, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-5397
Fax: 202 260-7185
Email: ebner.michael@epa.gov
RIN: 2040-AB79
3455. EFFLUENT GUIDELINES AND
STANDARDS FOR IRON AND STEEL
MANUFACTURING POINT SOURCE
CATEGORY
Priority. Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1362 CWA sec 502
CFR Citation: 40 CFR 420
Legal Deadline: Final, Judicial, April
30, 2002.
NPRM, Judicial, October 31, 2000.
Abstract: EPA will propose
amendments to the effluent limitations
guidelines and standards regulations for
the Iron and Steel Manufacturing Point
Source Category to reflect significant
industry changes related to
consolidation and modernization
within the U.S. steelmaking industry as
well as advances in manufacturing
technologies, in-process pollution
prevention, water conservation
practices, and end-of-pipe wastewater
treatment.
Timetable:
Action
Date
FR Cite
10/00/00
04/00/02
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3833
Sectors Affected: 331111 Iron and
Steel Mills; 3312 Steel Product
Manufacturing from Purchased Steel;
3328 Coating, Engraving, Heat Treating
and Allied Activities; 324199 All Other
Petroleum and Coal Products
Manufacturing
Agency Contact: George Jett,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7151
Fax: 202 260-7185
Email: jett.george@epa.gov
RIN: 2040-AC90
3456. EFFLUENT GUIDELINES AND
STANDARDS FOR THE FEEDLOTS
POINT SOURCE CATEGORY, SWINE
AND POULTRY SUBCATEGORIES,
AND NPDES REGULATION FOR
CONCENTRATED ANIMAL FEEDING
OPERATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1318
CWA sec 308; 33 USC 1361 CWA sec
501; 33 USC 1342 CWA sec 402; 33
USC 1317 CWA sec 307
CFR Citation: 40 CFR 412; 40 CFR
122.23
Legal Deadline: NPRM, Judicial,
December 15, 2000, Effluent Guideline.
Final, Judicial, December 15, 2002,
Effluent Guideline.
Abstract: Feedlot operations are
covered by existing effluent guidelines
at 40 CFR 412 and concentrated animal
feeding operations (CAFOs) are covered
by regulations at 40 CFR 122.23. This
action will revise the existing
regulations for two of the effluent
guidelines subcategories to address
swine and poultry operations and the
NPDES regulation for concentrated
animal feeding operations. The existing
regulations, which require the largest
confined animal feeding operations to
achieve zero discharge of wastes to
surface waters except for certain storm
related discharges, have not been
sufficient to resolve water quality
impairment from feedlot operations.
Swine and poultry operations have
been identified as substantial
contributors of nutrients in surface
waters that have severe anoxia (low
levels of dissolved oxygen) and
problem algae blooms.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4153
EPA plans to publish this rule in
conjunction with SAN 4167.
Sectors Affected: 11221 Hog and Pig
Farming; 11292 Horse and Other
Equine Production; 11239 Other
Poultry Production; 112112 Cattle
Feedlots; 11232 Broilers and Other
Meat Type Chicken Production; 11231
Chicken Egg Production; 11212 Dairy
Cattle and Milk Production; 11241
Sheep Farming; 11233 Turkey
Production
Agency Contact: Jan Goodwin,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7152
Fax: 202 260-7185
Email: goodwin.janet@epa.gov
Karen Metchis, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-7069
Fax: 202 260-1460
Email: metchis.karen@epa.gov
RIN: 2040-AD19
3457. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE FEEDLOTS POINT SOURCE
CATEGORY, DAIRY AND BEEF
CATTLE SUBCATEGORIES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 412
Legal Deadline: NPRM, Judicial,
December 15, 2000.
Final, Judicial, December 15, 2002.
Abstract: Feedlot operations are
covered by existing effluent guidelines
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23569
EPA—Clean Water Act (CWA)
Proposed Rule Stage
at 40 CFR 412. This new regulatory
action will revise the existing
regulations for two of the
subcategories—dairy and beef cattle
operations. The existing regulations,
which require the largest confined
animal feeding operations to achieve
zero discharge of wastes to surface
waters except for certain storm related
discharges, have not been sufficient to
resolve water quality impairment from
feedlot operations. Beef and dairy cattle
operations represent a large segment of
the feedlot industry and have been
identified as substantial contributors of
nutrients in surface waters that have
severe anoxia (low levels of dissolved
oxygen) and affect drinking water
sources in some regions of the country.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4167
EPA plans to publish this rule in
conjunction with SAN 4153.
Sectors Affected: 112112 Cattle
Feedlots; 11212 Dairy Cattle and Milk
Production
Agency Contact: Ron Jordan,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7115
Fax: 202 260-7185
Email: jordan.ronald@epa.gov
Paul Shriner, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-3163
Fax: 202 260-7185
Email: shriner.paul@epa.gov
RIN: 2040-AD21
3458. REVISIONS TO EFFLUENT
GUIDELINES AND STANDARDS FOR
THE COAL MINING POINT SOURCE
CATEGORY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 434
Legal Deadline: NPRM, Judicial, March
31, 2000.
Final, Judicial, December 31, 2001.
Abstract: Coal mining discharges are
covered by existing effluent guidelines
at 40 CFR part 434. This new regulatory
action will revise the existing
regulations to address two new
subcategories: Coal Remining and
Western Alkaline Coal Mining. The
existing regulations do not cover
remining operations, which, when
appropriately planned and regulated,
will improve effluent quality from
abandoned mine lands while
reclaiming them and prevent
disturbance of unexploited lands.
Advances in treatment technologies and
Best Management Practices pertinent to
coal mines in the arid West show
promise of being more protective of
water quality.
Timetable:
Action
Date
FR Cite
NPRM 04/00/00
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4168
Sectors Affected: 21211 Coal Mining
Agency Contact: Joe Vitalis,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7172
Fax: 202 260-7185
Email: vitalis.joseph@epa.gov
John Tinger, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
RIN: 2040-AD24
3459. EFFLUENT GUIDELINES FOR
THE CONSTRUCTION AND
DEVELOPMENT INDUSTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1361 CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
December 31, 2000.
Final, Judicial, December 31, 2002.
Abstract: The effluent guidelines will
apply to construction activities
associated with new development, as
well as to those associated with re-
development activities. The regulations
will address storm water runoff from
construction sites during the active
phase of construction, as well as post-
construction runoff. Construction
activity is a major source of sediment
and other pollutants discharged to the
nation's waters. Industries potentially
affected by this rulemaking include
land developers, home builders,
builders of commercial and industrial
property, and other private and public
sector construction site owners and
operators. EPA will develop design
criteria for erosion and sediment
controls and storm water best
management practices (BMPs). These
requirements will be implemented in
NPDES storm water permits issued to
construction site owners and operators.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4280
Legal Deadlines: EPA is pursuing
extensions to the Consent Decree
deadlines.
Sectors Affected: 23 Construction
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7150
Fax: 202 260-7185
Email: strassler.eric@epa.gov
RIN: 2040-AD42
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23570
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
3460. • 2000 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(m) CWA
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
August 28, 2000.
Abstract: The Effluent Guidelines Plan
is published biennially as required by
the Clean Water Act and a consent
decree (NRDC et al v. Browner, 89-2980
(D.D.C.)). The Plan discusses the status
of ongoing rulemakings, development
of additional rules, and preliminary
studies. The Plan sets forth EPA's
rationale for the selection of particular
industries as candidates for new or
revised effluent guidelines.
Timetable:
Action
Date
FR Cite
Proposed Plan
Final Plan
05/00/00
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4368
Agency Contact: Wendy D. Smith,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7184
Fax: 202 260-7185
Email: smith.wendy@epa.gov
RIN: 2040-AD47
3461. WATER QUALITY STANDARDS
REGULATION — REVISION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1313 CWA sec
303(c)
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Water quality standards set
by States and Indian tribes establish the
water quality goals for surface waters
of the U.S. and the means by which
attainment of these goals will be
measured and assured. They are the
foundation for protecting water quality
and related public health and welfare
and the ecological health of the nation's
waters. The Federal water quality
standards regulation at 40 CFR Part 131
governs the development, review and
revision of water quality standards
under section 303(c) of the Clean Water
Act by States and Indian Tribes, and
the review and approval of water
quality standards by EPA. Based upon
the Federal, State, Tribal and local
experience gained in the program over
the last 20 years, EPA's proposed
revisions to 40 CFR 131 are intended
to strengthen the water quality
standards regulation thus enhancing
water quality management on a
watershed basis, and focusing Federal,
State and Tribal resources on the areas
of greatest concern. Program areas
identified for revision include mixing
zone policies and procedures.
Timetable:
Action Date FR Cite
ANPRM
NPRM
Final Action
07/07/98 63 FR 36741
09/00/00
10/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3662
Agency Contact: Susan Gilbertson,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1188
Email: gilbertson.sue@epa.gov
RIN: 2040-AC56
3462. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA authorizes the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
water quality standards. EPA is
developing a proposed federal
rulemaking to determine the
appropriate use designations for five
waterbodies in Alabama subject to
outstanding EPA disapprovals.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4264
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region IV, Atlanta, GA 30303
Phone: 404 562-9267
Jim Keating, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-3845
Fax: 202 260-9830
Email: keating.jim@epa.gov
RIN: 2040-AD35
3463. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: EPA is considering whether
to promulgate a national rule
containing core federal water quality
standards (WQS) to support tailored,
site-specific decisions for all Indian
country waters that do not have EPA-
approved Tribal standards. EPA is
contemplating this rule as a first step
towards ensuring that the core Clean
Water Act (CWA) framework for
protecting water quality is in place for
all such waters. The core federal water
quality standards would establish: use
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23571
EPA—Clean Water Act (CWA)
Proposed Rule Stage
designations consistent with CWA
section 101(a) goals and other
provisions of the CWA; narrative water
quality criteria for protecting the
designated uses; and an antidegradation
policy designed to protect water
quality. Such standards would provide
a basis for EPA (in consultation with
a Tribe) to affect pollution discharges
occurring upstream from Tribal waters;
provide a legally enforceable basis for
including water quality based
limitations or conditions in permits or
certifications for discharges within
Indian country; and provide the basis
for EPA to establish Total Maximum
Daily Loads (TMDLs) for Indian
country waters. A federal promulgation
would not prevent Tribes from
developing their own standards.
Timetable:
Action
Date
FR Cite
NPRM 07/00/00
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Tribal
Federalism: Undetermined
Additional Information: SAN No. 4344
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1542
Fax: 202 260-9830
Email: leutner.fred@epa.gov
Joanne Dea, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-0180
Fax: 202 260-9830
Email: dea.joanne@epa.gov
RIN: 2040-AD46
3464. TEST PROCEDURES FOR THE
ANALYSIS OF CRYPTOSPORIDIUM
AND GIARDIA UNDER THE SAFE
DRINKING WATER AND CLEAN
WATER ACTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361 CWA 501(a); 42
USC 300(f] SDWA 1412; 42 USC
300(g)(l) SDWA 1413; 42 USC 300(g)(2)
SDWA 1414; 42 USC 300(g)(3) SDWA
1415; 42 USC 300(g)(4) SDWA 1416; 42
USC 300(g)(5) SDWA 1445; 42 USC
300(j)(4) SDWA 1450; 42 USC 300(j)(9)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
Part 136 and the analytical methods
under 40 CFR Part 141 to approve EPA
Method 1622 for the detection of
Cryptosporidium and Giardia in
ambient waters and finished drinking
water by filtration of a 10-L sample in
laboratory, separation of target
organisms from other debris using
immunomagnetic separation, and
detection of the organisms using
immunofluorescence assay and
differential interference contrast
microscopy and confirmation
examination of the organisms using
vital dye stains.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4047
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD08
3465. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI AND
ENTEROCOCCI UNDER THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136.3
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
Part 136 to approve microbiological
methods for monitoring ambient water.
Ambient water contamination is
determined by the presence of bacterial
indicators. In 1986, EPA issued a
revision to its bacteriological ambient
water quality criteria recommendations
to include new indicator bacteria, E.coli
and enterococci. To support the
ambient water quality criteria for
bacteria, EPA is planning to promulgate
several analytical methods for
monitoring E.coli and enterococci in
ambient water. This proposed
regulation would approve test
procedures to be available for use by
testing laboratories.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4214
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD34
3466. • REVISIONS TO METHOD
DETECTION AND QUANTIFICATION
FOR USE UNDER THE CLEAN WATER
ACT AND SAFE DRINKING WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); PL
92-500 76 Stat. 816; PL 95-217 91 Stat.
1567; PL 100-4 100 Stat. 7
CFR Citation: 40 CFR 136(b)
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23572
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the "Guidelines
Establishing Test Procedures for the
Analysis of Pollutants" under 40 CFR
Part 136 to approve revisions to the
detection and quantification procedures
currently used by EPA for those
analytes regulated in the wastewater
program as authorized under the Clean
Water Act (CWA) and in the drinking
water program under the Safe Drinking
Water Act (SOW A). The current method
detection limit (MDL) procedure is set
forth at 40 CFR part 136, Appendix B.
EPA's Office of Water has not
promulgated a procedure for
quantification but it uses the minimum
level of quantitation (ML) in its
wastewater program and the practical
quantitation level (PQL) in its drinking
water program. The ML is defined in
analytical methods and is generally set
at 3.18 times the MDL. The PQL is
generally set at five to ten times the
MDL. The Office of Water has been
working to revise and refine these
concepts in response to the need to
regulate pollutants at low levels (often
levels that are lower than measurement
capabilities will allow) and to address
other potential approaches to detection
and quantification, including concepts
being introduced by outside
organizations such as voluntary
consensus standards bodies (VCSBs).
The rulemaking would also address
criticisms to the current MDL and
quantification approaches which have
been raised by outside organizations.
Additionally, EPA will consider
whether other approaches from VCSBs
are acceptable for EPA's regulatory
needs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4378
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD53
3467. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES -
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), "Uniform
National Discharge Standards for
Vessels of the Armed Forces." Section
312(n) directs EPA and DOD to work
together to provide Armed Forces
vessels with a nationally uniform set
of discharge standards, which preempt
State discharge standards for these
vessels. The purpose of the statute is
to allow DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as fire
main); and some have the potential to
introduce nonindigenous invasive
aquatic species (such as ballast water).
Phase II will establish performance
standards for control devices for these
25 discharges. Once DOD implements
rules for achieving the standards set in
phase II, covered discharges from
Armed Forces vessels will be required
to meet these standards, and will not
be subject to discharge standards
established by States.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4357
Agency Contact: Gregory Stapleton,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0141
Fax: 202 260-7185
Email: stapleton.gregory@epa.gov
RIN: 2040-AD39
3468. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES UNDER SECTION
316(B) OF THE CLEAN WATER ACT
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1316 CWA sec 306; 33
USC 1326 CWA sec 316; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 125 (New); 40
CFR 401 (Revised)
Legal Deadline: NPRM, Judicial, July
20, 2001, For existing facilities.
Final, Judicial, August 13, 2001, For
existing facilities.
NPRM, Judicial, July 20, 2000, For new
facility.
Final, Judicial, August 13, 2001, For
new facility.
Abstract: EPA is currently developing
regulations for proposal under section
316(b) of the Clean Water Act (CWA).
This regulation will apply to the intake
of water and not the discharge. Section
316(b) provides that any standard
established pursuant to sections 301 or
306 of the Clean Water Act and
applicable to a point source shall
require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available (BTA) for
minimizing adverse environmental
impact. A primary purpose of section
316(b) is to minimize the impingement
and entrainment of fish and other
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23573
EPA—Clean Water Act (CWA)
Proposed Rule Stage
aquatic organisms by cooling water
intake structures. Impingement refers to
the trapping of fish and other aquatic
life in cooling water intake screens.
Entrainment occurs when aquatic
organisms, eggs and larvae are sucked
into the cooling system, through the
heat exchanger, and then pumped back
out.
Timetable:
Action
Date
FR Cite
NPRM New Facilities 07/00/00
NPRM Existing 07/00/01
Facilities
Final Action New 08/00/01
Facilities
Final Action Existing 08/00/01
Facilities
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 3444
The Court is Devaluating the deadline
for the final rules.
Sectors Affected: 322121 Paper (except
Newsprint) Mills; 32213 Paperboard
Mills; 32411 Petroleum Refineries;
325311 Nitrogenous Fertilizer
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
331111 Iron and Steel Mills; 331221
Cold-Rolled Steel Shape Manufacturing;
331222 Steel Wire Drawing; 33121 Iron
and Steel Pipes and Tubes
Manufacturing from Purchased Steel;
331315 Aluminum Sheet, Plate and
Foil Manufacturing; 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries; 331525 Copper Foundries
Agency Contact: Deborah Nagle,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-2656
Fax: 202 260-1460
Email: nagle.deborah@epa.gov
J. T. Morgan, Environmental Protection
Agency, Water, 4203, Washington, DC
20460
Phone: 202 260-6015
Fax: 202 260-1460
Email: morgan.james@epa.gov
RIN: 2040-AC34
3469. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1342 CWA sec
402; 33 USC 1361 CWA sec 501; 33
USC 1318 CWA sec 308; 33 USC 1311
CWA sec 301; 33 USC 1312 CWA sec
302; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: On February 21, 1995,
President Clinton issued a directive
requesting that Federal agencies review
their regulatory programs to eliminate
any obsolete, ineffective, or unduly
burdensome regulations. In response to
that directive, EPA plans to issue
several rulemaking packages to revise
NPDES requirements in parts 122, 123,
and 124 to eliminate redundant
regulations, provide clarification, and
remove or streamline unnecessary
procedures. Revisions under
consideration in this rule include
adding additional permit modifications
that can be considered minor
modifications at 122.63, and changes to
requirements concerning EPA's review
of State permits. Other revisions may
be considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3786
Agency Contact: Howard Rubin,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-2051
Fax: 202 260-1460
Email: rubin.howarde@epa.gov
Thomas Charlton, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-6960
Fax: 202 260-1460
Email: charlton.tom@epa.gov
RIN: 2040-AC84
3470. REVISIONS TO NPDES
REQUIREMENTS FOR MUNICIPAL
SANITARY SEWER COLLECTION
SYSTEMS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1318 CWA sec 308; 33 USC 1342
CWA sec 402; 33 USC 1361 CWA sec
501 (a)
CFR Citation: 40 CFR 122.41; 40 CFR
122.42
Legal Deadline: None
Abstract: Under a Presidential directive
dated May 29, 1999, EPA is to develop
within one year, a national regulation
to prevent sanitary sewer overflows
from contaminating our Nation's
beaches and jeopardizing the health of
our Nation's families. In response, EPA
is developing a notice of proposed
rulemaking that would propose a
broad-based revaluation framework for
sanitary sewer collection systems under
the NPDES program. The Agency is
proposing standard permit conditions
for inclusion in permits for publicly
owned treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
address reporting requirements for
SSOs, recordkeeping and capacity
assurance, management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; public notice requirements for
SSOs; and a prohibition on SSOs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
05/00/01
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23574
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 3999
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Agency Contact: George Utting,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-9530
Fax: 202 260-1460
Email: utting.george@epa.gov
Sharie Centilla, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-6052
Fax: 202 260-1040
Email: centilla.sharie@epa.gov
RIN: 2040-AD02
3471. ESTABLISHMENT OF
ELECTRONIC REPORTING FOR
NPDES PERMITTEES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304(i); 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122.22; 40 CFR
122.41(k); 40 CFR 122.41(j); 40 CFR
122.41(1); 40 CFR 122.63; 40 CFR
403.12g
Legal Deadline: None
Abstract: EPA is proposing changes to
its NPDES regulations to allow reports
and other information to be submitted
electronically. When EPA promulgated
the current NPDES regulations, the
Agency did not anticipate the need or
technologies for electronic reporting.
Consequently, the current regulations
do not specifically address use of
electronic reporting technologies. The
proposed rule would establish criteria
for electronic reporting and a specific
process and conditions for electronic
reporting of discharge monitoring
reports (DMR) to EPA that are intended
to achieve reliable and secure
electronic reporting in the NPDES
program. The proposal addresses
electronic signature, certification, and
record keeping requirements that
permittees would follow when
submitting forms to EPA electronically.
The rule will not require electronic
reporting.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4051
Agency Contact: Brian Frazer,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-0101
Fax: 202 260-1460
Email: frazer.brian@epa.gov
RIN: 2040-ADll
3472. RECOGNITION AWARDS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: CWA 501(e)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is formalizing
the eligibility requirements,
nominations process, application
provisions and selection criteria for the
annual Clean Water Act (CWA) Awards
known as the National Wastewater
Management Excellence Awards
Program. Section 50l(e) of the CWA
authorizes the Administrator, on behalf
of the U.S. Government to recognize
outstanding technological achievements
or innovative processes, methods or
devices in waste treatment and
pollution abatement programs. The rule
would establish regulations under
which the recognition may be applied
for and granted. Though the Agency
has been making presentations for
several years, this action would
minimize the number of inquiries
concerning the awards program's
winners and their qualifications. The
program currently includes awards for
Operations and Maintenance, Beneficial
Use of Biosolids, Storm Water
Management, Pretreatment, and
Combined Sewer Overflow Controls.
Awards for other programs may be
added later. EPA is formalizing the
CWA awards program using a direct
final rulemaking because the Agency
does not expect adverse comments.
Unless the Agency receives comments
requiring a response during the public
comment period associated with an
identical companion proposed rule
published elsewhere in the Federal
Register on the same date, the
formalized eligibility requirements,
nominations process, application
provisions and selection criteria will
become effective without further notice.
Timetable:
Action
Date FR Cite
NPRM companion of 05/00/00
Direct Final Rule
Direct Final Rule 05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4332
Note: This rule was formerly known as
National Wastewater Management
Excellence Awards Program.
Agency Contact: Maria Campbell,
Environmental Protection Agency,
Water, 4204, Washington, DC 20460
Phone: 202 260-5815
Email: campbell.maria@epa.gov
RIN: 2040-AD44
3473. CLEAN WATER ACT DEFINITION
OF THE WATERS OF THE UNITED
STATES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1361 CWA sec
501; 33 USC 1362 CWA sec 502
CFR Citation: 33 CFR 328.3(a); 40 CFR
232.2
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to amend the regulatory
definition of waters of the United
States. The proposal would clarify the
basis for asserting Clean Water Act
(CWA) jurisdiction over isolated intra-
state waters and wetlands. The existing
regulations contain language asserting
jurisdiction over isolated intra-state
waters, but that regulatory provision
has been the subject of litigation.
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23575
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Revision of the regulatory language is
necessary to address the court's
decision, improve regulatory clarity,
and provide more specificity regarding
CWA jurisdiction over intra-state
isolated waters and wetlands. The
rulemaking would apply to entities
(e.g., industrial, commercial,
governmental) that discharge
pollutants, including dredged or fill
material, to isolated intra-state surface
waters or wetlands. Significant impacts
on small entities or state/local/tribal
governments are not anticipated, as the
proposed regulatory revisions would be
consistent with current Agency practice
and policy in carrying out CWA
mandates.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2804
Agency Contact: John Lishman,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
John Goodin, Environmental Protection
Agency, Water, 4502F, Washington, DC
20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AB74
3474. FURTHER REVISIONS TO
CLEAN WATER ACT DEFINITION OF
DISCHARGE OF DREDGED MATERIAL
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344
CFR Citation: 33 CFR 323.2(d); 40 CFR
232.2
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to clarify the regulatory
definition of discharge of dredged
material under the Clean Water Act
Section 404. This action is being taken
in follow-up to a final rule that was
promulgated in May 1999 to comply
with a court decision. The May 1999
rule clarified that incidental fallback is
not regulated under the definition of
discharge of dredged material. Further
clarification of the definition of
discharge of dredged material is now
being undertaken in order to help
ensure that the waters of the U.S.,
including wetlands, continue to receive
the protection they need and to help
reduce ambiguity for the regulated
community and ensure consistent
application of the regulatory definition.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4261
Agency Contact: John Lishman,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
John Goodin, Environmental Protection
Agency, Water, 4502F, Washington, DC
20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AD41
3475. • REVISION TO CLEAN WATER
ACT REGULATORY DEFINITION OF
"FILL MATERIAL
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344
CFR Citation: 33 CFR 323.2(e); 40 CFR
232.2
Legal Deadline: None
Abstract: Section 404 of the Clean
Water Act requires a permit from the
U.S. Army Corps of Engineers (Corps)
for discharges of dredged or fill
material to navigable waters of the
United States. The Environmental
Protection Agency (EPA) and Corps'
regulations implementing section 404
currently contain differing definitions
of the term "fill material." In particular,
the Corps regulations define fill
material as being used "for the primary
purpose of replacing an aquatic area
with dry land or changing the bottom
elevation of a waterbody. In contrast,
EPA's definition of fill material looks
to whether the effect is to replace
waters of the United States with dry
land or change the bottom elevation of
waterbodies, and does not contain a
"primary purpose" test as found in the
Corps regulations. In order to clarify
what constitutes "fill material" for
purposes of section 404 and provide
improved regulatory certainty, the
Corps and EPA are considering notice
and comment rulemaking to achieve
greater consistency between the two
agencies' definitions of "fill material."
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4375
Agency Contact: John Lishman,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
John Goodin, Environmental Protection
Agency, Water, 4502F, Washington, DC
20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AD51
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Final Rule Stage
3476. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT INDUSTRY
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 437
Legal Deadline: Final, Judicial, August
31, 2000.
Abstract: Centralized Waste Treatment
facilities receive hazardous and non-
hazardous waste from off-site for
treatment or recovery operations
(excluding solvent recovery). EPA is
developing technology-based effluent
limitations and pretreatment standards
to control the discharge of pollutants
from these facilities. This rule was
formerly titled Waste Treatment, Phase
I.
Timetable:
Action
Date
FR Cite
01/27/95 60 FR 5464
09/16/96 61 FR 48805
NPRM
Notice of Data
Availability
NPRM Reproposal 01/13/99 64 FR 2279
Final Action 08/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 2805
Sectors Affected: 562219 Other
Nonhazardous Waste Treatment and
Disposal
Agency Contact: Jan Matuszko,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone; 202 260-9126
Fax: 202 260-7185
Email: matuszko.jan@epa.gov
Tim Connor, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-3164
Fax: 202 260-7185
Email: connor.timothy@epa.gov
RIN: 2040-AB78
3477. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
TRANSPORTATION EQUIPMENT
CLEANING CATEGORY
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1317 CWA sec 307; 33
USC 1314 CWA sec 304; 33 USC 1361
CWA sec 501; 33 USC 1316 CWA sec
306
CFR Citation: 40 CFR 442
Legal Deadline: NPRM, Judicial, May
15, 1998.
Final, Judicial, June 15, 2000.
Abstract: EPA is developing effluent
limitation guidelines and pretreatment
standards for transportation equipment
cleaning facilities, which clean the
interiors of tank trucks, rail tank cars,
intermodal tank containers, ocean/sea
tankers and tank barges.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
Final Action
06/25/98 63 FR 34685
07/20/99 64 FR 38863
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3204
Sectors Affected: 562998 All Other
Miscellaneous Waste Management
Services
Agency Contact: John Tinger,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
RIN: 2040-AB98
3478. REFORMATTING OF EFFLUENT
GUIDELINES AND STANDARDS IN 40
CFR PARTS 401 THROUGH 471
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1361 CWA sec 502; 33
USC 1342 CWA sec 402
CFR Citation: 40 CFR 405 to 471
(Revision)
Legal Deadline: None
Abstract: This regulatory action will
recodify the existing Effluent
Limitations and Standards in 40 CFR
parts 401 through 471, without making
any changes in the requirements
therein. The purpose of this action is
to enable the Federal, State, and local
regulators and the regulated community
to more easily read, understand and
implement the regulations.
Timetable:
Action
Date
FR Cite
Direct Final Rule 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3767
Agency Contact: Hugh Wise,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7177
Fax: 202 260-7185
Email: wise.hugh@epa.gov
RIN: 2040-AC79
3479. REVISIONS TO EFFLUENT
GUIDELINES AND STANDARDS FOR
SYNTHETIC-BASED DRILLING FLUIDS
IN THE OIL AND GAS EXTRACTION
POINT SOURCE CATEGORY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 435
Legal Deadline: NPRM, Judicial,
December 31, 1998.
Final, Judicial, December 31, 2000.
Abstract: This regulatory action will
establish effluent limitations for the use
of synthetic-based drilling fluids (SBF).
Although oil and gas extraction is
covered by existing effluent guidelines,
the SBFs are a new technology not
addressed in the guidelines, and
applying the existing regulations which
were developed for water-based and
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23577
EPA—Clean Water Act (CWA)
Final Rule Stage
oil-based drilling fluids is not
appropriate. The use of SBFs presents
an opportunity for environmental gain.
On a drilling performance basis, SBFs
replace oil-based drilling fluids, but
unlike oil-based drilling fluids, SBFs
are free of aromatic hydrocarbon
priority pollutants, exhibit greatly
reduced toxicity, biodegrade relatively
rapidly, and do not bioaccumulate.
Compared to water-based drilling
fluids, SBFs have reduced aquatic
toxicity and lower discharge volumes
resulting in lower toxic metals
discharge. To realize the potential
environmental gain, new guidelines
specific to the SBFs are necessary to
minimize the wastestream volume and
control potential contaminants, toxicity,
biodegradation, and bioaccumulation.
Timetable:
Action
Date
FR Cite
02/03/99 64 FR 5487
12/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4086
Sectors Affected: 21111 Oil and Gas
Extraction
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7186
Fax: 202 260-7185
Email: johnston.carey@epa.gov
Ron Kirby, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-7168
Fax: 202 260-7185
Email: kirby.ronald@epa.gov
RIN: 2040-AD14
3480. EFFLUENT GUIDELINES AND
STANDARDS FOR THE BLEACHED
PAPERGRADE KRAFT
SUBCATEGORY OF THE PULP,
PAPER, AND PAPERBOARD
CATEGORY; CERTIFICATION IN LIEU
OF MONITORING FOR CHLOROFORM
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1342 CWA sec
402; 33 USC 1318 CWA sec 308; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: This action is a follow-on to
the already-promulgated Pulp and
Paper Cluster Rules covering the
Bleached Papergrade Kraft Subcategory
(Subpart B). EPA is considering
allowing Subpart B mills to certify
process changes (specifically,
elimination of elemental chlorine and
hypochlorite) and operating conditions
in lieu of minimum monitoring to
demonstrate compliance with the
effluent limitations for chloroform.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/15/98 63 FR 18796
07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4192
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Troy Swackhammer,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7128
Fax: 202 260-7185
Email: swackhammer.j-troy@epa.gov
RIN: 2040-AD23
3481. ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS FOR THE STATE OF
CALIFORNIA
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: Final, Statutory,
November 3, 1997, EPA is required to
promulgate 90 days after proposal.
Abstract: Several municipal entities
and one industry in California sued the
California State Water Resources
Control Board (SWRCB) in State court
over whether the SWRCB's water
quality control plans for inland surface
waters and enclosed bays and estuaries
were adopted in compliance with
authorizing State law. The court issued
its final decision in March 1994; the
Court agreed with the plaintiffs and
found that the plans could not remain
in effect. The SWRCB was ordered to
rescind its plans which contain the
State's numeric criteria for priority
toxic pollutants. In the absence of State
criteria, the Clean Water Act requires
the Administrator to promulgate water
quality criteria for priority toxic
pollutants where EPA has issued
section 3 04 (a) criteria guidance when
the discharge of such pollutants could
reasonably be expected to interfere with
the State's designated uses.
Timetable:
Action
Date
FR Cite
NPRM 08/05/97 62 FR 42160
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3504
Agency Contact: William Morrow,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-3657
Fax: 202 260-9830
Email: morrow.william@epa.gov
Matt Mitchell, Environmental
Protection Agency, Water, Region IX,
San Francisco, CA 94105-3901
Phone: 415 744-2007
Fax: 415 744-1873
Email: mitchell.matthew@epa.gov
RIN: 2040-AC44
3482. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE I
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: Final, Statutory, June
3, 1998, EPA is required to promulgate
the rule 90 days after proposal.
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA authorizes the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
water quality standards.
On March 5, 1998, EPA proposed water
quality standards applicable to nine
stream segments to replace those
provisions in Alabama's water quality
standards that were disapproved in
1986 and in 1991. Specifically, EPA
proposed use designations consistent
with those specified in section 101(a)
of the CWA to replace the State's
assigned Agricultural and Industrial
Water Supply use. The effect of the
proposed standards is to replace the
State-adopted water quality criteria,
which protect only for fish survival,
with water quality criteria based on
protection of propagation of fish,
aquatic life, and wildlife.
Timetable:
Action
Date FR Cite
03/05/98 63 FR 10799
07/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4195
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region IV, Atlanta, GA 30303
Phone: 404 562-9267
Jim Keating, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-3845
Fax: 202 260-9830
Email: keating.jim@epa.gov
RIN: 2040-AD25
3483. AMEND THE FINAL WATER
QUALITY GUIDANCE FOR THE GREAT
LAKES SYSTEM TO PROHIBIT MIXING
ZONES FOR BIOACCUMULATIVE
CHEMICALS OF CONCERN
Priority: Other Significant
Legal Authority: 33 USC 1268 CWA
118
CFR Citation: 40 CFR 132
Legal Deadline: None
Abstract: EPA is promulgating an
amendment to the final Water Quality
Guidance for the Great Lakes System
(Guidance) to prohibit mixing zones for
bioaccumulative chemicals of concern
(BCCs) in the Great Lakes System,
subject to a limited exception for
existing discharges. For existing
discharges, the regulation, if
promulgated as proposed, would
prohibit mixing zones for BCCs after 10
years from the publication date of the
final rule. New discharges of BCCs
would be subject to the mixing zone
prohibition immediately upon
commencing discharge. EPA had
promulgated this mixing zone provision
on March 23, 1995, as part of the Water
Quality Guidance for the Great Lakes
System required by section 118(c)(2) of
the Clean Water Act. The provision was
vacated by the U.S. Court of Appeals
for the District of Columbia Circuit in
the case of American Iron & Steel
Institute v. EPA, 115 F.3d 979 (D.C. Cir.
1997), and was remanded to the
Agency for further consideration. This
action reflects EPA's reconsideration of
the factual record in response to that
remand.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/04/99 64 FR 53632
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4235
Agency Contact: Mark Morris,
Environmental Protection Agency,
Water, 4301, Washington, DC 20460
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AD32
3484. EPA REVIEW AND APPROVAL
OF STATE AND TRIBAL WATER
QUALITY STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131.21(c)
Legal Deadline: Final, Judicial, March
30, 2000, Settlement Agreement.
Abstract: EPA's water quality standards
(WQS) regulation currently provides
that State and Tribal WQS are in effect
once adopted by the State or authorized
Tribe and remain in effect, even if EPA
disapproves them, until the State or
Tribe revises them or EPA promulgates
a federal rule to supersede the State
or Tribal WQS. EPA's regulation is
based on its longstanding interpretation
of the CWA. In July, 1997, the U.S.
District Court for the Western District
of Washington held that the clear
meaning of section 303(c)(3) of the
CWA was that State water quality
standards do not go into effect under
the CWA until approved by EPA
(Alaska Clean Water Alliance v. Clark;
No. C96-1762R). Because EPA's existing
regulation remains in effect, and the
court has issued no injunction against
applying it, EPA's interim policy is to
continue to follow our regulation
(except in Alaska) until the regulation
is changed. EPA's proposed rule would:
1) Delete 131.21(c) and replace it with
new language which explains that
standards do not become the applicable
WQS for CWA purposes until approved
by EPA, and that previously approved
standards remain the CWA standards
until EPA approves State or Tribal
revisions or promulgates replacement
WQS; and, 2) Provide that the new rule
would only apply to WQS adopted after
the effective date of the final rule.
EPA's proposed rule will only address
administrative aspects of the WQS
approval process. This proposed rule
will not speak to any of the substantive
program issues currently being
addressed in the WQS Advance Notice
of Proposed Rulemaking (63 FR 36741).
Likewise, this proposed rule will not
overlap with any of the TMDL program
issues being addressed in the TMDL
rulemaking.
Timetable:
Action
Date
FR Cite
NPRM 07/09/99 64 FR 37072
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4234
Agency Contact: William Morrow,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-3657
Fax: 202 260-9830
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23579
EPA—Clean Water Act (CWA)
Final Rule Stage
Email: morrow.william@epa.gov
Cathy Winer, Environmental Protection
Agency, Water, 2355, Washington, DC
20460
Phone: 202 260-7719
Fax: 202 260-7702
Email: winer.cathy@epa.gov
RIN: 2040-AD33
3485. PERFORMANCE BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action will
establish the use of performance-based
measurement procedures and guidance
for use in Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would include guidance
concerning the format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. This regulatory action would
also describe increased program
guidance in the form of a
clearinghouse, technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC93
3486. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 13l4(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES Program unless the Regional
Administrator approves an alternative
procedure. EPA plans to segment the
rulemaking into two phases to
accommodate different amounts of data
for the long list of compounds.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/18/95 60 FR 53988
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3155
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC95
3487. • CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
METHODS UPDATE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); PL
92-500 76 Stat. 816; PL 95-217 91 Stat.
1567; PL 100-4 100 Stat. 7; 42 USC 300
g-1; 42 USC 300f(l)(A); 42 USC
300f(l)(D); 42 USC 300J-4; 42 USC 300j-
9(a)
CFR Citation: 40 CFR part 136; 40 CFR
part 141; 40 CFR part 143
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR Part 136,
National Primary Drinking Water
Regulations under 40 CFR Part 141, and
National Secondary Drinking Water
Regulations under 40 CFR Part 143 to
approve updated versions of analytical
test procedures (methods) from
voluntary consensus standards bodies
and other organizations. These methods
are used to comply with monitoring
requirements in the wastewater and
drinking water programs, as authorized
under the Clean Water Act (CWA) and
the Safe Drinking Water Act (SDWA).
This regulation would approve updated
versions of methods for determination
of chemical, radiological, and
microbiological pollutants in
wastewater and drinking water. The
updates are to methods from voluntary
consensus standards bodies (the
American Society for Testing and
Materials and Standard Methods) and
from the U.S. Geological Survey and
the Department of Energy. Previously
approved versions of the methods being
updated remain approved. Because the
changes should be noncontroversial,
the amendments are being done
through a direct final rule. A
companion proposed rule will be
published in case there are substantive
adverse comments.
Timetable:
Action
Date
FR Cite
Direct Final Rule
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4409
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
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EPA—Clean Water Act (CWA)
Final Rule Stage
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD59
3488. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1314 CWA sec
304; 33 USC 1317 CWA sec 307; 33
USC 1342 CWA sec 402; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The National Pretreatment
Program was established in 1972. The
Office of Water is exploring ways to
reduce federally mandated activities
under the program that don't result in
benefits to the environment and to
improve program efficiencies. For
example, this rule will consider
appropriate exclusions or variable
requirements for numerous smaller
facilities that contribute insignificant
amounts of pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/22/99 64 FR 39564
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3663
Agency Contact: Jeff Smith,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-5586
Fax: 202 260-1460
Email: smith.jeff@epa.gov
Patrick Bradley, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-6963
Fax: 202 260-1460
Email: bradley.patrick@epa.gov
RIN: 2040-AC58
3489. NPDES STREAMLINING RULE —
ROUND II
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1312 CWA sec 302; 33 USC 1316
CWA sec 306; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 CFR 125; 40 CFR 22;
40 CFR 117; 40 CFR 125; 40 CFR 144;
40 CFR 270; 40 CFR 271
Legal Deadline: None
Abstract: On February 21, 1995,
President Clinton issued a directive
requesting that Federal agencies review
their regulatory programs to eliminate
any obsolete, ineffective, or unduly
burdensome regulations. In response to
that directive, the Office of Wastewater
Management plans to issue a
comprehensive rulemaking package
revising certain NPDES requirements in
parts 122, 123 and 124 to eliminate
redundant regulations, provide
clarification, and remove or streamline
unnecessary procedures which do not
provide any environmental benefits.
Some of these revisions include: 1)
consolidating regulatory definitions; 2j
removal of part 124, subpart F, non-
adversary panel hearings; 3) possible
removal of storm water group
application requirements; 4)
streamlining permit termination
procedures; and 5) removing part 124
evidentiary hearing procedures.
This rulemaking is expected to affect
entities who operate the NPDES
program or who are regulated by it.
This includes small businesses and
State and local governments. Most of
these effects are expected to be
deregulatory or streamlining in nature.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3762
Agency Contact: Howard Rubin,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-2051
Fax: 202 260-1460
Email: rubin.howarde@epa.gov
RIN: 2040-AC70
3490. TOTAL MAXIMUM DAILY LOAD
(TMDL) PROGRAM REGULATIONS
REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1313
CFR Citation: 40 CFR 130.7
Legal Deadline: None
Abstract: EPA is proposing changes to
the Total Maximum Daily Load (TMDL)
regulations for implementing State,
Territorial, authorized Tribal
(collectively referred to as "States"),
and EPA responsibilities under Section
303(d) of the Clean Water Act. The
purpose of Section 303(d) is to identify
remaining sources of pollution, after
technology-based controls have been
required, and to allocate pollutant
reductions at a level that will ensure
attainment and maintenance of water
quality standards. These allocations are
contained in a TMDL, which is the
maximum amount of a pollutant that
a waterbody can absorb and still meet
water quality standards. The proposed
revisions provide States with clear,
consistent, and balanced direction for
listing waters and developing TMDLs,
resulting in restoration of waterbodies
not meeting water quality standards.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
Final Action
12/11/96 61 FR 65268
04/00/00
NPRM 08/23/99 64 FR 46011
Final Action 06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4145
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23581
EPA—Clean Water Act (CWA)
Final Rule Stage
Agency Contact: James Pendergast,
Environmental Protection Agency,
Water, 4503F, Washington, DC 20460
Phone: 202 260-9549
Fax: 202 260-7024
Tim Icke, Environmental Protection
Agency, Water, 4503F, Washington, DC
20460
Phone: 202 260-2640
Fax: 202 260-7024
RIN: 2040-AD22
3491. TOTAL MAXIMUM DAlLY LOAD
(TMDL) - NPDES AND WQS
REGULATIONS REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1313 CWA sec 303; 33
USC 1314 CWA sec 304; 33 USC 1318
CWA sec 308; 33 USC 1342 CWA sec
402; 33 USC 1361 CWA sec 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 CFR 131
Legal Deadline: None
Abstract: On August 12, 1999,
Environmental Protection Agency (EPA)
Administrator Carol Browner signed
proposed revisions to the Total
Maximum Daily Load (TMDL)
regulations (40 CFR Part 130) for
implementing state, territorial,
authorized tribal, and EPA
responsibilities under Section 303(d) of
the Clean Water Act. Administrator
Browner also signed proposed revisions
to the National Pollutant Discharge
Elimination System (NPDES) and Water
Quality Standards regulations to
facilitate implementation of TMDLs and
to improve water quality in impaired
waters before TMDLs are established.
The Federal Advisory Committee
(FACA) on the Total Maximum Daily
Load Program recommended a number
of ways to improve the effectiveness
and efficiency of EPA, State, Territorial
and Tribal programs under section
303(d) of the CWA. These
recommendations address many of the
TMDL program's complex technical
and policy issues, and include
recommendations on several new
policy and program directions some of
which are included in the proposed
revisions to the NPDES and water
quality standards regulations. These
proposed revisions are aimed at
achieving reasonable further progress
toward attainment of water quality
standards in impaired waterbodies
pending TMDL establishment and
providing reasonable assurance that
TMDLs, once completed, will be
adequately implemented. EPA may
also, in the future, promulgate federal
water quality standards for states,
pursuant to section 303(c)(2)(B), to
ensure consistent, nationwide
application of the new requirements in
the period between listing and TMDL
establishment. Federal implementation
through NPDES permits, in the absence
of State, Territorial, or Tribal
implementation, will ensure that the
clean-up plans will work.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/23/99 64 FR 46012
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4294
Agency Contact: Kim Kramer,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-7933
Fax: 202 260-9544
RIN: 2040-AD36
3492. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344 CWA sec
404
CFR Citation: 40 CFR 230
Legal Deadline: None
Abstract: This action would revise the
testing provisions of the Clean Water
Act section 404(b)(l) Guidelines to
provide for comparisons between
dredged material proposed for
discharge and reference sediment.
Reference sediment would be defined
as sediment that reflects conditions at
the disposal site had no dredged
material disposal ever occurred there.
Because the disposal site itself is
currently used as the point of
comparison, this action would make a
technical improvement in assessing
cumulative impacts and help make
dredged material testing under section
404 more consistent with that
conducted for ocean disposal, which
currently employs a reference sediment
approach. This action is not expected
to have a significant impact on state,
local, or tribal governments or small
business, as the action will be limited
to Corps projects and permit
applications for which dredged material
testing is necessary, and because the
effect of the action will be limited to
changing the location of an otherwise
collected sample.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/04/95 60FR419
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3288
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AC14
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23582
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Long-Term Actions
3493. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD CATEGORY,
PHASE II
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1318 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: EPA will consider revising
the technology-based effluent
limitations guidelines and standards for
8 of the 12 subcategories for this
industrial category: Unbleached Kraft;
Semi-Chemical; Mechanical Pulp; Non-
Wood Chemical Pulp; Secondary Fiber
Deink; Secondary Fiber Non-Deink;
Fine and Lightweight Papers from
Purchased Pulp; and Tissue, Filter,
Non-Woven, and Paperboard from
Purchased Pulp. EPA proposed
guidelines and standards for these
subcategories as part of the Pulp and
Paper Rules (also known as the Cluster
Rules) in December 1993. The Agency
intends to develop these revised
effluent limitations in close
coordination with the Office of Air
Quality Planning and Standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 4050
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: J. Troy
Swackhammer, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-7128
Fax: 202 260-7185
Email: swackhammer.j-troy@epa.gov
RIN: 2040-ADlO
3494. • EFFLUENT LIMITATIONS AND
GUIDELINES FOR THE DISSOLVING
KRAFT AND DISSOLVING SULFITE
SUBCATEGORIES OF THE PULP,
PAPER, AND PAPERBOARD POINT
SOURCE CATEGORY (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR Part 430). This action,
which OW refers to as Phase III of the
Cluster Rules, will respond to
comments and reflect new data. There
are five domestic mills in these two
subcategories. The final rule is
anticipated to set limits for absorbable
organic halides (AOX), chemical
oxygen demand (COD), chloroform,
dioxin, furan, and 12 specific
chlorinated phenolics.
Timetable:
Action
Date FR Cite
NPRM
NODA
Final Action
12/17/93
10/00/00
07/00/01
58 FR 66078
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: J. Troy
Swackhammer, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-7128
Fax: 202 260-7185
Email: swackhammer.j-troy@epa.gov
Mark Perez, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-2275
Fax: 202 260-7185
Email: perez.mark@epa.gov
RIN: 2040-AD49
3495. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE AQUACULTURE INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: CWA Section 301;
CWA Section 304; CWA Section 306;
CWA Section 307; CWA Section 308;
CWA Section 318; CWA Section 402;
CWA Section 501
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, June
30, 2002.
Final, Judicial, June 30, 2004.
Abstract: EPA is focusing new efforts
to help reduce nutrient loadings from
commercial agricultural and industrial
operations nationwide. Currently, there
are no federal technology-based
standards for aquaculture. This action
is a new effort to develop pollutant
controls in the form of nationally
applicable discharge standards (known
as effluent limitations guidelines and
standards) for commercial and public
aquaculture operations.
In assessments of surface water quality,
states most frequently cite siltation,
nutrients, and pathogens as the major
cause of water quality impairment.
With the growth of the aquaculture
industry, and the inconsistent state
regulatory oversight, EPA will examine
available technologies for the control of
pollutants, primarily nutrients from
aquaculture operations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/02
06/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4406
Sectors Affected: 112511 Finfish
Farming and Fish Hatcheries; 112512
Shellfish Farming
Agency Contact: Marta E. Jordan,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0817
Fax: 202 260-7185
Email: jordan.marta@epa.gov
Michael Clipper, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23583
EPA—Clean Water Act (CWA)
Long-Term Actions
Phone: 202 260-1278
RIN: 2040-AD55
3496. • REVISIONS TO EFFLUENT
GUIDELINES AND STANDARDS FOR
THE MEAT PRODUCTS POINT
SOURCE CATEGORY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1361
CFR Citation: 40 CFR 432 (Revision)
Legal Deadline: NPRM, Judicial,
December 31, 2001.
Final, Judicial, December 31, 2003.
Abstract: The Agency is revising
effluent limitations guidelines and
standards for the Meat Products Point
Source Category. The current
regulations, at 40 CFR 432, are more
than 20 years old and are limited to
a few conventional pollutants. Recent
concerns about nutrient discharges
from these facilities might be resolved
by additional effluent limitations. In
particular, the current regulations do
not address ammonia nitrogen for red
meat slaughterhouses/packinghouses
(Subparts A-D). Nutrients are a
significant remaining water quality
problem for impaired streams.
Revisions to the current regulations
will also include effluent limitations for
poultry processing, which is not
currently covered by any effluent
guideline.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
12/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4407
Sectors Affected: 311611 Animal
(except Poultry) Slaughtering; 311612
Meat Processed from Carcasses; 311613
Rendering and Meat By-product
Processing; 311615 Poultry Processing
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7149
Fax: 202 260-7185
Email: lewis.samantha@epa.gov
RIN: 2040-AD56
3497. • EFFLUENT GUIDELINES AND
STANDARDS FOR THE INDUSTRIAL
CONTAINER AND DRUM CLEANING
POINT SOURCE CATEGORY.
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 1311 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Industrial facilities that clean
out 55 gallon drums and other
industrial sized containers are not
currently subject to nationally
applicable wastewater treatment
standards. Many types of toxic and
hazardous materials, including
pesticides, solvents, and petrochemical
products are transported in bulk via
drums and containers. Most of these
containers have a residue, or heel,
present in the containers before they
are cleaned. The accumulation of
residue from large numbers of drums
and containers may result in the
discharge of pollutants to the nations
waterways.
This regulation will cover those
facilities that clean out drums and
industrial sized containers as a
business, and will generally not cover
industrial facilities that clean out their
own drums and containers used on site.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
01/00/02
01/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4408
Sectors Affected: 562998 All Other
Miscellaneous Waste Management
Services
Agency Contact: James Covington,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-5132
Fax: 202 260-7185
Email: covington.james@epa.gov
John Tinger, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
RIN: 2040-AD57
3498. WATER QUALITY STANDARDS;
ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS; STATES' COMPLIANCE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1313 CWA sec
303
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: EPA is revising its rule
promulgated on December 22, 1992,
(National Toxics Rule or NTR) that
established water quality criteria for 14
States that had failed to fully comply
with section 303(2)(B) of the Clean
Water Act. The NTR promulgated total
recoverable metals criteria for 11 of
these 14 States. In May 1995, EPA
amended the materials criteria to reflect
EPA's new policy to use dissolved
metals criteria because they more
accurately reflect the bioavailable
fraction of waterborne metals for
aquatic life. The interim final rule was
deregulatory in nature, but is not
expected to impact the health of
aquatic life in the water column. EPA
expects the rule to result in less
stringent permit limits and therefore a
potential cost savings in wastewater
treatment for dischargers of metals in
the covered States. This action makes
the interim final rule final and is also
deregulatory in nature.
Timetable:
Action
Date FR Cite
Interim Final
Final Action
05/04/95 60 FR 22229
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3661
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23584
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Agency Contact: Cindy Roberts,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-2787
Fax: 202 260-6098
Email: roberts.cindy@epa.gov
RIN: 2040-AC55
3499. SELENIUM CRITERION
MAXIMUM CONCENTRATION FOR
WATER QUALITY GUIDANCE FOR
THE GREAT LAKES SYSTEM
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1268 CWA sec
118
CFR Citation: 40 CFR 132
Legal Deadline: None
Abstract: This rulemaking would
establish a new acute aquatic life
criterion for selenium in the final Water
Quality Guidance for the Great Lakes
System (the Guidance) that was
published on March 23, 1995 (60 FR
15366). The proposed new criterion
takes into account data showing that
selenium's two most prevalent
oxidation states, selenite and selenate,
present differing potentials for aquatic
toxicity, as well as new data indicating
that all forms of selenium are additive.
The new approach produces a different
selenium acute criterion (also called the
Criterion Maximum Concentration, or
CMC) depending upon the relative
proportions of selenite, selenate, and
other forms of selenium that are
present. This effort is on hold until a
larger effort to amend the national
water quality criteria guidance for
selenium is complete. Once ihat effort
is completed EPA will reevaluate the
need for this action to amend the final
Water Quality Guidance for the Great
Lakes System and take appropriate
action.
Timetable:
Action
NPRM
NPRM
Final Action
Date
11/14/96
12/16/96
06/00/01
FR Cite
61 FR 58444
61 FR 66007
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3921
Agency Contact: Mark Morris,
Environmental Protection Agency,
Water, 4301, Washington, DC 20460
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AC97
3500. GUIDELINES ESTABLISHING
WHOLE EFFLUENT TOXICITY WEST
COAST TEST PROCEDURES FOR THE
ANALYSIS OF POLLUTANTS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1313 CWA
303; 33 USC 1314(h) CWA 304(h); 33
USC 1314(a)(8) CWA 304(a)(8); 33 USC
1361 CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This rule would amend 40
CFR part 136, by adding test
procedures to measure chronic whole
effluent toxicity using species
indigenous to West Coast marine waters
for the analysis of pollutants under the
Clean Water Act. State, local and tribal
governments and small businesses on
the West Coast are already using
variations of these methods in NPDES
permits.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/02
01/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3618
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC54
3501. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314(hJ CWA
304(h); 33 USC 1361(a) CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve new EPA methods
for the determination of trace metals at
EPA's water quality criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not allow
a particular water body to meet the
State's designated water quality
standard. Because the methods
currently approved under 40 CFR part
136 were designed to support primarily
technology-based permitting needs, and
because these technology-based levels
are as much as 280 times higher than
water quality-based criteria for metals,
approval of new EPA test procedures
is necessary.
Timetable:
Action
NPRM
Final Action
Date
08/00/01
08/00/02
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC75
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23585
EPA—Clean Water Act (CWA)
Long-Term Actions
3502. INCREASED METHOD
FLEXIBILITY FOR TEST
PROCEDURES APPROVED FOR
CLEAN WATER ACT COMPLIANCE
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(h) CWA
304 (h); 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
highlight the flexibility already
contained in the 600 and 1600 series
of EPA Methods that are currently
approved for Clean Water Act
compliance monitoring under 40 CFR
part 136, Guidelines Establishing Test
Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date
FR Cite
Direct Final Rule
05/00/01
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3714
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC92
3503. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1251 et seq
CWA 304(h); 33 USC 1314(h) CWA
501(a); 33 USC 1361(a)
CFR Citation: 40 CFR 503; 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
parts 136 and 503 to approve EPA
Method 1668 for the congener-specific
determination of co-planar and mono-
ortho-substituted polychlorinated
biphenyls (PCBs) in effluent ambient
water and sludge. This method is
necessary for the implementation of
water quality-based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
Clean Water Act. Water quality-based
permits are necessary when technology-
based controls do not allow a particular
water body to meet the State's
designated water quality standard. At
present there is no EPA analytical
method for determination of these
PCBs, therefore, approval of a new EPA
test procedure is necessary.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
06/00/03
Small Entities Affected: Organizations,
Businesses, Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 4049
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD09
3504. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR Part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES unless the Regional
Administrator approves an alternative
procedure. This rulemaking would
constitute the second of two segments
of rulemaking initially proposed as one
action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/18/95 60 FR 53988
06/00/01
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: Undetermined
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4089
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD12
3505. • TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (METHOD 245.7)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); PL
92-500 76 Stat. 816; PL 95-217 91 Stat.
1567; PL 100-4 100 Stat. 7
CFR Citation: 40 CFR 136.3(IB)
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the "Guidelines
Establishing Test Procedures for the
Analysis of Pollutants" under 40 CFR
Part 136 to approve a new analytical
test procedure (method) for the
determination of mercury in the
wastewater program as authorized
under the Clean Water Act (CWA). This
new test procedure is capable of
measuring mercury at low parts-per-
trillion (ppt; ng/L) concentrations and
would be an alternative to the recently
promulgated Method 1631, which also
determines mercury at low ppt
concentrations.
Method 245.7 uses similar technology
to Method 1631 (cold vapor atomic
fluorescence spectrometry), but it does
not require the use of a gold trap.
Laboratories claim that Method 245.7
is a less burdensome and more cost-
effective method than Method 1631.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/01
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4377
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD52
3506. REVISION OF NPDES
INDUSTRIAL PERMIT APPLICATION
REQUIREMENTS AND FORM 2C—
WASTEWATER DISCHARGE
INFORMATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in.
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1342 CWA sec
402
CFR Citation: 40 CFR 122.21(e)
Legal Deadline: None
Abstract: All existing manufacturing,
commercial, mining, and silvicultural
operations requiring a National
Pollutant Discharge Elimination System
(NPDES) permit must submit an
application in order to obtain a permit.
The existing industrial application form
has not been revised since 1984 and
needs to be updated to reflect statutory
and related regulatory changes in the
NPDES and water quality standards
program. The purpose of this action
would be to revise and consolidate
existing application forms and
requirements for industries, and to
streamline the permit application
process for these facilities. The Agency
seeks to establish a unified process that
minimizes the need for additional
information from applicants while
providing permit writers the necessary
information, including toxics data, to
ensure that permits adequately address
concerns of permittees and
environmental protection. The Agency
will seek to allow the use of existing
data to the extent possible and to avoid
unnecessary reporting. The Agency is
also considering how to utilize
electronic data submission. Although
these forms will increase the burden on
permittees not already required to
provide these data, many other
permittees are already required to
submit the data. The Agency is
reviewing ways to minimize the need
for information from small dischargers,
including tribal facilities. EPA will also
seek to minimize and reduce the
burden on States through
improvements to the application forms.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Local,
Tribal, Federal, State
Federalism: Undetermined
Additional Information: SAN No. 3234
Agency Contact: Jeff Lape,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6057
Fax: 202 260-1460
Email: lape.jeff@epa.gov
RIN: 2040-AC26
3507. STANDARDS FOR THE USE OR
DISPOSAL OF SEWAGE SLUDGE
(ROUND II)
Priority: Other Significant
Legal Authority: 33 USC 1345 CWA sec
405; 33 USC 1361(a) CWA sec 501(a)
CFR Citation: 40 CFR 503 (Revisions)
Legal Deadline: NPRM, Judicial,
December 15, 1999.
Final, Judicial, December 15, 2001.
Abstract: Section 405 of the Clean
Water Act (CWA) requires EPA to
develop and publish regulations
providing guidelines for the use and
disposal of sewage sludge. The rules,
among other things, are to identify uses
for sewage sludge, including disposal,
and concentrations of pollutants which
interfere with such use or disposal. The
statute requires EPA to develop the
regulations in two phases and
periodically revise existing regulations.
In November 1992, EPA promulgated
regulations (58 FR 9247) for the first
round of pollutants identified in
sewage sludge. EPA is required by
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23587
EPA—Clean Water Act (CWA)
Long-Term Actions
consent decree to propose and
promulgate sewage sludge regulations
for a second round of pollutants before
the end of 2001. EPA currently is
considering only dioxins,
dibenzofurans and coplanar-PCBs for
regulation in the second round
regulations. These regulations will
establish requirements for sewage
sludge when the sewage sludge is
applied to the land, placed on surface
disposal sites, or fired in a sewage
sludge incinerator. The regulation may
impact Federal, State, and local
governments. The impact on small
entities, including small businesses, is
undetermined at this time.
Timetable:
Action Date FR Cite
NPRM
Final Action
12/23/99 64 FR 72045
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3488
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC25
3508. AMENDMENTS TO ROUND I
FINAL SEWAGE SLUDGE USE OR
DISPOSAL RULE —PHASE TWO
Priority: Substantive, Nonsignificant
Reinventing Government: This
mlemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1345 CWA sec
405; 33 USC 1361 CWA sec 501(a)
CFR Citation: 40 CFR 503 (Revision)
Legal Deadline: None
Abstract: EPA is amending the Round
I Final Sewage Sludge Use or Disposal
Regulation in two phases. Phase Two
will address issues presented by
judicial remand of specific
requirements in the final Round 1 rule
(part 503) and requests for
reconsideration and will modify certain
technical requirements. The proposed
changes will impact Federal, State,
local and tribal governments, as well
as small businesses and small
governmental jurisdictions. EPA
expects that these changes will increase
flexibility and thus reduce the
regulatory burden.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/01
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4207
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC53
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Completed Actions
3509. EFFLUENT GUIDELINES AND
STANDARDS FOR LANDFILLS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 445
Completed:
Reason
Date FR Cite
Final Action
01/19/00 65 FR 3008
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Sectors Affected: 562211 Hazardous
Waste Treatment and Disposal; 562212
Solid Waste Landfill
Agency Contact: Mike Ebner
Phone: 202 260-5397
Fax: 202 260-7185
Email: ebner.michael@epa.gov
RIN: 2040-AC23
3510. EFFLUENT GUIDELINES AND
STANDARDS FOR COMMERCIAL
HAZARDOUS WASTE COMBUSTORS
(FORMERLY TITLED INDUSTRIAL
WASTE COMBUSTORS)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 444
Completed:
Reason
Final Action
01/27/00 65 FR 4360
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Sectors Affected: 562211 Hazardous
Waste Treatment and Disposal
Agency Contact: Samantha Lewis
Phone: 202 260-7149
Fax: 202 260-7185
Email: lewis.samantha@epa.gov
RIN: 2040-AD03
3511. WATER QUALITY STANDARDS;
ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS; STATES' COMPLIANCE
— REVISION OF POLYCHLORINATED
BIPHENYLS (PCBS) CRITERIA
Priority: Other Significant
CFR Citation: 40 CFR 131
Date FR Cite Completed:
Reason
Date
FR Cite
Final Action
11/09/99 64 FR 61181
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Cindy Roberts
Phone: 202 260-2787
Fax: 202 260-6098
Email: roberts.cindy@epa.gov
RIN: 2040-AD27
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23588
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Completed Actions
3512. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF CYANIDE UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
Final Action 12/30/99 64 FR 73414
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William A. Telliard
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC76
3513. NPDES COMPREHENSIVE
STORM WATER PHASE II
REGULATIONS
Priority: Economically Significant.
Major under 5 USC 801.
Completed:
Reason
Date
FR Cite
Final Action
12/08/99 64 FR 68722
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Wendy Bell
Phone: 202 260-9534
Fax: 202 260-1460
Email: bell.wendy@epa.gov
CFR Citation: 40 CFR 122; 40 CFR 123 RIN: 2040-AC82
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3514. USE OF SCREENING
PROCEDURES FOR COMPLIANCE
MONITORING OF DRINKING WATER
CONTAMINANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(f) SDWA
1401; 42 USC 300(g)(l) SDWA 1412; 42
USC 300(j)(4) SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: The 1996 Safe Drinking
Water Act (SDWA) Amendments
require EPA to review new analytical
methods that may be used for regulated
contaminants screening or analysis,
including screening methods. After this
review, EPA may approve such
methods that are deemed more accurate
or cost-effective than established
reference methods for use in
compliance monitoring or the
monitoring of unregulated
contaminants. In this regulatory effort,
EPA proposes to integrate the use of
screening methods in the overall
scheme of drinking water compliance
monitoring. Efforts will be made to
keep the proposal consistent with the
Office of Water plan for Performance
Based Methods (PBMS). EPA will
identify regulated contaminates, types
of monitoring and specific areas within
each monitoring framework which are
amenable to the use of screening
methods. A logical application of
screening procedures would be in a
tiered monitoring mode where Tier 1
(screening phase) would identify the
principal problem areas while Tier 2
would use sampling and analysis to
more carefully identify and quantify
specific contaminants. EPA would
identify specific screening methods
which are available for use based on
their performance characteristics,
tolerance to sample interferences,
validation for drinking water analysis
and correlation of results with
traditional instrumental methods. The
use of screening methods is expected
to make drinking water compliance
monitoring cheaper and faster, and
provide flexibility to the Public Water
Systems in the choice of analytical
methods. Laboratory acceptance limits
and other method performance
requirements that were specified under
previous rules will not be changed in
this rule making. This proposal would
only add new analytical methods
and/or analytical approaches and
would not withdraw or modify
previously approved methods.
Timetable:
Action
Date FR Cite
NPRM 11/00/00
Final Action 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4212
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dr. Jitendra Saxena,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-9579
Fax: 202 260-3762
Email: saxena-jitendra@epa.gov
Dr. Richard Reding, Environmental
Protection Agency, Water, U.S. EPA
Facilities, Cincinnati, OH 45268
Phone: 513 569-7961
Email: reding.richard@epa.gov
RIN: 2040-AD31
3515. • UNREGULATED
CONTAMINANT MONITORING RULE -
LIST 2
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f; 42 USC
300g-l to 300g-6; 42 USC 300J-4; 42
USC 300J-9; 42 USC 300J-11
CFR Citation: 40 CFR 141.40
Legal Deadline: None
Abstract: The Office of Water will
revise the National Primary Drinking
Water Regulations for Unregulated
Contaminant Monitoring to require
monitoring for List 2 contaminants for
which analytical methods and sampling
locations must be specified.
Promulgation of these methods and
sampling locations will allow the
unregulated contaminants on List 2 of
the Unregulated Contaminant
Monitoring Regulation (1999) List to be
monitored beginning January 2001,
along with monitoring for List 1
contaminants. Monitoring will be
conducted at approximately 300
randomly selected public water
systems, quarterly for one year
beginning in 2001. Contaminants on
List 2 include: 1,2-diphenylhydrazine;
2-methyl-phenol; 2,4-dichlorophenol;
2,4-dinitrophenol; 2,4,6-
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23589
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
trichlorophenol; Alachlor ESA;
Diazinon; Disulfoton; Diuron; Fonofos;
Linuron; Polonium-210; Prometon;
Terbufos; RDX; and Aeromonas (a
microbiological contaminant). Methods
are currently being developed for these
contaminants. If a method is not ready
at the time this rule is promulgated,
the contaminant may be monitored at
a later date when its method is
available.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4373
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Charles Job,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7084
Fax: 202 260-3762
Email: job.charles@epa.gov
Rachel Sakata, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-2527
Fax: 202 260-3762
Email: sakata.rachel@epa.gov
RIN: 2040-AD58
3516. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 300(f] SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Final, Statutory, May
31, 2002.
Abstract: The Safe Drinking Water Act
as amended in 1996 directs EPA to
promulgate regulations requiring
disinfection as necessary for ground
water systems. The intention is to
develop a protective public health
approach which assures a baseline of
protection for all consumers of ground
water and sets in place an increasingly
targeted strategy to identify high risk
or high priority systems that require
greater scrutiny or further action.
Development and implementation of
the rule will involve local, tribal, State
and Federal governments. The structure
of the rule is a series of barriers to
microbial contamination. The multiple-
barrier approach relies upon four major
components: 1) periodic onsite
inspections of ground water systems
requiring the evaluation of eight key
areas and the identification of
significant deficiencies; 2) source water
monitoring for systems drawing from
sensitive aquifers without treatment or
with other indications of risk; 3) a
requirement for correction of significant
deficiencies; and 4) a requirement for
treatment where contamination or
significant deficiencies are not or
cannot be corrected, and alternative
sources of drinking water are not
available. EPA believes that the
combination of these elements strikes
an appropriate regulatory balance
which tailors the intensity or burden
of protective measures and follow-up
action to the risk being addressed.
Timetable:
Phone: 202 260-2954
RIN: 2040-AA97
Action
Date FR Cite
NPRM
Final Action
04/00/00
11/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2340
Statutory deadline for final: After
August 6,1999 but before May 31, 2002.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Eric Burneson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-1445
Tracy Bone, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
3517. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
AND CLARIFICATIONS TO NEW
SOURCE CONTAMINANT
MONITORING
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141(Revision); 40
CFR 142 (Revision)
Legal Deadline: NPRM, Statutory,
January 1, 2000.
Final, Statutory, January 1, 2001.
Abstract: The Safe Drinking Water Act
(SDWA) Amendments of 1996 require
EPA to develop a plan and research
health risks of low levels of arsenic.
In addition, EPA must propose a
revised drinking water regulation for
arsenic by January 1, 2000, and issue
a final rule by January 1, 2001.
Currently the drinking water standard
for arsenic is 0.05 mg/L or 50 ug/L.
A March 1999 National Academy of
Sciences report urged EPA to lower the
drinking water standard, because
inorganic arsenic causes bladder, lung
and other internal cancers in humans.
The report recommended additional
studies to characterize heath effects at
low doses for cancers, cardiovascular
disease, diabetes, reproductive effects,
and children.
EPA generally sets the enforceable
maximum contaminant level (MCL) as
close to the health-based maximum
contaminant level goal (MCLG) as
feasible, considering treatment efficacy
and costs, but may set an alternative
level depending on the balance of costs
and benefits in certain cases. EPA must
list affordable technologies or treatment
techniques that achieve compliance
with the MCL for three categories of
small systems considering the quality
of the source water. Furthermore,
alternatives to central treatment, such
as point-of-use and point-of-entry
devices, can be considered for small
systems that maintain control over
operation and maintenance. With the
proposal, EPA must ask for comment
on the costs of compliance and health
risk reduction benefits projected for thf
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23590
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
proposed MCL and any alternatives
considered.
In addition, in this proposal EPA is
clarifying compliance monitoring after
exceedances and specifying that States
will specify the time period and
sampling frequency for new public
water systems and new water sources.
These clarifications apply to inorganic,
volatile organic, and synthetic organic
contaminants.
Timetable:
Action
Date FR Cite
Plan Arsenic 12/24/96 61 FR 67800
Research Topics for
Funding
NPRM 04/00/00
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2807
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-9531
Fax: 202 260-3762
Email: dooley.irene@epa.gov
RIN: 2040-AB75
3518. LONG TERM 1 ENHANCED
SURFACE WATER TREATMENT AND
FILTER BACKWASH RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: SDWA 1412(b)(l4);
SDWA 1412(b)(2)(C)
CFR Citation: 40 CFR 9 (Revision); 40
CFR 141; 40 CFR 142 (Revision)
Legal Deadline: Final, Statutory,
August 30, 2000, Filter Backwash Rule
Provisions.
Final, Statutory, November 30, 2000,
Long-Term 1 Rule Provisions.
Abstract: The purposes of the Long
Term 1 Filter Backwash rule (LTlFBR)
are to: 1) improve control of microbial
pathogens in drinking water, including
Cryptosporidium, for PWSs serving
fewer than 10,000 people; 2) prevent
increases in microbial risk while PWSs
serving fewer than 10,000 people
control for disinfection byproducts,
and; 3) require certain public water
systems (PWSs) to institute changes to
the return of recycle flows within the
treatment process to reduce the effects
of recycle on compromising microbial
control. The rule responds to the
statutory requirement to establish a
Long Term Final Enhanced Surface
Water Treatment Rule (LTESWTR)
affecting PWSs that serve under 10,000
people. It also addresses the statutory
requirement to promulgate a regulation
which governs the recycle of filter
backwash within the treatment process
of public utilities.
The proposed LTlFBR will contain 5
key provisions for systems serving
fewer than 10,000 people: 1) a 2-log
Cryptosporidium removal requirement;
2) strengthened combined filter effluent
turbidity performance standards and
new individual filter turbidity
provisions; 3) disinfection benchmark
provisions to assure continued
microbial protection; 4) inclusion of
Cryptosporidium in the definition of
ground water under the direct influence
of surface water (GWUDI) and in the
watershed control requirements for
unfiltered public water systems; and 5)
requirements for covers on new
finished water reservoirs. The proposed
LTlFBR will contain three key
provisions for all systems: 1) a
provision requiring recycle flows be
introduced at the head of the plant; 2)
a requirement for plants meeting
criteria to perform a one-time self
assessment of their recycle practice and
consult with their primacy Agency to
address and correct high risk recycle
operations; and 3) a requirement for
direct filtration plants to provide
information to the State on their
current recycle practice.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
11/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4147
The Filter Backwash Recycling
Regulations, previously listed
separately in the Regulatory Agenda
(RIN 2040-AD17) has been merged into
this rule.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jeffery Robichaud,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2568
Fax: 202 410-6135
Email: robichaud.jeffery@epa.gov
Steve Potts, Environmental Protection
Agency, Water, Washington, DC 20460
Phone: 202 260-5015
Fax: 202 410-6135
Email: potts.steve@epa.gov
RIN: 2040-AD18
3519. LONG TERM 2 ENHANCED
SURFACE WATER TREATMENT RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300g-l; 42
USC 300g-2; 42 USC 300g-3; 42 USC
300g-4; 42 USC 300g-5; 42 USC 300g-
6; 42 USC 300J-4; 42 USC 300J-9; 42
USC 300J-11; SDWA 1412(b); 42 USC
300f; 40 USC 300g-l(b)
CFR Citation: 40 CFR 141 to 142; 40
CFR 9
Legal Deadline: None
Abstract: The Long Term 2 Enhanced
Surface Water Treatment Rule
(LT2ESWTR) will control risk from
microbial pathogens in drinking water.
It is being developed simultaneously
with the Stage 2 Disinfectants and
Disinfection Byproducts Rule (DBPR)
which will address risk caused by the
use of disinfectants in drinking water.
This rule could affect all public water
systems that use surface water as a
source. Promulgating the LT2ESWTR
and the Stage 2 DBPR as a paired
rulemaking is necessary to ensure that
adequate protection from microbial risk
is maintained while EPA manages risk
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23591
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
from disinfection byproducts. EPA is
required to promulgate the Stage 2
DBPR by May, 2002, under the 1996
Safe Drinking Water Act amendments.
In developing the LT2ESWTR, EPA will
analyze a significant body of new
survey data on microbial pathogens in
source and finished waters, as well as
data on parameters which could serve
as indicators of microbial risk. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete picture of
the occurrence of waterborne pathogens
than was available previously. EPA will
also use significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the toxicity of certain
pathogens, to determine effective
regulatory requirements for controlling
microbial risk. On March 30, 1999 EPA
established a committee of stakeholders
under the Federal Advisory Committee
Act (FACA) to assist in the
development of these rules. The FACA
committee is scheduled to make
recommendations on rule options to
EPA in June, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4341
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Thomas Grubbs,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
Dan Schmelling, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-1439
Fax: 202 401-6135
Email: schmelling.dan@epa.gov
RIN: 2040-AD37
3520. STAGE 2
DISINFECTANTS/DISINFECTION
BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300g-4; 42
USC 300g-5; 42 USC 300g-6; 42 USC
300J-4; 42 USC 300J-9; 42 USC 300j-
11; 40 USC 300g-l(b); SDWA 1412(b);
42 USC 300f; 42 USC 300g-2; 42 USC
300g-3
CFR Citation: 40 CFR 9; 40 CFR 141
to 142
Legal Deadline: Final, Statutory, May
2002, SDWA 1412(bK2)(A) imposes
date for final rule promulgation.
Abstract: The 1996 Safe Drinking
Water Act Amendments require EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule (Stage 2 DBPR) by May, 2002. EPA
plans to propose this rule in February,
2001. The Regulation, along with a
Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. In
developing the Stage 2 DBPR, EPA will
analyze a significant body of new
survey data on source water quality
parameters, treatment data and
disinfection byproduct occurrence. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete picture of
the occurrence of DBFs and
microbiological pathogens than was
available previously. EPA will also use
new information on the health effects
of exposure to DBFs to determine
effective regulatory requirements for
controlling risk. On March 30, 1999
EPA established a committee of
stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these
rules. The FACA committee is
scheduled to make recommendations
on rule options to EPA in June, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Governmental
Jurisdictions, Organizations, Businesses
Government Levels Affected: Local,
Tribal, State, Federal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4342
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Thomas Grubbs,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
Jennifer McLain, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-0431
Fax: 202 401-6135
Email: mclain.jennifer@epa.gov
RIN: 2040-AD38
3521. • NATIONAL SECONDARY
DRINKING WATER REGULATION FOR
METHYL TERTIARY BUTYL ETHER
(MTBE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
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23592
Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
in the 1990s to meet the requirements
of the federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in ground water and drinking
water in a number of States due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levela well
below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels. This
provides a challenge to water suppliers,
because contaminated drinking water
can be unacceptable to the public. In
this action, EPA is proposing a
secondary standard for MTBE, which
will provide control levels for taste and
odor acceptability and maintain
drinking water quality.
EPA is developing a secondary
standard based on taste and odor
because we currently do not have
enough information to meet SDWA's
requirements for promulgating a
primary health-based standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Rachel Sakata,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2527
Fax: 202 260-3762
Email: sakata.rachel@epa.gov
RIN: 2040-AD54
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3522. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300(f] SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6, 1999, Publish radon health
risk reduction and cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, August 6, 2000.
Abstract: EPA proposed new
regulations for radon in drinking water
which will provide states flexibility in
how to manage the health risks from
radon, in both drinking water and in
indoor air. States would be able to
focus their efforts on the highest radon
risks to the public - in indoor air -
while reducing the highest risks from
radon in drinking water. Breathing
indoor radon in homes is the primary
public health risk from radon,
contributing to about 20,000 lung
cancer deaths each year in the United
States, according to a landmark report
this year by the National Academy of
Sciences. That makes radon in indoor
air the second leading cause of lung
cancer in the United States. Based on
a second NAS report, EPA estimates
that radon in drinking water causes
about 168 cancer deaths per year, of
which about 89 percent are lung cancer
from breathing radon released from
water. The remaining 11 percent of the
risk is for stomach cancer from
drinking radon-containing water.
The proposal is based on the unique
framework outlined in the 1996 Safe
Drinking Water Act (SDWA). The
proposed new regulation will provide
two options to states and water systems
for reducing public health risks from
radon. Under the first option, states can
choose to develop enhanced state
programs to address the health risks
from indoor radon while water systems
reduce radon levels in drinking water
to the higher, alternative maximum
contaminant level MCL of 4,000 pCi/L
(picoCuries per liter, a standard unit of
radiation) or lower, ensuring protection
from the highest risks from radon in
drinking water. EPA is encouraging the
states to adopt this approach as the
most cost-effective way to achieve the
greatest radon risk reduction. If a state
does not elect this option, the second
option would require water systems in
that state to either reduce radon in
drinking water levels to the MCL of 300
pCi/L, or to develop a local indoor
radon program and reduce levels in
drinking water to 4000 pCi/L. Those
systems initially at the MCL or lower
will not need to treat their water for
radon.
Timetable:
Action
ANPRM
NPRM-old
Notice
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
1 1/02/99
08/00/00
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59245
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Sylvia Malm,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-0417
Fax: 202 260-3762
Email: malm.sylvia@epa.gov
RIN: 2040-AA94
3523. REFORMATTING OF DRINKING
WATER REGULATIONS
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: This rule reformats the
current drinking water regulations to
make them easier to understand and
follow. This rule is not intended to
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Federal Register/Vol. 65, No. 79/Monday, April 24, 2000/Unified Agenda
23593
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
change any of the regulatory
requirements. The rule assists State,
local and tribal governments in that it
makes the rules easier to implement
and thus facilitates their jobs.
Timetable:
Action
Date
FR Cite
Direct Final Rule 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3563
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Evelyn Washington,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-3029
Fax: 202 260-3762
Email: washington.evelyn@epa.gov
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