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Agenda
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Environmental standards should be straightforward,
clear and enforceable. When standards morph into
"our way or the highway" we lose the brilliant system
ofdekgated powers and local innovation.
—Administrator, Mike Leavitt
Introductory Address
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Regulatory Plan Contents
Part 1: The Statement of Priorities
Part 2: The 30 Actions Described in the Regulatory Plan
Sequence Title and Regulation Identification Number
Number
Prerules
101 Endocrine Disrupter Screening Program; Priority Setting Criteria 2070-AD59
Proposed Rules
102 Electric Utility Steam Generating Unit MACT Regulation 2060-AJ65
103 Implementation Rule for PM-2.5 NMQS 2060-AK74
104 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Allowables Plantwide Applicability Limit (PAL), Aggregation, and Debottlenecking 2060-AL75
105 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling 2070-AC83
106 Pesticides; Emergency Exemption Process Revisions 2070-AD36
107 Acceptability of Research Using Human Subjects 2070-AD57
108 Endocrine Disruptor Screening Program; Implementing the Screening and Testing Phase 2070-
AD61
109 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors 2060-AE01
110 Standards for the Management of Coal Combusion Wastes Generated by Commercial Electric
Power Producers 2060-AE81
111 Increase Metals Reclamation from F006 Waste Streams 2050-AE97
112 Standards and Practices Appropriate for Conducting "All Appropriate Inquiry" 2050-AF04
113 Regulatory Amendments to the F019 Hazardous Waste Listing to Exclude the Wastewater
Treatment Sludges From the Chemical Conversion Coating Process (Zinc Phosphating) of
Automobile Bodies of Aluminum 2050-AG15
114 Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions 2040-AD82
Final Rules
115 NESHAP: Plywood and Composite Wood Products 2060-AG52
116 NESHAP: Reciprocating Internal Combustion Engine 2060-AG63
117 NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters 2060-AG69
118 NESHAP: Surface Coating of Automobiles and Light-Duty Trucks 2060-AG99
119 Implementation Rule for 8-hour Ozone NAAQS 2060-AJ99
120 Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel 2060-AK27
121 Hazardous Waste Manifest Regulation 2050-AE21
122 Management of Cement Kiln Dust (CKD) 2050-AE34
123 Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-AE44
124 Office of Solid Waste Burden Reduction Initiative 2050-AE50
125 Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment: Changes to
Hazardous Waste Regulations 2050-AE52
126 National Primary Drinking Water Regulations: Groundwater Rule 2040-AA97
127 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule 2040-AD37
128 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 2040-AD38
129 Effluent Guidelines and Standards for the Construction and Development Industry 2040-AD42
130 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water Act, Phase 2 2040-AD62
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72555
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Priorities
OVERVIEW
The U.S. Environmental Protection
Agency (EPA) is the leading Federal
agency responsible for protecting
environmental quality and controlling
the effects of pollution on human
health. Since its creation in 1970, EPA
has taken actions that have led to
measurable improvements in air and
water quality, significant reductions in
solid and hazardous wastes, and
limitations on the use of harmful
pesticides.
EPA fulfills its mission using a variety
of tools, such as technical assistance,
funding, voluntary partnerships,
research, and education. And in
carrying out its statutory
responsibilities, EPA also develops
regulations that provide protection
against a variety of environmental risks.
In the coming year, EPA's top regulatory
priority is supporting passage and
implementation of the Clear Skies
Initiative, a legislative proposal of the
Bush Administration that would reduce
emissions of the three most harmful air
pollutants, nitrogen oxides, sulfur
dioxides, and mercury, at levels 70
percent below year 2000 levels. Other
regulatory priorities include completing
rules that will reduce emissions from
off-road diesel engines and reduce the
risks from microbial pathogens,
especially cryptosporidium, in drinking
water.
Sound Science and Economic
Analysis
These and other regulatory activities
are supported by a strong commitment
to sound science and economic analysis.
EPA conducts scientific and economic
research on an ongoing basis,
independently and in collaboration with
others, to obtain the base of knowledge
that is needed to understand and solve
complex ecological and human health
problems.
EPA's priorities for scientific research
align with the Agency's five strategic
goals. For Clean Air, science priorities
focus on emissions, fate and transport,
exposures, mechanisms of injury, and
health effects of criteria air pollutants.
Science priorities for Clean and Safe
Water address water quality and
drinking water. The science priorities
for Land Preservation and Restoration
focus on improving characterization,
measuring, and monitoring methods;
enhancing methods and models for
estimating ecological effects; reducing
uncertainty in human health and
ecological risks; and developing more
cost-effective and reliable remediation
and treatment technologies. The science
priorities for Healthy Communities and
Ecosystems are wide ranging and
comprise a variety of priorities among
multiple program offices, as well as
basic research. The science priorities for
Compliance and Environmental
Stewardship are pollution prevention
practices; new technology development;
socioeconomics; and decisionmaking
related to compliance, enforcement,
incentives, monitoring, and innovative
approaches to environmental
stewardship. In addition, EPA has
identified cross-cutting science
priorities that span several programs
and help the Agency accomplish
multiple science objectives. These are
aggregate and cumulative risk
assessment, genomics, computational
toxicology, environmental indicators
and susceptible subpopulations as high-
priority cross-cutting activities.
Advances in these areas will improve
EPA's capability to predict and reduce
potential human health and ecological
risks under all five of the Agency's
goals.
EPA's emphasis on economic and
policy analysis supports the Agency's
continuing dedication to quantifying the
costs and benefits of its air, land and
water regulations, policies and
programs. In the coming year, EPA will
expand its economic research programs
to improve the measurement of
environmental benefits, focusing on
efforts to value the benefits of
preserving goods and services provided
by ecological systems. EPA will
continue to undertake studies to
quantify the social benefits and costs of
established and new economically
significant rules, including preparation
of a revised comprehensive evaluation
of the economic benefits and costs of
programs established under the Clean
Air Act.
Innovative Approaches
Increasingly, EPA's regulations reflect
innovative approaches that go beyond
traditional technology-based standards
and aim to improve performance and
cut costs. Some of the innovations likely
to influence EPA's regulations in fiscal
year (FY) 2004 include market-based
incentives that harness the power of
economics to drive decisionmaking,
flexible implementation options that
provide regulated entities with more
choices in deciding how to achieve an
environmental goal, and information
provisions that highlight environmental
performance and provide an impetus for
improvement. EPA will also support
environmental technology innovation
by allowing use of innovative
technologies in its regulations. For
example, through a national
environmental technology competition,
EPA is conducting demonstrations of
innovative technologies for removing
arsenic from drinking water to enable
small drinking water systems to cost-
effectively comply with EPA's new
standards. The first twelve of over
twenty planned demonstrations will
begin by December 2003.
Another innovative approach for
achieving environmental results is
fostering voluntary action. Today EPA
manages a suite of voluntary programs,
such as WasteWise and Energy Star, that
help organizations achieve measurable
environmental improvements. While
these programs are designed to support
efforts to reduce pollution in ways that
are not required by regulation, they
often have the secondary effect of
improving the quality of regulations. For
example, by working closely with trade
associations and other organizations,
EPA has been able to develop
regulations that meet environmental
goals while also being responsive to
special needs, interests, and
circumstances surrounding a particular
issue. Given the potential to improve
the quality of regulations and, in some
cases, to eliminate the need for
regulation altogether, EPA will continue
to promote and support development of
voluntary programs.
Regulatory flexibility, cost reduction,
information transfer, and technology
development are all objectives fueling
EPA's innovation investments.
However, before any innovation is
adopted, EPA conducts pilot tests to
ensure feasibility and evaluate the
results. In the coming year, EPA will
explore innovative approaches in
cooperation with many partners. In
particular, EPA will work with States
through the Joint Agreement on
Regulatory Innovation, the newly
established State Innovation Grant
program, and other mechanisms. To
realize the greatest value from each
innovation, EPA will also work to
expand use of proven innovations on
the broadest possible scale. This
includes working with States to apply
Massachusetts's highly successful
Environmental Results Program to
improve environmental compliance and
accountability among priority small
business sectors.
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72556 Federal Register/ Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Attention to Small Businesses
Helping small businesses improve
environmental performance is a top
priority for EPA. EPA offers a variety of
services for small businesses, including
a toll-free hotline, a semiannual
newsletter, online expert systems, and
for some sectors, compliance assistance
centers that focus on the unique
environmental management issues
facing specific industries. EPA also
maintains a Small Business
Ombudsman which provides a point of
contact for small businesses and ensures
compliance with the Small Business
Paperwork Relief Act of 2002.
In FY 2003, EPA updated its Small
Business Strategy to unify its many
small business services and help small
businesses fulfill their environmental
responsibilities. The strategy focuses on
improving EPA's understanding of small
business issues, and improving small
businesses' understanding of EPA. The
strategy also aims to involve small
businesses earlier in the regulatory
development process and to develop
alternative regulatory approaches - such
as self-certification procedures - that
work better for small businesses. Other
objectives include developing
compliance tools to make it easier for
small businesses to comply as well as
rewards that recognize small businesses
for their environmental stewardship.
In FY 2004, EPA will focus on
implementing the Small Business
Strategy. By better coordinating small
business activities, EPA aims to improve
its technical assistance and outreach
efforts, minimize burden to small
businesses in its regulations, and
simplify small businesses' participation
in its voluntary programs.
A number of rules included in this
plan may be of particular interest to
small businesses. The following are
intended to provide regulatory relief:
Office of Solid Waste Burden
Reduction Project Final Rule
Increase Metals Reclamation from
F006 Waste Streams Proposed Rule
Standardized Permit for RCRA
Hazardous Waste Management Facilities
Final Rule
Recycling of Cathode Ray Tubes and
Mercury-Containing Equipment:
Changes to Hazardous Waste
Regulations Final Rule
Other rules in this plan may
potentially have significant impacts on
small businesses. They include:
Standards and Practices for
Conducting "All Appropriate Inquiry"
Proposed Rule
Groundwater Rule
Lead-Based Paint Activities: Training
and Certification for Renovation and
Remodeling
Effluent Guidelines and Standards for
the Construction and Development
Industry
Long-Term 2 Enhanced Surface Water
Treatment Rule
Stage 2 Disinfection Byproducts Rule
Control of Emissions of Air Pollution
from Nonroad Diesel Engines and Fuel
National Security
EPA is one of many Federal agencies
with responsibilities related to national
security. This new priority is affecting
the structure of EPA's programs, the
Agency's budget, and its regulatory
agenda. Virtually every office within
EPA has had to extend its reach above
EPA's core environmental mission to
encompass this new priority. Some
offices are working to prevent future
terrorist attacks and enhance
preparedness through the research of
water and building security, and
through teams devoted to
counterterrorism law enforcement
support, water and wastewater
infrastructure protection, building air
protection, food security, and
information infrastructure security.
Other programs have focused on
improving various ways to respond in
the event of an incident, including
EPA's extensive emergency response
network (including chemical, biological,
and radiological emergency response),
the EPA Emergency Operations Center,
and National Decontamination Teams.
These many activities highlight EPA's
new priority and help to ensure that the
nation is better protected and prepared
for a terrorist event.
As this new priority has such broad
implications for the Agency, a need was
seen by the Administrator for a central
office to ensure that EPA's policies
regarding terrorism incident
preparedness and response promote
efficiency, collaboration, and reduction
of gaps. This new office formed in
February 2003 as the Administrator's
Office of Homeland Security (OHS),
which has the major responsibilities of
leading and coordinating homeland
security activities and policy
development across the Agency. The
office is working to ensure that, while
EPA continues to meet its core
environmental protection mission, the
Agency is also evolving to meet its
homeland security responsibilities,
assuring that EPA's new priority
receives the necessary attention.
HIGHLIGHTS OF EPA'S
REGULATORY PLAN
Office of Air and Radiation
The principal regulatory priority of
EPA's Office of Air and Radiation (OAR)
for FY 2004 is to protect public health
and the environment from the harmful
effects of fine particulate matter and
ozone, the two air pollutants that persist
widely in the Nation's air in amounts
that exceed Clean Air Act health
standards. Exposure to these pollutants
is associated with numerous harmful
effects on human health, including
respiratory problems, heart and lung
disease, and premature death. OAR is
also continuing with priority efforts to
address cancer-causing air toxics
pollution by implementing a toxics-
control program under the Clean Air
Act. OAR is also working to increase the
effectiveness and efficiency of its
permitting programs, which are the
main mechanisms through which these
protections are implemented. These
efforts are described briefly below.
OAR's principal vehicle to address
the continuing problem of particulate
and ozone pollution is the Clear Skies
legislative proposal, which would
achieve large reductions in the
emissions that cause particulate and
ozone pollution through use of a "cap-
and-trade" system similar to the one
that has proved so successful in EPA's
Acid Rain program. This pollution,
largely from electric powerplants and
large industrial boilers, is transported
on the wind over long distances from
the Midwest to the east coast, and is a
major factor in the pollution problems
of eastern cities. The plan also describes
a rulemaking to address emissions of
off-road vehicles, which are significant
sources of ozone and particulate
pollution. Nonroad engines are used in
construction equipment and other
vehicles that do not normally travel on
roads and highways. The nonroad rule
will set new emission standards for
these engines, and will also greatly
lower the amount of sulfur in diesel
fuel, which will reduce sulfur pollution
in the air and also ensure that the
engines' pollution controls are not
prevented from working properly by
being "fouled" with high-sulfur fuel.
EPA continues to address toxic air
pollution under authority of the Clean
Air Act Amendments of 1990 by
implementing the Maximum Achievable
Control Technology (MACT) program,
which has the goal of controlling toxic
air pollution from major emitters
nationwide. Toxic air pollution is a term
that covers a large number of industrial
chemicals and other substances that
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have been shown to cause cancer, birth
defects, and developmental problems in
children. To date, EPA's air toxics
program has focused primarily on
reducing emissions from large industrial
sources, such as petroleum refineries
and chemical manufacturing plants,
through technology-based standards.
When fully implemented, the overall
MACT program will reduce more than
one million tons of toxic air emissions
per year. The rules listed in this year's
Regulatory Plan-covering electric
utilities, industrial boilers,
institutional/commercial boilers, wood
manufacturing, reciprocating engines,
and automobile painting operations—
are among the most significant
remaining categories to be regulated
under this program. While working on
these standards, OAR is beginning to
evaluate those sources with standards
already in place to determine if the
remaining risk from those sources
warrants additional regulation.
Since many air quality programs are
administered through permitting
programs, OAR continues to work
toward improving these programs to
increase efficiency and reduce
regulatory burden. Currently, OAR is
developing several rulemakings to
streamline and improve its two
principal permitting programs. The first
effort, to revise the New Source Review
program, will clarify the circumstances
under which companies must obtain
construction permits before building
new facilities or significantly modifying
existing facilities. These revisions will
provide more regulatory certainty by
clarifying compliance requirements, and
will also make the program easier to
administer while maintaining its
environmental benefits. The second
effort will streamline and simplify the
Operating Permits program, which
requires that all operating facilities have
a valid permit assuring that they meet
all applicable air-pollution regulations.
In both cases, OAR is drawing upon
many years of intense involvement with
major stakeholders, who have helped
shape a suite of reforms that are
expected to both improve the
environmental effectiveness of these
programs and make them easier to
comply with.
The annual report on the costs and
benefits of regulations, entitled
Stimulating Smarter Regulation: 2002
Report to Congress on the Costs and
Benefits of Regulations and Unfunded
Mandates on State, Local, and Tribal
Entities, that is prepared by the Office
of Management and Budget (OMB) and
submitted to Congress each year,
included several nominations for reform
from the public. In FY 2004, OAR
expects to address through regulatory
action one of the areas raised: New
Source Review (Comments #16, 30, 77,
187, 188, 189, and 196). (For a copy of
these comments, go to OMB's
compilation of the comments at
http://www.whitehouse.gov/omb/
inforeg/key comments .html.)
Office of Water
EPA's Office of Water has established
five regulatory priorities for the coming
year. They include rules affecting
cooling water intakes, industrial and
municipal wastewater pollution, the
Total Maximum Daily Load (TMDL)
Program, and drinking water.
EPA intends to issue a final rule to
control the adverse environmental
impacts associated with cooling water
intakes. Many power plants and
factories withdraw large volumes of
water from rivers, lakes, or other water
bodies to cool their production
equipment. As required by the CWA,
EPA must ensure that the location,
design, construction, and capacity of
these cooling water intake structures
reflect the best technology available for
minimizing adverse environmental
impact. EPA intends to issue a final rule
addressing cooling water intake
structures at large steam electric power
plants. These facilities (and to a small
degree, household ratepayers) will bear
the costs of this rule. The expected
benefits would be significant reductions
in aquatic organisms killed or injured by
impingement (being pinned against
screens or other parts of a cooling water
intake structure) or entrainment (being
drawn into cooling water systems and
subjected to thermal, physical, or
chemical stresses).
EPA also will issue regulations to
help control industrial and municipal
wastewater pollution. EPA expects to
issue final effluent guidelines that
would reduce the discharge of
pollutants contained in storm water
runoff from construction sites. These
requirements are expected to result in
significant improvements in water
quality as a result of construction site
owners and operators using best
management practices.
EPA plans to propose a rule
establishing a new framework for
accomplishing the water quality
planning and management provisions of
the TMDL program. EPA believes this
framework, based on the watershed
approach, will allow more jurisdictions,
i.e., States, territories, and tribes, to use
the program to contribute more
effectively to improving the Nation's
water quality. The proposal recognizes
that the major responsibility for water
quality management resides with these
jurisdictions. The proposed new
framework seeks to increase TMDL
program flexibility, enhance stakeholder
participation, promote opportunities for
trading, and increase efficiencies in
establishing, approving, and
implementing TMDLs.
Finally, EPA is developing three rules
to protect the safety of drinking water.
First, EPA is developing a final Long-
Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR). This rule
would reduce risks from microbial
pathogens, especially Cryptosporidium,
in public water systems that use surface
water sources. LT2ESWTR provisions
would target systems where current
standards do not provide sufficient
protection, including both filtered
systems with elevated source water
pathogen levels and unfiltered systems.
Second, EPA plans to finalize the
Groundwater Rule, a rule that addresses
fecal contamination in public water
systems served by groundwater sources.
Finally, EPA is developing a final Stage
2 Disinfectants and Disinfection
Byproducts Rule to control exposure to
disinfection byproducts beyond the
requirements of the Stage 1
Disinfectants and Disinfection
Byproducts Rule. This rule will respond
to new data the Agency has received on:
disinfection byproduct occurrence;
bladder, colon, and rectal cancer; and
possible reproductive and
developmental health effects.
Office of Prevention, Pesticides, and
Toxic Substances
Evidence suggests that environmental
exposure to man-made chemicals that
mimic hormones (endocrine disrupters)
may cause adverse health effects in
human and wildlife populations. The
Food Quality Protection Act directed
EPA to develop a chemical screening
program (the Endocrine Disruptor
Screening Program, EDSP), using
appropriate validated test systems and
other scientifically relevant information,
to determine whether certain substances
may have hormonal effects in humans.
EPA is implementing recommendations
from a scientific advisory committee,
which was established to advise EPA on
the EDSP, by developing and validating
test systems for determining whether a
chemical may have effects similar to
those produced by naturally occurring
hormones. As part of this program EPA
is also designing a framework for
procedures and processes to use when
implementing the EDSP, and is
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72558 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
developing an initial list of chemicals
for which testing will be required. A
proposed chemical selection approach
for this initial list of chemicals was
published in the Federal Register in
December 2002 for public comment, and
the comment period ended April 1,
2003. A notice on the final approach is
expected to be published in early 2004.
To address high production volume
(HPV) chemicals, the Agency launched
the HPV Initiativein April 1998, which
is a data collection and development
program established by OPPTS for
existing U.S. HPV chemicals. Under this
initiative, HPV chemicals are defined as
organic chemicals manufactured
(including imported) at or above 1
million pounds per year based on
information submitted under the 1990
Inventory Update Rule established
pursuant to the Toxic Substances
Control Act (TSCA). Through the HPV
Initiative, which includes a voluntary
component (the HPV Challenge
Program) for certain international efforts
and rulemaking under TSCA, basic
screening level hazard datanecessary to
provide critical information about the
environmental fate and potential
hazards associated with HPV chemicals
will be collected or, where necessary,
developed. Data collected and/or
developed under the HPV Initiative will
provide critical basic information about
the environmental fate and potential
hazards associated with these chemicals
which, when combined with
information about exposure and uses,
will allow the Agency and others to
evaluate and prioritize potential health
and environmental effects and take
appropriate follow up action. Of the
estimated 2,800 HPV chemicals
included in the HPV Initiative, under
the voluntary HPV Challenge Program
component, EPA received commitments
from 338 companies individually or
through consortia and the International
Council of Chemical Associations
(ICCA) to sponsor 2,165. As of August
2003, EPA has received 225 test plans
covering 1,055 chemicals either
individually or as part of a chemical
category. EPA plans to issue a final rule
to require testing for a number (30 or so)
of the HPV chemicals that were not
sponsored as part of the voluntary HPV
Challenge Program.
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood (Center for Disease Control's
level of concern). Although there have
been dramatic declines in blood-lead
levels due to reductions of lead in paint,
gasoline and various food sources,
remaining lead-based paint in older
houses continues to be a significant
source of childhood lead poisoning.
Section 402 (c) of the Toxic Substances
Control Act (TSCA) directs EPA to
address renovation and remodeling
activities in these older houses by first
conducting a study of the extent to
which persons engaged in various types
of renovation and remodeling activities
are exposed to lead in the conduct of
such activities or disturb lead and create
a lead-based paint hazard on a regular
basis. Section 402(c) further directs the
Agency to revise the lead-based paint
activities regulations (40 CFR part 745
subpart L) to include renovation or
remodeling activities that create lead-
based paint hazards. In order to
determine which contractors are
engaged in such activities, the Agency is
directed to utilize the results of the
study and consult with the
representatives of labor organizations,
lead-based paint activities contractors,
persons engaged in remodeling and
renovation, experts in health effects,
and others. Given the significant
number of older houses affected, such a
rule is likely to have a potentially
significant economic impact. In an effort
to minimize that impact, the Agency is
working with stakeholders to explore
the development of non-rulemaking
approaches for reducing the potential
creation of lead-based paint hazards
from renovation or remodeling
activities. The lead-based paint program
activities are intended to insure that the
individuals and firms conducting lead-
based paint activities will do so in a
way that safeguards the environment
and protects the health of building
occupants, especially children under six
years old.
The Agency will be announcing
revisions to its pesticide emergency
exemption program, under which States
and other Federal agencies may obtain
permission to temporarily use a
pesticide not in accordance with
registration requirements under
emergency conditions. In response to
State concerns, EPA has already
reduced the review time for emergency
exemptions significantly. Other changes
that EPA is considering have the
potential for further streamlining the
exemption program and allowing more
flexibility in its applicability.
EPA anticipates it will develop a
policy or regulation setting forth criteria
and standards the Agency would use in
deciding the extent to which it will rely
on certain kinds of human research to
support its actions to protect public
health and the environment. In
developing a future policy or rule, EPA
will consider the public comments
received in response to the advance
notice of proposed rulemaking
published in the Federal Register on
May 7, 2003 (68 FR 24410), and will
also carefully consider advice from the
National Academy of Sciences expected
in December 2003. The policy or rule
would establish rigorous scientific and
ethical standards that EPA would apply
in its analysis of various types of
research involving people exposed to
toxicants to identify or quantify their
effects. The Agency will particularly
focus on "third-party intentional dosing
human studies," but recognizes that
standards applicable to these studies
may also be applicable to other types of
studies. "Third party studies" refers to
research not conducted or supported by
EPA or other federal agencies, and
therefore not governed by the regulation
for Protection of Human Subjects,
widely referred to as the Common Rule
(40 CFR part 26).
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response (OSWER) has a
number of regulatory priorities aimed at
improving environmental quality.
Protection of public health and the
environment and environmental
stewardship are two key themes, as is
reducing burden on the regulated
community where environmental
protections are maintained.
During the 1990s, EPA determined
that additional control is needed for
cement kiln dust, a high-volume
byproduct material of the cement
manufacturing process that potentially
contains hazardous constituents, such
as lead, cadmium and chromium. EPA
also committed to develop regulations
that would be tailored to protect human
health and the environment while
limiting burden on the regulated
community. EPA proposed a
comprehensive set of standards for the
management of cement kiln dust in
1999, and plans to finalize standards
soon.
Likewise, in response to an earlier
determination that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed, EPA is
developing standards for the
management of coal combustion wastes
generated by commercial electric power
producers. When implemented, the
standards will prevent contamination or
damage to groundwaters and surface
waters.
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EPA will further promote and protect
air quality by reducing emissions of
arsenic, beryllium, cadmium,
chromium, dioxins and furans,
hydrogen chloride, lead, manganese,
and mercury, all of which cause adverse
health effects. EPA plans to propose
national emission standards for these
hazardous air pollutants for hazardous
waste combustors. This proposal will
also contain a response to the Cement
Kiln Recycling Coalition petition of the
Administrator to withdraw Agency
policy and technical guidance
concerning site-specific risk
assessments for hazardous waste
combustors and re-issue them as
regulations, if EPA continues to believe
that they are necessary. This proposal
also supports a reform nomination for
site-specific risk assessments in the
Resource Conservation and Recovery
Act (RCRA) that was mentioned in
OMB's 2002 Report to Congress on the
Costs and Benefits of Regulations.
EPA is determining whether wastes
from the manufacturing of dyes and
pigments present a hazard to human
health and the environment. If so, EPA
will propose their listing under RCRA
subtitle C.
OSWER's Environmental Stewardship
priority promotes revitalizing the land,
including cleaning up and redeveloping
Brownfields. The Small Business
Liability Relief and Brownfields
Revitalization Act addresses the need
for bona fide prospective purchasers,
contiguous property owners, and
innocent landowners to conduct "all
appropriate inquiry" into prior
ownership and use of the property at the
time the party acquires the property.
EPA is seeking to provide purchasers of
contaminated property with clarity
regarding the procedures and standards
for conducting an "all appropriate
inquiry" so as to limit CERCLA liability.
To further promote environmental
stewardship, EPA is encouraging
recycling. One of the largest hazardous
waste streams amenable to recycling is
the wastewater treatment sludges from
electroplating operations (waste code
F006). EPA is considering changes to
the existing RCRA regulations to
encourage safe recycling and waste
management practices of wastewater
treatment sludges from electroplating
operations. These electroplating sludges
are sufficiently high in metal(s) and
sufficiently low in other toxic
constituents.
EPA also seeks to remove unnecessary
regulatory barriers to recycling of
Cathode Ray Tubes. These tubes, which
are found in televisions and computer
monitors, contain lead to protect users
from X-rays.
To reduce burden on the regulated
community, Agency efforts are
underway to eliminate duplicative and
non-essential paperwork burden
imposed by RCRA reporting and
recordkeeping requirements. This rule
will eliminate or streamline paperwork
requirements that are unnecessary
because they add little to the
protectiveness of the RCRA regulations.
EPA also intends to reduce burden on
the regulated community by revising the
current RCRA regulations that apply to
the wastewater treatment sludges from
the chemical conversion coating (zinc
phosphating) of aluminum. The current
Federal regulations require that the
wastewater treatment sludges generated
from this conversion coating process be
managed as a RCRA hazardous waste.
Yet, such sludges do not contain the
constituents for which the F019
hazardous waste was originally listed
(cyanide and chromium).
EPA also plans to streamline both the
RCRA permit and hazardous waste
manifest processes. The Agency is
creating a standardized permit for RCRA
facilities that generate hazardous waste
and routinely manage the waste on-site
in tanks, containers, and containment
buildings. This standardized permit
process would allow facilities to obtain
and modify permits more easily while
maintaining the protectiveness currently
existing in the individual RCRA permit
process.
Likewise, the Agency plans to reduce
paperwork burden by standardizing the
Uniform Hazardous Waste Manifest,
which is a multi-copy form used to
identify the quantity, composition,
origin, routing, and destination of RCRA
hazardous waste during its
transportation. EPA plans to specify one
format for the manifests that may be
used in all States. EPA is working
toward standard requirements for
tracking rejected wastes, container
residues, and international shipments of
hazardous wastes.
Office of Environmental Information
The top regulatory priority of EPA's
Office of Environmental Information
(OEI) will be to finalize the Cross-Media
Electronic Reporting and Recordkeeping
Rule (CROMERRR). This rule will
address electronic reporting by
companies regulated under all of EPA's
programs—air, water, pesticides, toxic
substances, wastes, and emergency
response. CROMERRR will remove
existing regulatory obstacles to
electronic reporting, and it will set
requirements for companies choosing to
report electronically. In addition, this
rule will set the conditions for allowing
electronic reporting under State, tribal,
or local environmental programs that
operate under EPA authorization.
CROMERRR is intended to make
electronic reporting as simple, efficient,
and cost-effective as possible for
regulated companies, while ensuring
that a transition from paper to electronic
reporting does not compromise EPA's
compliance and enforcement programs.
Consequently, the Agency's strategy is
to impose as few specific requirements
as possible, and to keep those
requirements neutral with respect to
technology, so the rule will pose no
obstacles to adopting new technologies
as they emerge.
To ensure that authorized programs at
the State, tribal, and local levels meet
CROMERRR's goals, the rule would
specify a set of criteria that these
programs must satisfy as they initiate
electronic reporting or recordkeeping.
The final rule would specify a process
for certifying that these programs meet
the criteria. EPA is on schedule to
finalize CROMERRR by the third quarter
of FY 2004. In response to public
comment, a decision was made to focus
the final rule on electronic reporting
only, and to defer coverage of electronic
recordkeeping until a later time. Also, in
response to comments, EPA currently is
exploring a streamlined process to
review State programs for electronic
reporting.
Finally, EPA has implemented an
integrated system to support the
electronic reporting needs of EPA media
programs, known as Central Data
Exchange (CDX). CDX currently
provides electronic reporting services to
more than 14,000 users in six major
media programs and is on track to
provide electronic reporting services for
all significant environmental data
collections over the next two years. All
but one of the major environmental data
exchanges with States will be
operational through CDX by the end of
2004, and the outstanding data
exchange will be operational by the end
of FY 2005. In addition, beginning in
the spring of 2002, Toxics Release
Inventory (TRI) reporters were able to
useTRI - Made Easy (TRI-ME) software
to submit their forms electronically over
the Internet through CDX. However,
reporters still had to submit a paper
certification letter. Beginning in the
spring of 2003, TRI reporters no longer
need to submit paper certification
letters; instead, they are now able to use
the TRI-ME software to submit data over
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72560 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
the Internet using CDX with electronic
signature.
EPA
PRERULE STAGE
101. ENDOCRINE DISRUPTOR
SCREENING PROGRAM; PRIORITY
SETTING CRITERIA
Priority:
Other Significant
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:
None
Abstract:
EPA published a proposed policy
statement in the Federal Register setting
forth the Endocrine Disrupter Screening
Program on December 28, 1998. In that
FR Notice, the Agency described the
major elements of the Program EPA had
developed to comply with the
requirements of FFDCA section 408(p)
as amended by FQPA. One of those
elements is priority setting which was
defined as the collection, evaluation,
and analysis of relevant information to
determine the general order in which
chemical substances and mixtures will
be subjected to screening and testing.
Under this current action, EPA is
developing a priority setting approach
to be used by the Agency to identify
the initial list of chemicals for which
tier 1 testing will be required. On
December 30, 2002, EPA published in
the Federal Register for public
comment a proposed chemical selection
approach for this initial list of
chemicals. The public comment period
on this proposed approach was
extended to April 1, 2003 in a Federal
Register notice dated February 26,
2003. Following consideration of
comments on this proposed approach,
EPA will issue a Federal Register notice
setting forth its final approach.
Although this action is not a
rulemaking, the Agency has included
it in the Regulatory Agenda to help
inform the public.
Statement of Need:
The Endocrine Disrupter Screening
Program fulfills the statutory direction
and authority to screen pesticide
chemicals and drinking water
contaminants for their potential to
disrupt the endocrine system and
adversely affect human health.
Summary of Legal Basis:
The mandate to screen pesticide
chemicals for estrogenic effects that
may affect human health is the Federal
Food, Drug and Cosmetic Act (FFDCA)
as amended in the Food Quality
Protection Act (21 U.S.C. 346a(p)).
FFDCA also provides EPA authority to
require testing of substances that may
have an effect that is cumulative to that
of a pesticide chemical. Discretionary
authority to test contaminants in
sources of drinking water is in the Safe
Drinking Water Act as amended in
1996 (42 U.S.C. 300J-17). General
authority to require testing of chemicals
and pesticides is in TSCA (15 U.S.C.
2603) and FIFRA (7 U.S.C. 136)
respectively.
Alternatives:
A federal role is mandated under cited
authority. There is no alternative to role
of the Federal government on this issue
to ensure that pesticides, commercial
chemicals and contaminants are
screened and tested for endocrine
disruption potential. A limited amount
of testing may be conducted voluntarily
but this will fall far short of the
systematic screening which is necessary
to protect public health and the
environment and ensure the public that
all important substances have been
adequately evaluated.
Anticipated Cost and Benefits:
None.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
from exposure to chemicals operating
through a endocrine mediated pathway.
Preliminary studies show decreases on
IQ tests and increases in aggression in
children. Severe malformations of the
genitals of boys has increased steadily
over the last two decades. Wildlife
effects have been more thoroughly
documented. Abnormalities in birds,
marine mammals, fish and shellfish
have been documented in the United
States, Europe, Japan, Canada, and
Australia which have been linked to
specific chemical exposures. Evidence
is sufficient for the United States to
proceed on a two track strategy:
research on the basic science regarding
endocrine disruption and screening to
identify which chemicals are capable of
interacting with the endocrine system.
The combination of research and test
data developed by this program will
enable EPA to take action to reduce
chemical risks.
Timetable:
Action
Notice RfC
Notice ECP
Notice Final
Date FR Cite
12/30/02 67 FR 796 11
02/26/03 68 FR 8901
03/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN 4727.
Split from RIN 2070-AD26.
Agency Contact:
Mary Belefsk
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201M
Washington, DC 20460
Phone: 202-566-1212
Fax: 202 564-8452
Email: belefski.mary@epamail.epa.gov
Gary Timm
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201M
Washington, DC 20460
Phone: 202-564-8474
Fax: 202 564-8482
Email: timm.gary@epamail.epa.gov
RIN: 2070-AD59
EPA
PROPOSED RULE STAGE
102. ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
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 7412
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72561
CFR Citation:
40 CFR 63
Legal Deadline:
NPRM, Judicial, December 15, 2003,
NPRM.
Final, Judicial, December 15, 2004,
Final.
Abstract:
In December 2000, the EPA determined
that regulation of hazardous air
pollutant emissions (HAP) from oil-
and coal-fired electric utility steam
generating units was necessary and
appropriate. This finding was based on
the results of the study mandated by
section 112(n)(l)(A) of the Clean Air
Act, as amended. The regulation(s) will
be developed under section 112 and
will result in standards based on the
use of maximum achievable control
technology (MACT). The primary
benefit will be the reduction of mercury
emissions to the atmosphere from coal-
fired units but other HAP will also be
reduced. Small businesses and
State/local/tribal governments could be
impacted (particularly those
governments owning or operating oil-
or coal-fired electric generation
facilities).
Statement of Need:
Oil and coal-fired electric utility steam
generating units were added (December
20, 2000) to the list of source categories
to be regulated under section 112 of
the Clean Air Act, as amended.
Summary of Legal Basis:
Section 112 of the Clean Air Act, as
amended.
Alternatives:
Alternatives will be identified as the
proposal is developed.
Anticipated Cost and Benefits:
It is anticipated that this rule will
result in significant costs to the affected
industry, including Federal, State, and
local entities that own/operate electric
utility steam generating units. These
costs will be identified as the proposal
is developed.
Risks:
Risk information will become available
as the proposal is developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/03
12/00/04
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN 4571.
Sectors Affected:
221112 Fossil Fuel Electric Power
Generation
Agency Contact:
Robert Wayland
Environmental Protection Agency
Air and Radiation
C-439-01
Research Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
William Maxwell
Environmental Protection Agency
Air and Radiation
C439-01
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AJ65
EPA
103. IMPLEMENTATION RULE FOR
PM-2.5 NAAQS
Priority:
Other Significant
Unfunded Mandates:
This action may affect State, local or
tribal governments and the private
sector.
Legal Authority:
42 USC 7410; 42 USC 7501 et seq
CFR Citation:
40 CFR 51
Legal Deadline:
None
Abstract:
In 1997, EPA promulgated revised
National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM—2.5). The rule described in
this paragraph—the Implementation
Rule for PM-2.5 NAAQS—will include
requirements and guidance for State
and local air pollution agencies to
develop and submit State
implementation plans (SIPs) designed
to bring the areas into attainment with
the 1997 standards. These SIP-
development activities include
conducting technical analyses to
identify effective strategies for reducing
emissions contributing to PM-2.5
levels, and adopting regulations as
needed in order to attain the standards.
Ambient air quality monitoring for
1999-2001 shows that areas exceeding
the standards are located throughout
the eastern half of the United States
and in California. Estimates show that
compliance with the standards will
prevent thousands of premature deaths
from heart and lung disease, tens of
thousands of hospital admissions and
emergency room visits, and millions of
absences from school and work every
year.
Statement of Need:
This rule is needed in order to provide
guidance to State and local agencies in
preparing State implementation plans
(SIPs) designed to bring areas into
attainment with the 1997 PM-2.5
standards. The implementation
requirements for nonattainment areas
are generally described in subpart 1 of
section 172 of the Clean Air Act. This
rule provides further interpretation of
those requirements for the PM-2.5
standards.
Summary of Legal Basis:
42 USC 7410 and 42 USC 7501 et seq.
Alternatives:
Alternatives will be explored as the
proposal is developed.
Anticipated Cost and Benefits:
This information will be provided as
the proposal is developed.
Risks:
The risks addressed by this rule are
those addressed by the 1997 NAAQS
rule—i.e., the health and environmental
risks associated with nonattainment of
the NAAQS. These risks were
summarized in detail in the analyses
accompanying the 1997 NAAQS rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/03
12/00/04
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Federal, Local, State, Tribal
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72562 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Additional Information:
SAN 4752.
Agency Contact:
Richard Damberg
Environmental Protection Agency
Air and Radiation
C504-02
Research Triangle Park, NC 27711
Phone: 919 541-5592
Fax: 919 541-5489
Email: damberg.rich@epa.gov
Joe Paisie
Environmental Protection Agency
Air and Radiation
C504-02
Washington, DC 20460
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
R1N: 2060-AK74
EPA
104. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ALLOWABLES
PLANTWIDE APPLICABILITY LIMIT
(PAL), AGGREGATION, AND
DEBOTTLENECKING
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Legal Authority:
42 USC 7401 et seq
CFR Citation:
40 CFR 51.165; 40 CFR 51.166; 40 CFR
52.21
Legal Deadline:
None
Abstract:
EPA recently promulgated NSR rules
for a Plantwide Applicability Limit
(PAL) based on actual emissions that
applies to existing major stationary
sources. This year, EPA will propose
an allowables PAL provision based on
a facility's allowable emissions. If a
company commits to keep its facility
emissions below Allowables PAL level,
then these regulations will allow the
plant owners to avoid the NSR
permitting process when they make
changes at individual units at the plant,
as long as the total emissions from the
facility will not increase. This package
will also include an aggregation
provision which will propose that, for
the purposes of NSR applicability, a
project is considered separate and
independent from any other project
unless the project is dependent upon
another project to be economically or
technically viable, or if the project is
intentionally split from other projects
to avoid NSR. The package will also
include a debottlenecking provision
which addresses emissions from units
that change as a result of a physical
or operational change to another unit
at the facility. EPA will propose that,
when calculating actual emissions
associated with a physical change or
change in the method of operation,
sources generally should look only at
the unit undergoing the change.
Emissions from units "upstream" or
"downstream" of the unit being
changed should be considered only
when the permitted emissions limit of
the upstream or downstream unit
would be exceeded or increased as a
result of the change.
Statement of Need:
The current New Source Review
program provides for emissions from
multiple projects to be aggregated
(aggregation) as one single project
under certain circumstances. Similarly,
when making a PSD applicability
calculation, emissions from units
whose effective capacity and potential
to emit have been increased as a result
of a modification to another unit
(debottlenecked units), must be
included in the initial PSD
applicability calculations. Specific
questions regarding the application of
these two terms have been addressed
on a case-by-case basis. By completing
this rulemaking, regulated entities and
regulatory agencies will be provided an
additional level of certainty in
addressing applicability issues. We
recently promulgated NSR rules for a
Plantwide Applicability Limit (PAL)
based on actual emissions that applies
to existing major stationary sources. In
2003, we will propose an allowables
PAL based on a facility's allowable
emissions mainly for greenfield
sources. If a company commits to keep
its facility emissions below Allowables
PAL level, then these regulations will
allow the plant owners to avoid the
NSR permitting process when they
make changes at individual units at the
plant, as long as the total emissions
from the facility will not increase. This
would provide flexibility for sources to
respond rapidly to market changes
without compromising environmental
protection.
Summary of Legal Basis:
42 USC 7411(a)(4)
Alternatives:
Alternatives will be developed as the
rulemaking proceeds.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as appropriate as the
rulemaking proceeds.
Risks:
Risk information will be developed as
appropriate as the rulemaking proceeds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/03
08/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN 4793.
Agency Contact:
Lynn Hutchinson
Environmental Protection Agency
Air and Radiation
C339-03
Research Triangle Park, NC 27711
Phone: 919-541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epamail.epa.gov
Raj Rao
Environmental Protection Agency
Air and Radiation
C339-03
Washington, DC 20460
Phone: 919-541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AL75
EPA
105. LEAD-BASED PAINT ACTIVITIES;
TRAINING AND CERTIFICATION FOR
RENOVATION AND REMODELING
Priority:
Other Significant. Major under 5 USC
801.
Unfunded Mandates:
Undetermined
Legal Authority:
15 USC 2682 TSCA 402
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72563
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, October 28, 1996.
Abstract:
Under section 402(c)(2) of the Toxic
Substances Control Act (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 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 (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.
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood, (Center for Disease
Control's level of concern). Although
there have been dramatic declines in
blood-lead levels due to reductions of
lead in paint, gasoline, and food
sources, remaining paint in older
houses continues to be a significant
source of childhood lead poisoning.
These rules will help insure that
individuals and firms conducting lead-
based paint activities will do so in a
way that safeguards the environment
and protects the health of building
occupants, especially children under 6
years old.
Summary of Legal Basis:
This regulation is mandated by TSCA
section 402(c). TSCA section 402(c)
directs EPA to address renovation and
remodeling activities by first
conducting a study of the extent to
which persons engaged in various
typed of renovation and remodeling
activities are exposed to lead in the
conduct of such activities or disturb
lead and create a lead-based paint
hazard on a regular basis. Section
402(c) further directs the Agency to
revise the lead-based paint activities
regulations (40 CFR part 745 subpart
L) to include renovation or remodeling
activities that create lead-based paint
hazards. In order to determine which
contractors are engaged in such
activities the Agency is directed to
utilize the results of the study and
consult with the representatives of
labor organizations, lead-based paint
activities contractors, persons engaged
in remodeling and renovation, experts
in health effects, and others.
Alternatives:
TSCA section 402 (c) states that should
the Administrator determine that any
category of contractors engaged in
renovation or remodeling does not
require certification; the Administrator
may publish an explanation of the basis
for that determination.
Anticipated Cost and Benefits:
EPA's quantitative cost estimates fall
into four categories: Training Costs,
Work Practice Costs, Clearance Testing
Costs, and Administrative Costs. The
estimates vary depending upon the
option selected. In most cases we
expect that requirements related to
Clearance Testing and Work Practices
will contribute the most to overall rule
cost. The benefits analysis will not
provide direct quantitative measures of
each (or any) option. EPA does not
have a complete risk assessment (with
dose-response functions) that would
permit direct quantitative estimates. We
do have other data, such as estimated
loadings of Pb generated by renovation
work, number and type of renovation
events, demographics of the exposed
population, and the costs of various
health effects previously linked to Pb
exposure. With the available
information we are able to utilize
several qualitative approaches to frame
the benefits associated with an effective
renovation rule.
Risks:
These rules are aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children. The
Agency has concluded that many R&R
work activities can produce or release
large quantities of lead and may be
associated with elevated blood lead
levels. These activities include, but are
not limited to: sanding, cutting,
window replacement, and demolition.
Lead exposure to R&R workers appears
to be less of a problem than to building
occupants (especially young children).
Some workers (and homeowners) are
occasionally exposed to high levels of
lead. Any work activity that produces
dust and debris may create a lead
exposure problem.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/04
10/00/06
Regulatory Flexibility Analysis
Required:
Yes
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
Undetermined
Additional Information:
SAN 3557.
Sectors Affected:
23599 All Other Special Trade
Contractors; 23551 Carpentry
Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
23322 Multifamily Housing
Construction; 23521 Painting and Wall
Covering Contractors; 531311
Residential Property Managers; 23321
Single Family Housing Construction;
54138 Testing Laboratories
Agency Contact:
Mike Wilson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
1200 Pennsylvania Ave
Washington, DC 20460
Phone: 202-566-0521
Fax: 202 566-0471
Email: wilson.mike@epamail.epa.gov
Julie Simpson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404T
Washington, DC 20460
Phone: 202-566-1980
Fax: 202 566-0471
Email: simpson.juiie@epamail.epa.gov
RIN: 2070-AC83
EPA
106. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority:
Other Significant
Legal Authority:
7 USC 136p; 7 USC 136w
CFR Citation:
40 CFR 166
Legal Deadline:
None
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72564 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Abstract:
EPA will publish a Notice of Proposed
Rulemaking in the Federal Register
proposing several improvements to the
pesticide emergency exemption process
under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA). Two of these potential
improvements are currently being
tested through a limited pilot, and are
based on recommendations from the
States which are the primary applicants
for emergency exemptions. EPA has
established regulations under section
18 of FIFRA which allow a Federal or
State agency to apply for an emergency
exemption to allow an unregistered use
of a pesticide for a limited time when
such use is necessary to alleviate an
emergency condition.
Statement of Need:
In 1996, stakeholders, including States
and Federal agencies, identified a
number of issues related to improving
the emergency exemption process.
States and Federal agencies are the only
applicants for emergency exemptions.
Representatives of States have
recommended modifications to the
current process for application, review
and approval of emergency exemptions.
If adopted, the changes would reduce
unnecessary burden to both applicants
and EPA, and expedite decisions on
applications (which is critical in
emergency situations).
Summary of Legal Basis:
FIFRA section 18 authorizes EPA to
temporarily exempt States from the
requirements of registration to alleviate
an emergency condition.
Alternatives:
Several measures for streamlining or
improving the emergency exemption
process are being considered by the
Agency. EPA has analyzed these
measures and has received considerable
comment, both formally and informally,
from stakeholders, including specific
recommendations from a group
representing States' interests. Since the
modifications would generally
constitute regulatory relief, and are not
expected to cause any economic
impact, options with varying cost do
not apply.
Anticipated Cost and Benefits:
These procedural improvements are not
expected to increase existing costs
related to this program. In fact, this
action is likely to provide reduced
burden and cost to states and federal
agencies that apply for emergency
exemptions and reduced burden to
EPA. Indirect benefits may accrue to
users of pesticides under emergency
exemptions if changes result in faster
review and approval, or greater
availability of pesticides. Although not
required, EPA expects to assess the
potential economic impacts of this
action.
Risks:
In general, the measures being
considered are primarily intended to
reduce burdens for States and EPA and
achieve efficiencies in the program. No
impact on risk is anticipated.
Timetable:
Action
Date
FR Cite
Notice
NPRM
04/24/03 68 FR 20145
04/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN 4216.
Sectors Affected:
9241 Administration of Environmental
Quality Programs
Agency Contact:
Joe Hogue
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703-308-9072
Fax: 703 305-5884
Email: hogue.joe@epamail.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-AD36
EPA
107. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Priority:
Other Significant
Legal Authority:
5 USC 301; 7 USC 136a; 7 USC 136w;
15 USC 2603; 21 USC 346a; 42 USC
300v-l(b); 42 USC 7601; 33 USC 1361;
42 USC 9615; 42 USC 11048; 42 USC
6912; 42 USC 300J-9
CFR Citation:
40 CFR 26 (Revision)
Legal Deadline:
None
Abstract:
EPA is evaluating its current policy
with respect to the protection of human
research subjects in testing not
conducted or supported by the Federal
government. Current EPA regulations in
40 CFR part 26 apply to research
conducted or supported by the Agency
or "otherwise subject to regulation." No
action has been taken yet to give effect
to the "otherwise subject to regulation"
phrase. In addition, EPA has asked the
advice of the National Academy of
Sciences (NAS) on several issues
surrounding the acceptability and
interpretation of third party studies
involving deliberate dosing of human
subjects for the purpose of defining or
quantifying toxic endpoints. EPA will
seek public comment on issues related
to Agency use of human research data
in its regulatory decisionmaking. EPA
believes the process being initiated will
serve two important Agency goals:
ensuring the availability of sound and
appropriate scientific data in its
decisions, and protection of the
interests, rights and safety of human
research subjects. EPA may issue one
or more documents, which may include
policy statements, rulemaking or
requests for public comment.
Statement of Need:
In July 1998, the Agency committed
that EPA would not consider human
research in its regulatory decisions
unless a policy were in place that could
assure any such studies met the highest
scientific and ethical standards. The
Agency convened a special joint
subcommittee of the FIFRA Scientific
Advisory Panel and the EPA Science
Advisory Board to advise on this
policy. The subcommittee completed its
report in September 2000. In December
2001 the Agency sought the advice of
the National Academy of Sciences on
several difficult issues. A report from
the NAS is expected in December 2003.
In December 2001 the Agency clarified
its interim policy, committing, subject
to certain exceptions, not to consider
or rely on any third party studies
involving intentional dosing of human
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72565
subjects with toxicants for the purpose
of defining or quantifying their effects
until a final policy is in place, and
clarifying that this interim policy
applies across all Agency programs. In
June 2003, in response to a challenge
of the interim policy, the U.S. Court
of Appeals vacated the interim policy
and stated that as a consequence of the
Agency's "previous practice of
considering third party human studies
on a case-by-case basis, applying
statutory requirements, the Common
Rule, and high ethical standards as a
guide," was reinstated "until it is
replaced by a lawfully promulgated
regulation." If ultimately deemed
acceptable for consideration, some
human research could significantly
affect the Agency's risk assessments of
some pesticides and other toxicants.
Summary of Legal Basis:
Several statutes contain provisions that
involve Agency regulatory decisions
that are or may be based on testing not
conducted or supported by the Agency.
For example, FIFRA section 3 directs
EPA to define data requirements
supporting pesticide decisions and to
establish guidelines for conducting
research to support pesticide decisions;
and FFDCA section 408 directs EPA to,
among other things, consider available
and reliable data in support of pesticide
tolerance decisions. FIFRA sec. 4(g)(l)
directs the Administrator to "conduct
a thorough examination" of "all data
submitted under this section (section
4)" and of "all other available data
found by the Administrator to be
relevant."
Alternatives:
Still to be identified.
Anticipated Cost and Benefits:
No analysis has been performed yet.
Risks:
No analysis has been performed yet.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
05/07/03 68 FR 24410
10/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN 4610.
Sectors Affected:
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact:
Bill Jordan
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
H-7501C
7501C
Washington, DC 20460
Phone: 703 305-1049
Fax: 703-308-4776
Email: jordan.william@epa.gov
John Carley
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7501C
Washington, DC 20460
Phone: 703-305-7019
Fax: 703-305-5060
Email: carley.john@epamail.epa.gov
RIN: 2070-AD57
EPA
108. ENDOCRINE DISRUPTER
SCREENING PROGRAM;
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
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:
None
Abstract:
The screening and testing phase of the
Endocrine Disruptor Screening Program
(EDSP) potentially will encompass a
broad range of types of chemicals,
including pesticide chemicals, TSCA
chemicals, chemicals that may be found
in sources of drinking water, chemicals
that may have an effect that is
cumulative to the effect of a pesticide
chemical, chemicals that are both
pesticide chemicals and TSCA
chemicals, and other chemicals that are
combinations of these types of
chemicals. EPA may publish in the
Federal Register the procedures and
processes that the Agency will use
when implementing the screening and
testing phase of the EDSP. Specifically,
depending on decisions that the
Agency makes regarding
implementation of the testing phase of
the EDSP, the action will describe the
authorities that EPA may invoke to
require testing and, if necessary,
establish the process that the Agency
will use to require the testing.
Statement of Need:
The Endocrine Disruptor Screening
Program Implementation of the
Screening and Testing Phase fulfills the
statutory direction and authority to
screen pesticide chemicals and
drinking water contaminants for their
potential to disrupt the endocrine
system and adversely affect human
health.
Summary of Legal Basis:
The screening and testing phase of the
Endocrine Disruptor Screening Program
(EDSP) potentially will encompass a
broad range of types of chemicals,
including pesticide chemicals, TSCA
chemicals, chemicals that may be found
in sources of drinking water, chemicals
that may have an effect that is
cumulative to the effect of a pesticide
chemical, chemicals that are both
pesticide chemicals and TSCA
chemicals, and other chemicals that are
combinations of these types of
chemicals. As discussed in the
Proposed Statement of Policy, EPA has
a number of authorities at its disposal
to require testing of these types of
chemicals. The Federal Food, Drug, and
Cosmetics Act (FFDCA) section 408(p)
provides EPA authority to require
testing of all pesticide chemicals and
any other substance that may have an
effect that is cumulative to an effect
of a pesticide chemical if EPA
determines that a substantial
population may be exposed to the
substance. 21 U.S.C. section 346(a)(p).
Likewise, the Safe Drinking Water Act
(SDWA) provides EPA with authority
to require testing of any substance that
may be found in sources of drinking
water if EPA determines that a
substantial population may be exposed
to the substance. 42 U.S.C. section
300J-17. The Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA) provides EPA with authority to
require testing of pesticides if EPA
determines that additional data are
required to maintain in effect an
existing registration. 7 U.S.C. section
136a(c)(2)(B). The Toxic Substances
Control Act (TSCA) provides authority
for EPA to require testing of TSCA
chemicals, provided that it makes
certain hazard and/or exposure
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72566 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
findings. 15 U.S.C. section 2603. In
addition, EPA has authority to issue
consent orders to require testing when
interested parties agree on an
acceptable testing program. 51 FR
23706 (June 30, 1986).
Alternatives:
A federal role is mandated under cited
authority. There is no alternative to role
of the Federal government on this issue
to ensure that pesticides, commercial
chemicals and contaminants are
screened and tested for endocrine
disruption potential. A limited amount
of testing may be conducted voluntarily
but this will fall far short of the
systematic screening which is necessary
to protect public health and the
environment and ensure the public that
all important substances have been
adequately evaluated.
Anticipated Cost and Benefits:
It is too early to project the costs and
benefits of this program accurately.
However, as a rough estimate, the
screening battery is estimated to cost
$200,000 per chemical. It is also too
early to quantify the benefits of this
program mathematically. The goal of
the program is to reduce the risks
identified in paragraph 22 below.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
from exposure to chemicals operating
through a endocrine mediated pathway.
Preliminary studies show decreases on
IQ tests and increases in aggression in
children. Severe malformations of the
genitals of boys has increased steadily
over the last two decades. Wildlife
effects have been more thoroughly
documented. Abnormalities in birds,
marine mammals, fish and shellfish
have been documented in the United
States, Europe, Japan, Canada, and
Australia which have been linked to
specific chemical exposures. Evidence
is sufficient for the United States to
proceed on a two track strategy:
research on the basic science regarding
endocrine disruption and screening to
identify which chemicals are capable of
interacting with the endocrine system.
The combination of research and test
data developed by this program will
enable EPA to take action to reduce
chemical risks.
Timetable:
Action
Date
FR Cite
NPRM
07/00/04
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN 4728. Split from RIN 2070-AD26.
In August 2000, the Agency submited
the required Status Report to Congress.
In March 2002, the Agency submitted
the requested status report to Congress
on the Endocrine Disrupter Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
Agency Contact:
Jane Smith
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201M
Research Triangle Park, NC 27711
Phone: 919-380-4541
Fax: 202-564-8483
Email: smith.janet@epamail.epa.gov
Joe Nash
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405M
Washington, DC 20460
Phone: 202-564-8886
Fax: 202-564-4765
Email: nash.joseph@epa.gov
RIN: 2070-AD61
EPA
109. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
Priority:
Other Significant
Legal Authority:
42 USC 6924 "RCRA 3004"; 42 USC
6925 "RCRA 3005"; 42 USC 7412
"CAA 112"; 42 USC 7414 "CAA 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, March 31, 2004.
Final, Judicial, June 15, 2005.
Abstract:
On September 30, 1999, EPA
promulgated standards to control
emissions of hazardous air pollutants
from incinerators, cement kilns, and
lightweight aggregate kilns that burn
hazardous waste (referred to as the
phase I rule). A number of parties,
representing interests of both industry
and the environmental community,
sought judicial review of the rule. The
Court ruled against EPA and vacated
the phase I rule. On October 19, 2001,
EPA, together with all petitioners, filed
a joint motion asking the Court to stay
the issuance of its mandate to allow
them time to develop interim
standards. These stop-gap interim
standards were promulgated on
February 13 and 14, 2002. They replace
the vacated standards temporarily, until
revised replacement standards are
promulgated by June 15, 2005. This
rulemaking will propose and finalize
the Phase I replacement standards.
Also, in this rulemaking effort, we are
developing emission standards for
hazardous waste burning industrial,
institutional, commercial boilers,
process heaters, and hydrochloric acid
production furnaces. These sources are
referred to as phase II sources because
the standards were originally scheduled
to be promulgated after phase I source
standards were finalized; however, a
separate consent decree now requires
us to finish developing emission
standards for the phase II sources by
the same date as those for phase I (June
15, 2005). EPA is developing options
for calculating the emission standards
that are considered to be consistent
with both the statutory requirements
and the opinion of the Court. Potential
costs and benefits are not yet available,
because emission standards must be
selected before the cost/benefit analyses
begin. pi and phase II sources in
December of 2003.
Statement of Need:
Section 112 of the Clean Air Act
requires that the EPA promulgate
regulations requiring the control of
hazardous air pollutants from major
and certain area sources. The control
of hazardous air pollutants is achieved
through promulgation of emission
standards under sections 112(d) and (f)
and, in appropriate circumstances,
work practice standards under section
On September 30, 1999 EPA
promulgated standards to control
emissions of hazardous air pollutants
from incinerators, cement kilns, and
lightweight aggregate kilns that burn
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72567
hazardous waste (referred to as the
phase I rule). A number of parties,
representing interests of both industry
and the environmental community,
sought judicial review of the rule. The
Court ruled against EPA and vacated
the phase I rule.
Summary of Legal Basis:
On October 19, 2001, EPA, together
with all petitioners, filed a joint motion
asking the Court to stay the issuance
of its mandate to allow time to develop
interim standards. These stop-gap
interim standards were promulgated on
February 13 and 14, 2002. They replace
the vacated standards temporarily, until
revised replacement standards are
promulgated by June 14, 2005. EPA is
working towards promulgation by this
date. EPA is also developing emission
standards for hazardous waste burning
industrial, institutional, commercial
boilers, process heaters, and
hydrochloric acid production furnaces.
These sources are referred to as phase
II sources because the standards were
originally scheduled to be promulgated
after phase I source standards were
finalized; however, a separate consent
decree now requires us to finish
developing emission standards for the
phase II sources by the same date as
those for phase I (June 14, 2005).
Alternatives:
EPA is developing options for
calculating the emission standards that
are considered to be consistent with
both the statutory requirements and the
opinion of the Court.
Anticipated Cost and Benefits:
Potential costs and benefits are not yet
available, because emission standards
must be selected before the cost/benefit
analyses can be completed. EPA plans
to propose emission standards and
compliance provisions for both the
phase I and phase II sources in March
2004.
Risks:
For the 1999 rule, we estimated the
avoided incidence of mortality and
morbidity associated with reductions in
particulate matter (PM) emissions.
Estimates of cases of mortality and
morbidity avoided were made for
children and the elderly, as well as the
general population, using
concentration-response functions
derived from human epidemiological
studies. Morbidity effects included
respiratory and cardiovascular illnesses
requiring hospitalization, as well as
other illnesses not requiring
hospitalization, such as acute and
chronic bronchitis and acute upper and
lower respiratory symptoms. For this
rule, we are comparing characteristics
of the sources covered by the 1999 rule
to the sources covered by the
replacement rule that are related to
risk. These characteristics include
emissions, stack characteristics,
meteorology, and population. Based on
the results of the statistical
comparisons, we will infer whether the
risks will be about the same, less than,
or greater than the 1999 rule. Risk
inferences for boilers and HC1
production furnaces will be based on
comparisons with incinerators for the
1999 rule.
Timetable:
Action
NPRM-CK
Final — Fasttrack
Final— CK
NODA
DF 1
NPRM— Phasel
Parallel Proposal
Direct Final Action
Final Compliance
Extension
Interim Final Action
Final HAP
NPRM
Date
04/19/96
06/19/98
09/30/99
07/27/00
07/03/01
07/03/01
07/03/01
10/15/01
12/06/01
02/13/02
02/14/02
03/00/04
FR Cite
61 FR 17358
63 FR 33782
64 FR 52828
65 FR 39581
66 FR 35087
66 FR 35126
66 FR 35124
66 FR 52361
66 FR63313
67 FR 6792
67 FR 6968
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN 3333. For information on the
Phase I portion of this effort, see SAN
4418, RIN 2050-AE79.
Sectors Affected:
3335 -; 3343 Audio and Video
Equipment Manufacturing; 3251 Basic
Chemical Manufacturing; 3273 Cement
and Concrete Product Manufacturing;
3271 Clay Product and Refractory
Manufacturing; 3328 Coating,
Engraving, Heat Treating and Allied
Activities; 3342 Communications
Equipment Manufacturing; 3341
Computer and Peripheral Equipment
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 45431 Fuel Dealers; 3332
Industrial Machinery Manufacturing;
3274 Lime, Gypsum and Gypsum
Product Manufacturing; 3327 Machine
Shops, Turned Product, and Screw, Nut
and Bolt Manufacturing; 3362 Motor
Vehicle Body and Trailer
Manufacturing; 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 2123 Non-Metallic
Mineral Mining and Quarrying; 3259
Other Chemical Product Manufacturing;
3329 Other Fabricated Metal Product
Manufacturing; 3339 Other General
Purpose Machinery Manufacturing;
3279 Other Nonmetallic Mineral
Product Manufacturing; 3255 Paint,
Coating, Adhesive, and Sealant
Manufacturing; 3253 Pesticide,
Fertilizer and Other Agricultural
Chemical Manufacturing; 3241
Petroleum and Coal Products
Manufacturing; 4227 Petroleum and
Petroleum Products Wholesalers; 3254
Pharmaceutical and Medicine
Manufacturing; 3231 Printing and
Related Support Activities; 5629
Remediation and Other Waste
Management Services; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing; 3344 Semiconductor
and Other Electronic Component
Manufacturing; 22132 Sewage
Treatment Facilities; 5622 Waste
Treatment and Disposal
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@epamail.epa.gov
RIN: 2050-AE01
EPA
110. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority:
Economically Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates:
This action may affect State, local or
tribal governments and the private
sector.
Legal Authority:
42 USC 6907(a)(3); 42 USC 6944(a)
CFR Citation:
40 CFR 257
Legal Deadline:
None
-------
72568
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Abstract:
This action is for the development of
nonhazardous waste regulations under
subtitle D of the RCRA statute. The
regulations will apply to landfill and
surface impoundment facilities that
manage coal combustion wastes
generated by steam electric power
generators, i.e., electric utilities and
independent power producers. This
action results from EPA's regulatory
determination for fossil fuel
combustion wastes (see 65 FR 32214,
May 22, 2000), which concluded that
waste management regulations under
RCRA are appropriate for certain coal
combustion wastes. The utility industry
has made significant improvement in
its waste management practices over
recent years, and most state regulatory
programs are similarly improving.
However, public comment and other
analyses have convinced the Agency
that coal combustion wastes could pose
significant risks to human health and
the environment if they are not
properly managed. There is sufficient
evidence that adequate controls may
not be in place. For example, 62
percent of existing utility
impoundments do not have
groundwater monitoring; thus, their
impact on ground and surface waters
cannot be evaluated in light of
numerous damage cases identified by
the Agency that involve management of
these wastes. The intended benefits of
this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency is currently analyzing the
human health and ecological risks,
costs, and economic impact of this
action as it develops the proposed
regulation. The Agency has considered
alternatives to this action, including
regulating these wastes as hazardous
wastes under subtitle C of RCRA, but
has rejected this approach as discussed
in the regulatory determination (see 65
FR 32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and state and
local governments to focus on these
remaining waste management issues
but concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go undressed.
The Agency also believes the timeframe
for improvement of current practices is
likely to be longer in the absence of
federal regulation.
Statement of Need:
Public comment and other analyses
have convinced the Agency that coal
combustion wastes could pose
significant risks to human health and
the environment if they are not
properly managed. There is sufficient
evidence that adequate controls may
not be in place, including for ground
water monitoring, lining of waste
management units, and mismanagement
of the wastes in sand and gravel pits
and similar geologies. A significant
number of environmental damage cases
indicate that past management practices
were insufficient. The intended benefits
of this regulatory action will be to
prevent contamination or damage to
ground waters and surface waters, and
to prevent ecological risks.
Summary of Legal Basis:
The rules that are being developed
pursuant to RCRA subtitle D are not
mandated by statute or court order.
Rather, the Agency concluded from its
finding in the required RCRA section
3001 (b) determination that, while
RCRA subtitle C regulations for
hazardous wastes are not warranted,
RCRA nonhazardous waste regulations
are necessary. The nonhazardous waste
regulations will address gaps in
existing Federal and State requirements
for the management of these wastes in
order to protect human health and the
environment.
Alternatives:
The Agency has considered regulating
these wastes as hazardous wastes under
subtitle C of RCRA or a nonhazardous
wastes under subtitle D of RCRA. The
Agency also has considered issuing
guidance instead of regulations to
industry and state and local
government to focus on the key waste
management issues. However, the
Agency concluded that some gaps in
waste management practices would
likely continue and is concerned that
these gaps would continue to go
unaddressed. The Agency concluded
that non-hazardous waste regulations
under subtitle D of RCRA are most
appropriate.
Anticipated Cost and Benefits:
The costing, economics, and benefits
analyses are under study pending
results of the risk assessment. Costs
will include direct costs to the
generators of coal combustion wastes
for management according to the
regulation. Benefits will include
damage avoidance to ground water and
surface water resources, including
sources of drinking water that could
affect human health. No additional
information is available at this time.
Risks:
The Agency has a comprehensive risk
analysis underway to determine the
cross-media impacts of managing these
wastes, with a focus on impacts to
ground waters and surface waters and
their human health implications. The
risk analysis will also identify
ecological impacts of waste
management. While the risk analysis is
nearing completion, no quantitative
measures of risk are available yet, and,
thus, no information of risk magnitude
or risk reduction efforts is available at
this time.
Timetable:
Action Date FR Cite
NPRM
08/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
Undetermined
Additional Information:
SAN 4470. This rule may also impact
Federal, State, local or tribal
governments that own coal-burning
commercial electric power generating
facilities.
Sectors Affected:
221112 Fossil Fuel Electric Power
Generation
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@epamail.epa.gov
RIN: 2050-AE81
EPA
111. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Priority:
Other Significant
Unfunded Mandates:
Undetermined
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72569
Legal Authority:
Not Yet Determined
CFR Citation:
40 CFR 261
Legal Deadline:
None
Abstract:
Many metal finishers and other
industrial sectors generate an
electroplating sludge as part of their
production process that is amenable to
recycling, i.e., the sludge contains
economically recoverable amounts of
metals such as copper, nickel, zinc, etc.
Currently, these sludges (F006) are
listed hazardous wastes subject to
RCRA regulations. Many generators
continue to send these sludges for
treatment and disposal when they
could be recycled. Similarly, generators
currently sending their sludges for
recycling receive no economic benefit
for this practice. Since the mid-1990's,
EPA has been working with industry
and the States to create incentives for
safe recycling and has promulgated
rules to foster this practice. However,
EPA is interested in exploring whether
further regulatory changes are
warranted.
EPA is currently evaluating several
options that would provide regulatory
relief to generators and handlers of
F006. All options would reduce
regulatory costs to generators and
handlers relative to the current RCRA
subtitle C regulatory program.
Statement of Need:
F006 represents one of the largest
hazardous waste streams amenable to
recycling. Currently, there is no
differentiation in regulatory
requirements the land disposal and
recycling of F006 electroplating
sludges. This effort seeks to evaluate
different regulatory options that would
eliminate existing disincentives to the
safe recycling of F006 with the ultimate
objective of possibly proposing changes
to the existing regulatory framework.
Potential benefits to be achieved
include increasing the economic
competitiveness of small businesses,
increasing the waste minimization and
recycling of F006, increased natural
resource conservation by reducing
emissions from landfills and surface
waters.
Summary of Legal Basis:
RCRA sections 2002, 3001-3004, 42
U.S.C. 6912, 6921 to 6924. No aspect
of this action is required by statutory
or court order.
Alternatives:
Regulatory options being examined
would affect generators and possibly
other handlers of F006, i.e.,
consolidators, commercial hazardous
waste recyclers and mineral processing
facilities. EPA is also considering
various options for the minimum
amount of recoverable metals contained
in F006 electroplating sludges.
Anticipated Cost and Benefits:
This rule is designed to provide
regulatory relief to generators and
possibly other handlers of F006.
Potential benefits to be achieved
include increasing the economic
competitiveness of small businesses,
increasing the waste minimization and
recycling of F006 and increasing
natural resource conservation by
reducing emissions from landfills and
surface waters.
Risks:
Options being evaluated would ensure
that the risks posed from recycling
F006 would not increase. These risks
include storage and management of the
materials throughout the recycling
process, as well as any nonrecyclable
constituents included in the F006.
Timetable:
Action
Date
FR Cite
NPRM
08/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Undetermined
Federalism:
Undetermined
Additional Information:
SAN 4651.
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
Jim Michael
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.jim@epa.gov
RIN: 2050-AE97
EPA
112. STANDARDS AND PRACTICES
FOR CONDUCTING "ALL
APPROPRIATE INQUIRY"
Priority:
Other Significant
Legal Authority:
42 USC 9601 et seq
CFR Citation:
40 CFR 312
Legal Deadline:
Final, Statutory, January 11, 2004,
Final.
Abstract:
The Small Business Liability Relief and
Brownfields Revitalization Act (the
Brownfields Law) amended a number
of provisions in CERCLA including
section 101(35)(B) and includes, among
other things, new provisions regarding
limitations on CERCLA liability for
certain landowners. As part of these
provisions, the Brownfields Law
addresses the need for bona fide
prospective purchasers, contiguous
property owners, and innocent
landowners to conduct "all appropriate
inquiry" into prior ownership and use
of the property at the time the party
acquires the property.
In the Brownfields Law, Congress
directed EPA to promulgate regulations
establishing standards and practices for
conducting "all appropriate inquiry."
Section 101 (35)(B)(iii) of the law
includes criteria that EPA is required
to address in setting these standards
and practices. This regulation will
establish the Federal standards for
conducting "all appropriate inquiry,"
pursuant to the Act. Recipients of
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72570 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Brownfields Assessment Grants will be
regulated by the final action.
Purchasers of contaminated properties
who wish to assert certain limitations
on CERCLA liability may choose to
follow the promulgated procedures and
standards.
EPA is developing the Federal standard
for all appropriate inquiry under a
negotiated rulemaking process. EPA
established a FACA committee charged
with negotiating a Federal standard in
accordance with the statutory criteria.
Statement of Need:
The need for this action is the
congressional mandate in the Small
Business Liability Relief and
Brownfields Revitalization Act. Section
101(35)(B)(ii) of the law, Congress
directs the EPA Administrator to
establish (by regulation) standards and
practices for the purpose of satisfying
the requirement to carry out all
appropriate inquiries. Congressional
intent or "need" is that purchasers of
potentially contaminated property must
conduct an inquiry or investigation into
the environmental conditions of a
property prior to purchasing the
property to ensure an understanding of
the extent of prior and ongoing
environment conditions to establish
liability.
Summary of Legal Basis:
In Section 101(35)(B)(ii) of the Small
Business Liability Relief and
Brownfields Revitalization Act
Congress directs the EPA Administrator
to establish (by regulation) standards
and practices for the purpose of
satisfying the requirement to carry out
all appropriate inquiries.
Alternatives:
EPA may consider alternative standards
for specific portions of the regulatory
requirements, if viable and suitable
alternatives are identified by the FACA
committee chartered to negotiate the
rulemakings. No such alternatives have
been identified to date.
Anticipated Cost and Benefits:
Costs associated with the new Federal
standard may include incremental
costs, associated with using the new
Federal standard, that are over and
above the costs associated with the
privately developed standards currently
employed in conducting all appropriate
inquiry for the purposes of real estate
transaction. This rulemaking will not
impose new mandatory requirements
on any entities, other than recipients
of Federal brownfields grants provided
for the purpose of assessing or
characterizing brownfields sites. Other
than these grant recipients, the
standards will be applicable to
purchasers of contaminated properties
who wish to assert certain limitations
on CERCLA liability. The benefits of
the regulation may include providing
purchasers of contaminated property
with clarity regarding the procedures
and standards for the conduct of "all
appropriate inquiry" required to assert
certain limitations on CERCLA liability.
Risks:
This regulatory action will not directly
address risks to human health or the
environment.
Timetable:
Action
Date
FR Cite
NPRM
05/00/04
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN 4739. State, local and Tribal
governments affected if they are grant
recipients.
Agency Contact:
Patricia Overmeyer
Environmental Protection Agency
Solid Waste and Emergency Response
5105T
Washington, DC 20460
Phone: 202-566-2774
Fax: 202-566-2757
Email:
overmeyer.patricia@epamail.epa.gov
Helen Keplinger
Environmental Protection Agency
Solid Waste and Emergency Response
2272A
Washington, DC 20460
Phone: 202-564-4221
Fax: 202 229-3954
Email: keplinger.helen@epamail.epa.gov
RIN: 2050-AF04
EPA
113. • REGULATORY AMENDMENTS
TO THE F019 HAZARDOUS WASTE
LISTING TO EXCLUDE THE
WASTEWATER TREATMENT
SLUDGES FROM THE CHEMICAL
CONVERSION COATING PROCESS
(ZINC PHOSPHATING) OF
AUTOMOBILE BODIES OF ALUMINUM
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 1006 et seq
CFR Citation:
40 CFR 261.31; 40 CFR 302.4
Legal Deadline:
None
Abstract:
Automobile manufacturers are adding
aluminum or aluminized components
to automobiles to reduce the weight of
vehicles to increase fuel economy.
When aluminum components are added
to the automobile assembly process, the
current federal regulations require that
the wastewater treatment sludges
generated from this conversion coating
process be managed as a hazardous
waste under the Resource Conservation
and Recovery Act. EPA intends to
reduce burden on the regulated
community by revising the current
RCRA regulations that apply to the
wastewater treatment sludges from the
chemical conversion coating (zinc
phosphating) of aluminum.
Statement of Need:
This action when finalized will reduce
the burden on the automobile industry
from treating sludges from the process
of zinc phosphating of aluminum as
hazardous wastes. The applicable listed
hazardous waste (F019) was listed as
such because it contains cyanide and
chromium. The sludges from the zinc
phosphating of aluminum do not
contain any of these constituents.
Timetable:
Action
Date FR Cite
NPRM
08/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72571
Government Levels Affected:
Undetermined
Additional Information:
SAN 4834.
Agency Contact:
James Michael
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703-308-8610
Fax: 703 308-0514
Email: michael.james@epamail.epa.gov
Gail Cooper
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8419
Fax: 703 308-0514
Email: cooper.gailann@epa.gov
RIN: 2050-AG15
EPA
114. WATERSHED RULE: TOTAL
MAXIMUM DAILY LOAD (TMDL)
PROGRAM REVISIONS
Priority:
Other Significant
Legal Authority:
33 USC 1313; 33 USC 1329; 33 USC
1342; 33 USC 1256
CFR Citation:
40 CFR 9; 40 CFR 122; 40 CFR 124;
40 CFR 130
Legal Deadline:
None
Abstract:
Amend regulations governing the
TMDL program to ensure that it is
effective, allows for active participation
by all stakeholders including local
governments and communities. The
amendments will address: the scope
and content of the list of impaired
waters required by section 303(d) of the
Clean Water Act, the scope and content
of TMDLs, EPA's role in helping States
establish 303(d) lists and TMDLs so
that impaired waters are restored, and
the framework for implementing
TMDLs provided by State CPPs and
watershed plans. EPA is also proposing
revision to the NPDES permitting
regulations.
Statement of Need:
This action will propose a new
framework for accomplishing the water
quality planning and management
provisions of the Clean Water Act
(CWA). EPA believes that this
framework based on the watershed
approach will allow jurisdictions, i.e.,
States, territories and authorized tribes,
to use the Total Maximum Daily Load
(TMDL) program to more effectively
contribute to improving the Nation's
water quality. The proposal recognizes
that the major responsibility for water
quality management resides with these
jurisdictions. The goal of the proposal
is to provide jurisdictions with a
tailored yet flexible approach to water
quality management that meets the
unique needs and situation of each
jurisdiction and of local communities
while at the same time ensuring that
progress is made towards restoring the
Nation's waters so that they attain and
maintain water quality standards. The
proposal revitalizes and strengthens the
Continuing Planning Process (CPP) as
a focus for a variety of jurisdiction's
water quality planning and
implementation activities. The proposal
seeks to increase TMDL program
flexibility and enhance stakeholder
participation, promote opportunities for
trading, and increase efficiencies in
establishing, approving, and
implementing TMDLs. EPA is also
proposing revisions to the NPDES
permit regulations.
Summary of Legal Basis:
These revisions to EPA's TMDL rules
are authorized by, among others,
section 303(d) and (e) of the CWA that:
(1) Require States to identify impaired
waters within their boundaries and
establish TMDLs for those waters at
levels necessary to implement water
quality standards, and (2) require States
to have a continuing planning process
resulting in a plan for all navigable
waters that EPA reviews from time to
time.
Anticipated Cost and Benefits:
Estimates under development.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/03
10/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Tribal
Additional Information:
SAN 4623.
Agency Contact:
Christine Ruf
Environmental Protection Agency
Water
4503T
Washington, DC 20460
Phone: 202-566-1220
Fax: 202-260-2300
Email: ruf.christine@epamail.epa.gov
Francois Brasier
Environmental Protection Agency
Water
4503T
Washington, DC 20460
Phone: 202 566-1214
Fax: 202 566-1333
Email: brasier.francoise@epa.gov
RIN: 2040-AD82
EPA
FINAL RULE STAGE
115. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
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(d)
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Final, Judicial, February 27, 2004.
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
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72572 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
with, but are not limited to, the drying
of wood and binders. 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
hardboard, oriented strandboard (OSB),
medium density fiberboard (MDF),
particleboard, 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. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Statement of Need:
Plywood and composite wood products
is a source category listed to be
regulated under section 112 of the
Clean Air Act.
Summary of Legal Basis:
Clean Air Act section 112.
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally-given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
In section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. In
addition, an Economic Impact Analysis
and Regulatory Impact Analysis have
been prepared.
Risks:
In section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/09/03 68 FR 1276
02/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
None
Additional Information:
SAN 3820.
Sectors Affected:
32121 Veneer, Plywood, and
Engineered Wood Product
Manufacturing
Agency Contact:
Mary Kissell
Environmental Protection Agency
Air and Radiation
C439-03
Research Triangle Park, NC 27711
Phone-. 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent Hustvedt
Environmental Protection Agency
Air and Radiation
C439-03
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AG52
EPA
116. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
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 CAA 112; PL 101-549
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Final, Judicial, February 27, 2004.
Abstract:
The stationary reciprocating internal
combustion engine 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. The reciprocating internal
combustion engine (RICE) MACT was
published in the Federal Register on
December 19, 2002. A public hearing
was held on January 21, 2003 and the
public comment period closed on
February 18, 2003. Comments and data
received during the comment period
are being evaluated. The anticipated
date of the final RICE rule being signed
by the Administrator is February 27,
2004.
Statement of Need:
Reciprocating internal combustion
engines is a source category listed to
be regulated under section 112 of the
Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act.
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
In section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate cost/benefit
analyses are not conducted for
individual rulemakings within the
MACT program. Total annualized cost
for rule is $248 million, average
cost/facility $62,000 for 4600 existing
sources and 20,000 new sources.
Risks:
In section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/19/02 67 FR 77830
02/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Local, State
Additional Information:
SAN 3656.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72573
Agency Contact:
Sims Roy
Environmental Protection Agency
Air and Radiation
C439-01
Research Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epamail.epa.gov
Robert Wayland
Environmental Protection Agency
Air and Radiation
C-439-01
Research Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG63
EPA
117. NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
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.
Final, Judicial, February 27, 2004.
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). Industrial boilers,
institutional/commercial boilers and
process heaters 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 (MACTJ as
described in section 112 of the CAA.
Statement of Need:
Industrial boilers,
institutional/commercial boilers, and
process heaters are source categories
listed to be regulated under section 112
of the Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act.
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
Implementation of the rulemaking
would reduce nationwide emissions of
air toxics by 58,000 tons per year in
the fifth year. Mercury emissions would
be reduced by almost 2 tons per year.
Those reductions would lower ambient
air concentrations and levels of
exposure. In addition to HAP emissions
reductions, reductions in criteria
pollutant emissions (i.e., particulate
matter, sulfur dioxide) would also be
realized. The total nationwide capital
costs for the rulemaking as proposed
is about $1.7 billion, with an
annualized cost of $840 million.
Risks:
In section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. The
risks from this industry are those
normally associated with combustion,
such as exposure to particulate matter
and sulfur oxides.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/13/03 68 FR 1660
02/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Local
Additional Information:
SAN 3837.
Agency Contact:
James Eddinger
Environmental Protection Agency
Air and Radiation
C439-01
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
C439-01
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AG69
EPA
118. NESHAP: SURFACE COATING OF
AUTOMOBILES AND LIGHT-DUTY
TRUCKS
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7412
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Judicial, February 27, 2004.
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). The surface coating
of new automobiles and light-duty
trucks is among the 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 this source
categorie in 1980. The standards for the
NESHAP are to be technology-based are
are to require the maximum achievable
control technology as described in
section 112 of the CAA.
Statement of Need:
Surface coating of automobiles and
light-duty trucks is a source category
listed to be regulated under section 112
of the CAA.
Summary of Legal Basis:
Section 112 of the Clean Air Act
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Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
The estimated total annual costs,
including costs for recordkeeping and
reporting, to the affected industry of the
rule is $150 million. The rule is
projected to reduce emissions of
hazardous air pollutants by 6,000 tons
per year. A regulatory impact analysis
will accompany the proposed rule.
Risks:
In section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide. The
risks from this industry are those
normally associated with surface
coating operations, such as exposure to
coating solvents which are hazardous
air pollutants.
Timetable:
Action
NPRM
Final Action
Date FR Cite
12/24/02 67 FR 78612
02/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Local, State
Additional Information:
SAN 3907.
Sectors Affected:
33611 Automobile and Light Duty
Motor Vehicle Manufacturing; 336112
Light Truck and Utility Vehicle
Manufacturing; 336211 Motor Vehicle
Body Manufacturing
Agency Contact:
Dave Salman
Environmental Protection Agency
Air and Radiation
C539-03
Research Triangle Park, NC 27711
Phone: 919-541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Dianne Byrne
Environmental Protection Agency
Air and Radiation
C539-03
Research Triangle Park, NC 27711
Phone; 919-541-5342
Fax: 919 541-5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AG99
EPA
119. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS
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 7408; 42 USC 7410; 42 USC
7501 to 751 If; 42 USC 7601(a)(l)
CFR Citation:
40 CFR 51; 40 CFR 50; 40 CFR 81
Legal Deadline:
None
Abstract:
This rule would provide specific
requirements for State and local air
pollution control agencies and tribes to
prepare State implementation plans
(SIPs) and Tribal Implementation Plans
(TIPs) under the 8-hour national
ambient air quality standard (NAAQS)
for ozone, published by EPA on July
18, 1997. The Clean Air Act (CAA)
requires EPA to set ambient air quality
standards and requires States to submit
SIPs to implement those standards. The
1997 standards were challenged in
court, but in February 2001, the
Supreme Court determined that EPA
has authority to implement a revised
ozone standard, but ruled that EPA
must reconsider its implementation
plan for moving from the 1-hour
standard to the revised standard. The
Supreme Court identified conflicts
between different parts of the CAA
related to implementation of a revised
NAAQS, provided some direction to
EPA for resolving the conflicts, and left
it to EPA to develop a reasonable
approach for implementation. Thus,
this rulemaking must address the
requirements of the CAA and the
Supreme Court's ruling. This rule
would provide detailed provisions to
address the CAA requirements for SIPs
and TIPs and would thus affect States
and Tribes. States with areas that are
not attaining the 8-hour ozone NAAQS
will have to develop—as part of their
SIPs—emission limits and other
requirements to attain the NAAQS
within the timeframes set forth in the
CAA. Tribal lands that are not attaining
the 8-hour ozone standard may be
affected, and could voluntarily submit
a TIP, but would not be required to
submit a TIP. In cases where a TIP is
not submitted, EPA would have the
responsibility for planning in those
areas.
Statement of Need:
This action is needed in response to
the U.S. Supreme Court's ruling in
February 2001 (Whitman v. American
Trucking Assoc., 121 S.Ct.903) that
stated that EPA has the authority to
implement a revised ozone NAAQS but
that EPA could not ignore the
provisions of subpart 2 when
implementing the 8-hour NAAQS. The
Supreme Court identified several
portions of subpart 2 that are ill-fitted
to the revised NAAQS but left it to EPA
to develop a reasonable implementation
approach. Consequently, EPA is
developing a rule to implement the 8-
hour ozone NAAQS under the
provisions of subpart 2 of the CAA.
Summary of Legal Basis:
Title I of the Clean Air Act.
Alternatives:
This entry comprises the action the
Agency plans to take to implement the
8-hour ozone NAAQS. The major
alternatives facing the Agency is
whether the 8-hour O3 NAAQS should
be implemented under the less
prescriptive part of the Clean Air Act
(title I, part D, subpart 1) or the more
prescriptive part of the Act (subpart 2).
Another major set of alternatives
concern the kind of transition EPA
should make from implementation of
the current 1-hour ozone standard to
the new 8-hour ozone standard.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis for the final ozone NAAQS,
and has prepared a cost analysis for
the proposed implementation rule. The
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72575
benefits of the rule are those associated
with attainment of the ozone NAAQS
including significant improvements in
premature mortality, chronic asthma,
chronic and acute bronchitis, upper
and lower respiratory symptoms, work
days lost, decreased worker
productivity, visibility in urban and
suburban areas, and increases in yields
of commercial forests currently exposed
to elevated ozone levels.
Risks:
The risks addressed by this action are
the likelihood of experiencing
increased health and environmental
effects associated with nonattainment
of the National Ambient Air Quality
Standard for ozone. These effects are
briefly described above in the "costs
and benefits" section, and they were
outlined in detail in the Regulatory
Impact Analysis for the ozone NAAQS
rulemaking. The results are
summarized in the Federal Register
notice for that rulemaking (62 FR
38856, luly 18, 1997).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/02/03 68 FR 32802
12/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Local, State, Tribal
Additional Information:
SAN 4625.
Agency Contact:
lohn Silvas
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919-541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
Denise Gerth
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919-541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
RIN: 2060-AJ99
EPA
120. CONTROL OF EMISSIONS OF AIR
POLLUTION FROM NONROAD DIESEL
ENGINES AND FUEL
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
15 USC 2002
CFR Citation:
40 CFR 89
Legal Deadline:
None
Abstract:
On May 23, 2003, EPA proposed new
emission controls for nonroad diesel
engines, which are generally used in
industrial, mining, and agricultural
applications. The control strategies
proposed focused around the use of
advanced exhaust aftertreatment
technologies for the first time in these
applications. This technology reduces
emissions of NOx, NMHC, and PM of
over 90 percent. The standards would
phase-in between 2008 and 2014, with
different implementation schedules
applicable to each of the five engine
horsepower categories. Less stringent
standards would apply to the smallest
horsepower category. Coupled with
these proposed engine standards is a
two-step reduction in fuel sulfur levels,
going from uncontrolled levels to 500
ppm in 2007 and then to 15 ppm in
2010. All nonroad diesel fuel, including
that used in locomotive and marine
applications, is covered in the first step
while locomotive and marine fuel is
not involved in the second step. This
overall program builds on the
successful 2007 highway diesel
program the Agency completed in 2000.
Statement of Need:
Ozone and particulate pollution pose a
serious threat to the health and well-
being of millions of Americans and a
large burden to the U.S. economy. This
rulemaking will address additional
national control measures to reduce
emissions, including emissions of
nitrogen oxides, hydrocarbons and
particulate matter, from nonroad heavy-
duty diesel engines, and will also
require reduced sulfur levels in
nonroad diesel fuel, in order to protect
the public health and welfare.
Summary of Legal Basis:
CAA title II part A sections 213 and
217.
Alternatives:
Eleven separate alternatives were
analyzed as part of the proposal.
Estimated cost impacts and benefits
were estimated where possible. The
alternatives looked at varying
implementation dates or control
strategies of both the fuel and engine
standards. In addition, controlling
sulfur levels to 15 ppm in 2010 for
locomotive and marine diesel fuel was
also analyzed.
Anticipated Cost and Benefits:
The total cost (engine and fuel
standards) estimate of the proposed
requirements was approximately $1.5
billion per year. In 2030, when the full
effects of the rule would be in place,
the quantifiable benefits would be
approximately $81 billion per year.
This estimate includes the impacts of
reducing 9,600 cases of premature
mortality, almost a million work lost
days, and improvements to recreational
visibility.
Risks:
The risks addressed by this program are
primarily those associated with
nonattainment of the National Ambient
Air Quality Standards for ozone and
particulate matter. There are also
serious public health and
environmental problems associated
with toxic air pollution, acid rain,
reduced visibility, and nitrogen loading
of estuaries.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/23/03 68 FR 28327
04/00/04
Regulatory Flexibility Analysis
Required:
Yes
Government Levels Affected:
Federal, Local, State
Additional Information:
SAN 4675.
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72576
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Agency Contact:
Cleophas Jackson
Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, MI 48105
Phone: 734-214-4824
Fax: 734 214-4816
Email: jackson.cleoph.as@epamail.epa.gov
William Charmley
Environmental Protection Agency
Air and Radiation
ASD
Washington, DC 20460
Phone: 734-214-4466
Fax: 734 214-4050
Email: charmley.william@epamail.epa.gov
RIN: 2060-AK27
EPA
121. HAZARDOUS WASTE MANIFEST
REGULATION
Priority:
Other Significant
Legal Authority:
42 USC 6922 RCRA 3002; 42 USC 6923
RCRA 3003; 42 USC 6924 RCRA 3004;
42 USC 6926 RCRA 3006; PL 105-277;
Government Paperwork Elimination Act
17
CFR Citation:
40 CFR 260; 40 CFR 262; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 271
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. Waste handlers (e.g.,
generators and transporters) are
required to use the manifest, and States
may not require a different manifest in
its place. However, the manifest has
State blocks which allow States, at their
option, to require the entry of
additional specific information to serve
their State's regulatory needs. Under
the current regulations more than 20
States print the manifest form in
accordance with the format specified in
federal regulations. However, the
variability among State manifest
programs associated with state optional
blocks, different copy distribution
schemes, and the manifest hierarchical
acquisition scheme has drawn
complaints from the regulated
community. Variability among States'
Manifest programs and the manifest
system's current reliance on paper
result in significant paperwork and cost
burden to waste handlers and States
who choose to collect manifest
information. The Agency intends to
standardize further the manifest form
elements, and to specify one format for
the manifests that may be used in all
states. In addition, the Agency intends
to announce standard requirements for
tracking rejected wastes, container
residues, and international shipments
of hazardous wastes. Finally, the
Agency intends to pursue an optional
approach that would use information
technologies to conduct the manifest
process electronically, thereby reducing
paperwork burden, and improving the
speed and accuracy of preparing,
transmitting, and recordkeeping the
manifest form. However, the Agency
will bifurcate the manifest rule so that
the form revisions may be expedited,
while additional analysis on the e-
manifest continues.
Statement of Need:
Since the adoption of the Uniform
Manifest by EPA and the Department
of Transportation (DOT) in 1984, the
regulated community and authorized
states have pressed EPA to adopt
changes that would simplify and
further reduce the variability among the
hazardous waste manifest forms
required and distributed by the states.
In addition, the recent focus on
electronic government has highlighted
the potential advantages of an
electronic manifest system in terms of
reduced paperwork burdens and more
timely waste tracking. This action
responds to these needs with a truly
universal set of manifest data elements
and a manifest format that will be
identical in all states, as well as
standards that will allow the manifest
data to be completed, signed,
transmitted, and recorded
electronically.
Summary of Legal Basis:
EPA's regulations implementing the
manifest are based on section 3002(a)(5)
of the RCRA statute, which requires
that EPA include in its hazardous waste
generator regulations requirements
addressing the "use of a manifest
system and ony other reasonable means
necessary" to assure that all such
hazardous waste is designated for and
designated for and arrives at treatment,
storage, or disposal facilities that have
been permitted under RCRA subtitle C
requirements. Secion 3003(a)(3) of the
Act requires transporters of hazardous
waste to comply with the manifest
system, while section 3004(a)(2)
requires compliance with the manifest
system by treatment, storage, and
disposal facilities. Moreover, according
to section 1004(12) of the Act, the
manifest is defined as the "form used
for identifying the quantity,
composition, and the origin, routing,
and destination of hazardous waste
during its transportation from the point
of generation to the point of disposal,
treatment, or storage." The manifest
also serves as teh "shipping paper"
meeting DOT requirements for the
transportation of hazardous materials
under the Federal Hazardous Materials
laws and regulations.
EPA's current manifest regulations
require generators to obtain manifest
froms from the authorized States. The
generator must complete the paper form
by identifying the type and quantity of
hazardous waste in off-site shipments,
as well as the identities of the
transporters and waste receiving
facilities that will manage the waste.
The regulations require waste handlers
to sign the manifest form by hand when
they receive a waste shipment, and to
retain copies of the signed manifests
that document the chain of custody of
a shipment, and any discrepancies.
EPA and DOT have authority to
eliminate variability among state
manifests, since DOT's hazardous
materials laws generally call for
uniformity in the use of hazardous
materials shipping papers such as the
manifest, and EPA must regulate
transportation consistently with DOT.
EPA and DOT consented in 1984 to the
inclusion of several "optional" data
fields, but our experience with the
manifest system has demonstrated that
the inclusion of optional fields
introduces excessive variability and
burden for waste handlers. EPA also
has authority to automate the waste
tracking functions of the manifest, since
the Act states that EPA can employ any
reasonable means necessary to track
waste shipments under a manifest
system. There is nothing in the statute
that precludes EPA from establishing
standards allowing electronic
manifesting of shipments, as well as
use of the traditional paper forms.
Alternatives:
The form revisions part of the
rulemaking examines alternatives to the
current system that allows authorized
states to print and distribute slightly
varying manifest forms (typically for a
fee) to waste handlers generating or
shipping waste in a particular state.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72577
This rule would establish a precise
Federal specification for the manifest
that would preclude variability in
manifest forms, wherever they are used.
This option was proposed in May 2001,
and was supported by the great
preponderance of commenters who
submitted written comments to the
docket.
The rule also examines alternative
electronic formats for completing
electronic manifests, and alternative
methods for signing manifests
electronically. Moreover, EPA has been
examining in response to comments
whether electronic manifest systems
should be developed in a decentralized
fashion by private companies in
adherence with standards announced
by EPA (the proposed approach), or,
developed and hosted centrally in a
national system. We expect that
additional stakeholder outreach will be
necessary to determine the appropriate
design and functionality of the e-
manifest approach for the final rule.
Therefore, the e-manifest part of the
rulemaking has been separated from the
form revisions part of the rule, so that
final action on the form revisions will
not be delayed by future outreach and
analysis conducted in connection with
the e-manifest.
Anticipated Cost and Benefits:
The baseline manifest system results in
annual paperwork burdens of 4.6
million hours and annual costs of about
$193 million. In developing the May
2001, proposed rule, EPA estimated
that the proposed revisions to the
hazardous waste manifest system (form
changes and electronic manifest) would
reduce the paperwork burdens
impoosed by the manifest by 765,000
to 1.24 million hours annually, and
would reduce annual costs by $24-$37
million. The rule should also eliminate
much of the complexity that arises from
having to obtain and comply with
states' slightly varying manifest forms,
and the burden and complexity of
having to supply information to satisfy
the current so-called "optional" state
fields. The ability to complete and
transmit manifest data electronically
should improve the accuracy of
manifest data, and the timeliness and
effectiveness of waste shipment
tracking.
Risks:
This rule addresses only administrative
requirements for tracking waste
shipments. The rule does not address
risks posed by particular substances or
waste management activities, and no
risk assessments have been prepared to
support this action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/22/01 66 FR 28240
12/00/03
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN 3147. Because of significant issues
identified during the public comment
period on the electronic manifest part
of the rule, this part of the rule has
been separated from the form revisions
part of the rule for purposes of
publishing a final action. The form
revisions part of the rule will be
finalized first, while final action on the
electronic manifest must await further
stakeholder outreach and analysis.
Sectors Affected:
325 Chemical Manufacturing; 2211
Electric Power Generation,
Transmission and Distribution; 332
Fabricated Metal Product
Manufacturing; 2122 Metal Ore Mining;
2111 Oil and Gas Extraction; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal;
483 Water Transportation
Agency Contact:
Rich Lashier
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703-308-8796
Fax: 703 308-0522
Email: lashier.rich@epamail.epa.gov
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@epamail.epa.gov
RIN: 2050-AE21
EPA
122. MANAGEMENT OF CEMENT KILN
DUST (CKD)
Priority:
Other Significant
Legal Authority:
42 USC 6912(a) RCRA 2002(a); 42 USC
6921(a) RCRA 3001(a)
CFR Citation:
40 CFR 256; 40 CFR 259; 40 CFR 261;
40 CFR 264
Legal Deadline:
None
Abstract:
In December 1993, EPA submitted a
report to Congress with its findings on
the nature and management practices
associated with cement kiln dust
(CKD). In 1995, EPA determined that
some additional control of CKD was
needed and published a regulatory
determination (60 FR 7366, 2/7/95). On
August 20, 1999, EPA issued a
proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA Subtitle D. On July
25, 2002, the Agency published a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD.
The Agency is now considering an
approach whereby it would finalize the
proposed option of issuing the
protective CKD management standards
as described in the August 20, 1999
proposal as a RCRA subtitle D rule. The
Agency would temporarily suspend its
active consideration of the proposed
listing of mismanaged CKD as a
hazardous waste, and assess how CKD
management practices and state
regulatory programs evolve over the
next three to five years. Based on this
assessment, EPA will then proceed to
either formally withdraw or promulgate
the portion of the 1999 proposal that
classifies as a RCRA hazardous waste
CKD that has been egregiously
mismanaged.
EPA will be promoting pollution
prevention, recycling, and safer
disposal of CKD by considering
finalization of protective management
standards for this waste. The Agency
believes that these management
standards are a creative, affordable, and
common sense approach that can
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72578 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
protect human health and the
environment without imposing
unnecessary regulatory burdens on the
cement kiln industry. These standards
provide a new, tailored framework that
safeguards ground water and limits risk
from releases of dust to air.
Statement of Need:
EPA issued a regulatory determination
finding that additional control of CKD
was warranted. The Agency stated that
its concerns about the potential harm
to human health and the environment
posed by some CKD suggest the need
for some level of regulation under
RCRA subtitle C authority. The Agency
is now considering an approach
whereby it would finalize protective
CKD management standards. Active
consideration of the proposed
mismanagement-based listing would be
temporarily suspended for a period of
three to five years. During this time
EPA would collect data to evaluate the
effectiveness of CKD management
practices and States' regulatory
programs. If after its evaluation the
Agency deems CKD management
practices and States' regulatory
programs to be effective in protecting
human health and the environment, the
Agency would formally withdraw the
subtitle C portion of the 1999 proposal
and would revisit the 1995 CKD
regulatory determination. Otherwise, if
the Agency deems CKD management
practices and State regulatory programs
to be ineffective after this period, the
Agency would pursue regulation of
mismanaged CKD under RCRA subtitle
C.
Summary of Legal Basis:
There are no applicable statutory or
judicial deadlines for the CKD
rulemaking effort. However, section
3001(b)(3)(C) of RCRA contemplates a
rule in light of the Administrator's 1995
determination that further regulation of
CKD was warranted.
Alternatives:
In the 1995 Regulatory Determination,
the Agency stated its concerns about
the potential harm to human health and
the environment posed by some CKD
suggest the need for some level of
regulation under RCRA subtitle
authority. Although the Agency is
considering issuing the protective CKD
management standards as a RCRA
subtitle D rule, if after a three to five
year evaluation period the Agency
deems CKD management practices and
State regulatory programs to be
ineffective, the Agency would pursue
regulation of mismanagement CKD
under RCRA subtitle C.
Anticipated Cost and Benefits:
The Agency estimated the proposed
rule would effect the economy by less
than $100 million per year. EPA also
estimated that the proposed rule may
result in a reduced risk of ).0004 to
0.003 cancer cases per year (best
estimate—0.0006) and 29 to 315 fewer
persons (best estimate—43) exposed to
potential noncancer health effects due
to food chain exposures (i.e.,
vegetables, beef, and/or milk) to
"backyard" gardeners and subsistence
farmers. In addition, the population
analysis indicated that between 669—
5,895 recreational fishers (best
estimate—999) would avoid exposure
to contaminant levels that may result
in noncancer health effects. The
population analysis indicated that 18 to
4,118 individuals (best estimate 2,378)
would avoid exposure to particulate
matter in excess of the National
Ambient Air Quality Standards
(NAAQS). The rule should also help
prevent contaminated CKD leachate
from impacting groundwater resources.
Risks:
For the 1993 Report to Congress and
1995 Regulatory Determination, the
Agency modeled individual risks from
direct and indirect pathways for 83
plants. The Agency concluded that the
risks from direct pathways (i.e.,
drinking water ingestion, incidental
ingestion, and chemical inhalation)
were low or negligible. The Agency
caveated these conclusions by noting
that: (1) About half of the plants are
underlain by limestone formations in
areas of karst landscape and may be
susceptible to fissures and hydraulic
characteristics that allow leachate to
directly enter groundwater without
dilution or attenuation and cannot be
modeled with current techniques; (2)
empirical evidence indicated
groundwater contamination in areas of
both karst and non-karst terrain; and
(3) modeling results for fine particulate
emissions for 28 cement plants out of
52 modeled may have exceedances of
NAAQS at plant boundaries and may
result in risks from fine particulate
.inhalation at nearby residences.
For the indirect pathways, the Agency
concluded that releases from about 12
percent of the 83 plants studied may
result in cancer risks greater than
1x10-5 for highly exposed individuals
(i.e., subsistence fishers and subsistence
farmers). Similarly, the Agency
concluded that releases from about 12
percent of the 83 plants may result in
noncancer hazard ratios greater than 1.0
for highly exposed individuals.
Timetable:
Action
Notice 1
NPRM
Notice 2
Notice 3
Final Action
Date FR Cite
02/07/95 60 FR 7366
08/20/99 64 FR 45632
07/25/02 67 FR 48648
11/08/02 67 FR 68 130
09/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN 3856.
Sectors Affected:
32731 Cement Manufacturing
Agency Contact:
Anthony Carrell
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703 308-0458
Fax: 703 308-8686
Email: carrell.anthony@epamail.epa.gov
Steve Souders
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703-308-8431
Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE34
EPA
123. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority:
Other Significant
Legal Authority:
42 USC 6905; 42 USC 6912; 42 USC
6924; 42 USC 6925; 42 USC 6927; 42
USC 6974
CFR Citation:
40 CFR 124; 40 CFR 267; 40 CFR 270
Legal Deadline:
None
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72579
Abstract:
EPA has proposed creating a new type
of general permit, called a standardized
permit, for facilities that generate waste
and routinely manage the waste onsite
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 and
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. The
standardized permit should streamline
the permit process by allowing facilities
to obtain and modify permits more
easily while maintaining the
protectiveness currently existing in the
individual RCRA permit process. EPA
estimates that the potential average
annual cost savings to eligible facilities
from implementation of this rule will
range from approximately $100 to
$5,800 (i.e., 2 to 140 burden hours) per
permit action, depending on such
things as the type of permit and the
type of storage equipment. The
proposal raised issues for public
comment on how all facilities receiving
RCRA permits can satisfy RCRA
corrective action requirements under
appropriate alternative state cleanup
programs and on financial assurance
issues. The Agency is developing a
final rule addressing this topic.
Statement of Need:
The Agency convened a special task
force in 1994 to look at permitting
activities throughout its different
programs and to make specific
recommendations to improve these
permitting programs. This task force,
known as the Permits Improvement
Team (PIT), spent two years working
with stakeholders from the Agency,
State permitting agencies, industry, and
the environmental community. The PIT
stakeholders mentioned, among other
things, that permitting activities should
be commensurate with the complexity
of the activity. The stakeholders felt
that current Agency permitting
programs were not flexible enough to
allow streamlined procedures for
routine permitting activities. Currently,
facilities that store, treat, or dispose of
hazardous waste must obtain site-
specific "individual" permits
prescribing conditions for each "unit"
(e.g., tank, container area, etc.) in
which hazardous waste is managed.
Experience gained by the Agency and
states over the past 165 years has
shown that not all the waste
management activities are at the same
level of complexity. Some activities,
such as thermal treatment or land
disposal of hazardous wastes, are more
complex than storage of hazardous
waste. The Agency believes that
thermal treatment and land disposal
activities continue to warrant
"individual" permits, prescribing unit-
specific conditions. However, the
Agency believes that some
accommodation can be made for
hazardous waste management practices
in standardized units such as tanks,
container storage areas, and
containment buildings. In April 1996,
the PIT tentatively recommended,
among other things, that regulations be
developed to allow "standardized
permits" for onsite storage and
nonthermal treatment of hazardous
waste in tanks, containers, and
containment buildings. On October 12,
2001, the Agency proposed revising the
RCRA regulations to allow for this type
of permit, and is preparing to finalize
the rule.
Summary of Legal Basis:
Facilities that manage hazardous waste
are required under RCRA to obtain a
permit and carry out corrective action
as necessary (see: RCRA Section 3004,
3005, 3008, and 3010). EPA has
discretion under these statutory
provisions to apply different permitting
procedures to different types of
facilities. No aspect of this streamlining
action is required by court order.
Alternatives:
EPA considered several options
regarding RCRA permits and corrective
action alternatives. The Agency
proposed to limit the scope of the rule
to facilities that generate waste and
manage it onsite, but asked for
comment on whether to expand that
scope to facilities that manage wastes
generated offsite. The Agency also
asked for comment on the option of
allowing a facility's RCRA corrective
action activities to be postponed if
corrective action is being carried out
under an approved state remedial
program.
Anticipated Cost and Benefits:
The RCRA standardized permit is an
optional rule designed to streamline the
regulatory burden to EPA/States, as
well as to private sector facilities
covered by the rule, by reducing the
amount of information collected,
submitted, and reviewed for RCRA
hazardous waste permit actions (i.e.,
new permit applications, permit
modifications, and permit renewals).
Because the rule proposed to streamline
existing RCRA regulation, rather than
add new RCRA regulation,
implementation of the rule by the EPA
and by States with EPA-authorized
permitting programs is expected to
result in economic benefits in the form
of national cost savings from reducing
both government and private sector
resources required for the RCRA permit
process. The national workload level of
RCRA permit actions involving onsite
hazardous waste storage and
nonthermal treatment units has
averaged 92 permit determinations per
year over the 10-year period
1990-1999. Relative to this average
annual workload, EPA estimates that
the potential average annual cost
savings to eligible facilities from
implementation of this rule will range
from approximately $100 to $5,800 (i.e.,
2 to 140 burden hours) per permit
action, depending on such things as the
type of permit and the type of storage
equipment. On a national basis, the
rule is expected to generate a minimum
of $0.36 to $0.53 million in average
annual paperwork cost savings, based
on the scope of the proposed rule,
which was limited to on-site waste
management facilities. However, the
final rule may expand the initial scope
of eligible facilities, which could easily
double or triple the national cost
savings benefits (i.e., $1.1 to $1.6
million per year in cost savings).
Risks:
The purpose of this rule is to
streamline existing RCRA permit
application and issuance procedures to
achieve national paperwork burden
reduction. Because of the facts that
facilities covered by this rule: (a) are
currently already required to obtain
RCRA permits, and (b) are relatively
simple to design, install/construct,
operate, and clean-close, this rule is
expected to have minimal incremental
effects on existing levels of human
health and environmental risk for these
types of hazardous waste management
facilities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/12/01 66 FR 52191
03/00/04
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72580 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN 4028.
Sectors Affected:
3251 Basic Chemical Manufacturing;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32411 Petroleum
Refineries; 325211 Plastics Material and
Resin Manufacturing; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing
Agency Contact:
Jeff Gaines
Environmental Protection Agency
Solid Waste and Emergency Response
5303W
Washington, DC 20460
Phone: 703-308-8655
Fax: 703 308-8609
Email: gaines.jeff@epamail.epa.gov
RIN: 2050-AE44
EPA
124. OFFICE OF SOLID WASTE
BURDEN REDUCTION INITIATIVE
Priority:
Other Significant
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 261.38; 40 CFR 264.16; 40 CFR
264.52; 40 CFR 264.56; 40 CFR 264.73;
40 CFR 264.98 et seq; 40 CFR 265.16;
40 CFR 265.52; 40 CFR 265.56; 40 CFR
265.73; 40 CFR 265.98 et seq; 40 CFR
266.103; 40 CFR 261.4; 40 CFR 268.7;
40 CFR 268.9
Legal Deadline:
None
Abstract:
EPA plans to reduce the burden
imposed by the RCRA reporting and
recordkeeping requirements to help
meet the Federal Governmentwide goal
established by the Paperwork
Reduction Act (PRA).
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
proposed (67 FR 2518, 1/17/02) to
implement many of these ideas. The
proposal was designed to eliminate
duplicative and nonessential
paperwork. EPA is planning to issue a
notice to seek further input on a
number of changes we proposed. EPA
will then finalize this burden reduction
effort.
Statement of Need:
The Paperwork Reduction Act of 1995
establishes a Federal Governmentwide
goal to reduce the paperwork and
reporting burden it imposes. The RCRA
Burden Reduction Initiative Proposed
mlemaking makes the regulatory
changes necessary to meet this goal.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
Reducing recordkeeping and reporting
will require changes in our regulations.
There was no alternative to doing a
rulemaking. The Agency sought
opinions from the regulated community
on various burden reduction
possibilities.
Anticipated Cost and Benefits:
Our cost-benefit analysis showed a
savings of $120 million and 929,000
hours for the final rule. The rule will
have minimal impact on the
protect!veness of the RCRA regulations.
It will eliminate or streamline
paperwork requirements that are
unnecessary because they add little to
the protectiveness of the RCRA
regulations.
Risks:
The rule will have no risk impacts.
Timetable:
Action
Notice of Data
Availability
NPRM
NODA
Final Action
Date FR Cite
06/18/99 64 FR 32859
01/17/02 67 FR 2518
10/29/03 68 FR 61 662
05/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN 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:
325 Chemical Manufacturing; 334
Computer and Electronic Product
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 324 Petroleum
and Coal Products Manufacturing; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 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: 703 308-8433
Email: burchard.robert@epamail.epa.gov
RIN: 2050-AE50
EPA
125. RECYCLING OF CATHODE RAY
TUBES (CRTS) AND
MERCURY-CONTAINING EQUIPMENT:
CHANGES TO HAZARDOUS WASTE
REGULATIONS
Priority:
Other Significant
Legal Authority:
42 USC 6912(a); 42 USC 6921 to 6925
CFR Citation:
40 CFR 261; 40 CFR 273
Legal Deadline:
None
Abstract:
This action will ultimately revise the
existing Federal hazardous waste
regulations to encourage recycling and
better management of Cathode Ray
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72581
Tubes (CRTs) by providing a
conditional exclusion from the
definition of solid waste for CRTs being
recycled. A CRT is the display
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. This rule will also
streamline RCRA requirements for
managing mercury-containing
equipment by adding such equipment
to the universal waste rule. This rule
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), and in response to a petition
from the Utilities Solid Waste Activities
Group regarding mercury-containing
equipment. The goal of this action is
to improve management and encourage
recycling, thereby minimizing disposal
of mercury, increasing resource
recovery, and enhancing protection of
human health and the environment.
The mercury-containing equipment rule
will be published at a later date.
Statement of Need:
This rule is needed to respond to
recommendations of the Electronics
Subcommittee of the CSI Council
regarding CRT recycling, and also to
respond to a petition from the Utilities
Solid Waste Activities Group regarding
management of mercury-containing
equipment. It is also needed to
streamline RCRA requirements for these
materials to encourage better
management and recycling.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
EPA solicited comments on alternative
management requirements, including
notification and tracking, accumulation
requirements, requirements for CRT
glass processors, export requirements,
and disposal requirements.
Anticipated Cost and Benefits:
EPA estimates that, if finalized, this
action would result in annual savings
of up to $3 million to reduce
administrative, transportation, and
management costs compared to current
regulations.
Risks:
The risks are undetermined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/12/02 67 FR 40507
05/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN 4092.
Sectors Affected:
334411 Electron Tube Manufacturing
Agency Contact:
Marilyn Goode
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703-308-8800
Fax: 703 308-0512
Email: goode.marilyn@epamail.epa.gov
RIN: 2050-AE52
EPA
126. NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
GROUNDWATER 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 g-l"SDWA 1412 (b)(8)"
CFR Citation:
40 CFR 141; 40 CFR 142
Legal Deadline:
Other, Statutory, Other.
Abstract:
EPA has proposed a targeted risk-based
regulatory strategy for all public water
systems served by groundwater. The
proposed requirements provide a
meaningful opportunity to reduce
public health risk associated with the
consumption of waterborne pathogens
from fecal contamination for a
substantial number of people served by
ground water sources. The proposed
strategy addresses risks through a
multiple-barrier approach that relies on
five major components: periodic
sanitary surveys of ground water
systems requiring the evaluation of
eight elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses, and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Statement of Need:
Public water systems (PWSs) that use
ground water as their sole source of
water, as opposed to surface water
PWSs, are not federally regulated as to
treatment for microorganisms. There is
data that indicates that a number of
ground water PWSs are contaminated
with microorganisms of fecal origin that
can and have caused illness.
Summary of Legal Basis:
Section 1412(b)(8) of the Safe Drinking
Water Act requires that EPA develop
regulations specifying the use of
disinfectants for groundwater systems
as necessary and "... (as part of the
regulations) promulgate criteria... to
determine whether disinfection shall be
required as a treatment technique for
any public water system served by
groundwater."
Alternatives:
EPA considered four regulatory
alternatives in the development of the
GWR proposal; the proposed regulatory
alternative (multi-barrier option), the
sanitary survey option, the sanitary
survey and triggered monitoring option,
and the across-the-board disinfection
option. All options include the sanitary
survey provision. The sanitary survey
option would require the primacy
agency to perform surveys every three
to five years, depending on the type
of system. If any significant deficiency
is identified, a system is required to
correct it. The sanitary survey and
triggered monitoring option adds a
source water fecal indicator monitoring
requirement triggered by a total
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72582 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
coliform positive sample in the
distribution system. The multi-barrier
option, which was proposed by EPA,
adds a hydrogeologic sensitivity
assessment to these elements which, if
a system is found to be sensitive,
results in a routine source water fecal
indicator monitoring requirement. The
multi-barrier option and the sanitary
survey and triggered monitoring
options are targeted regulatory
approaches designed to identify wells
that are fecally contaminated or are at
a high risk for contamination. These
across-the-board disinfection option
would require all systems to install
treatment instead of trying to identify
only the high risk systems; therefore,
it has no requirement for sensitivity
assessment or microbial monitoring.
Anticipated Cost and Benefits:
EPA estimates the cost of the proposed
GWR will be $183 million dollars per
year (using a 3 percent discount rate).
More than half of the estimated costs
are for corrective actions which systems
will be required to take to fix or
prevent fecal contamination. The
remainder of the costs are due to
increased scope and frequency of
sanitary surveys, hydrogeologic
sensitivity assessments and source
water monitoring. System costs are
expected to be $162 million per year
for implementation of the GWR. States
are expected to incur costs of $21
million per year. Cost estimates do not
include land acquisition, public
notification or the potential cost of
illness due to exposure to disinfection
by-products. The total estimated value
of these benefits is $205 million per
year, $139 million from avoided illness
and $66 million from avoided deaths.
These benefits are monetized based on
a cost of illness and a value of
statistical life. These estimates do not
include pain and suffering associated
with viral and bacterial illness avoided
outbreak response costs (such as the
costs of providing public health
warnings and boiling drinking water),
and possibly the avoided costs of
averting behavior and reduced
uncertainty about drinking water
quality.
Risks:
EPA estimates that currently over
200,000 illnesses and 18 deaths occur
each year due to viral and bacterial
contamination of public groundwater
systems. Children, the elderly, and the
immunocompromised are particularly
sensitive to the waterborne pathogens
and account for between 20 and 30
percent of the illnesses and deaths. As
proposed, the GWR is expected to
reduce the total number of illness by
115,000 and the total number of deaths
by 11 each year. The GWR in
conjunction with the Surface Water
Treatment Rule (SWTR), Total Coliform
Rule (TCR) the Interim Enhanced
Surface Water Treatment Rule
(IESWTR), the Filter Backwash Rule
(FBR) and the Long Term Enhanced
Surface Water Treatment Rules
(LT1ESWTR & LT2ESWTR) will
provide protections to the consumers of
public water supply systems from
waterborne pathogens.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
04/00/04
Regulatory Flexibility Analysis
Required:
Yes
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN 2340. Statutory deadline for final
rule: After August 6, 1999, but not later
than the Administrator promulgates a
Stage II rulemaking for disinfection
byproducts (currently scheduled for
October 2004).
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Crystal Rodgers
Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202-564-5275
Fax: 202 564-3767
Email: rodgers.crystal@epamail.epa.gov
Tracy Bone
Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202-564-5257
Fax: 202 564-3767
Email: bone.tracy@epamail.epa.gov
R1N: 2040-AA97
EPA
127. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: 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 300f; 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^l; 42 USC 300J-9;
42 USC 300J-11
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
from disinfection byproducts. In
developing the LT2ESWTR, EPA has
analyzed 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, has
provided a substantially more
comprehensive and complete picture of
the occurrence of waterborne pathogens
than was available previously. EPA has
also used significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the pathogenicity of
certain pathogens, to determine
effective regulatory requirements for
controlling microbial risk. On March
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72583
30, 1999 EPA established a committee
of stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these
rules; an agreement in principle was
signed in September 2000 outlining the
proposed rule options.
Statement of Need:
The purpose of the Long Term 2
Enhanced Surface Water Treatment
Rule (LT2ESWTR) is to reduce health
risks posed by cryptosporidium and
other microbial pathogens in drinking
water. Cryptosporidium is a protozoa
which causes cryptosporidiosis, a
severe gastrointestinal disease. While
cryptosporidiosis is generally self
limiting in healthy individuals, it can
be fatal for people with compromised
immune systems. Cryptosporidium is
removed to a degree by filtration but
is highly resistant to conventional
drinking water disinfectants, including
chlorine and chloramines. EPA has
recently collected a significant amount
of data on occurrence of
cryptosporidium in drinking water
sources through the Information
Collection Rule (ICR) and ICR
Supplemental Surveys. These data
indicate that a subset of drinking water
systems have an unacceptably high risk
for cryptosporidium in their treated
water. The LT2ESWTR is intended to
identify systems at high risk for
cryptosporidium through monitoring
and prescribe an appropriate level of
additional treatment. In addition, the
LT2ESWTR will be promulgated
simultaneously with the Stage 2
Disinfectants and Disinfection
Byproducts Rule (DBPR). This will help
to ensure that drinking water utilities
do not compromise adequate microbial
protection while they take steps to
control DBFs.
Summary of Legal Basis:
Section 1412(b)(7)(A) of SDWA allows
the Administrator to promulgate a
national primary drinking water
regulation that requires the use of a
treatment technique in establishing a
maximum contaminant level if the
Administrator makes a finding that it
is not feasible to ascertain the level of
the contaminant. The MCLG for
Cryptosporidium is zero and it is not
feasible for public water systems to
measure Cryptosporidium
concentrations in treated water.
Consequently, under Section
1412(b)(l)(A), the Administrator may
establish a treatment technique for
Cryptosporidium if this presents a
meaningful opportunity for health risk
reduction. Although the 1996
Amendments do not require EPA to
finalize a Long Term 2 Enhanced
Surface Water Treatment Rule along
with the Stage 2 Disinfectants and
Disinfection Byproducts Rule, Congress
did emphasize the importance of
ensuring proper balance between
microbial and DBF risks and, therefore,
EPA believes it is important to finalize
these rules together.
Alternatives:
EPA is considering various rule
scenarios to reduce risk from
cryptosporidium. These scenarios
include treatment requirements that
would apply to all systems, such as
requiring all conventional plants to
achieve 2-log inactivation of
cryptosporidium. Alternative scenarios
have involved assigning systems to bins
based on mean crypto source water
concentrations. Additional treatment
requirements would then depend on
the bin to which a system was
assigned. Issues associated with the
binning approach include: amount of
monitoring necessary to assign systems
to bins, appropriate crypto
concentrations to demarcate bin
boundaries, and appropriate level of
additional treatment for a given bin.
EPA is exploring analyses that evaluate
the impact of these issues on costs and
benefits. EPA has also considered
options to reduce the impact on small
systems.
Anticipated Cost and Benefits:
EPA estimates that the LT2ESWTR, as
proposed will have an annual cost of
$73 to $111 million per year. The
majority of people (approximately 67
percent) are served by public water
systems that use a surface water or
ground water under the direct influence
of surface water. Thus, a large number
of people will benefit from the
LT2ESWTR. EPA estimates that the
proposed LT2ESWTR would prevent up
to 1,020,000 cases of cryptosporidiosis
annually with an economic benefit of
up to $1.4 billion. In addition, EPA has
recently identified UV light as a
technology that can achieve high levels
of cryptosporidium inactivation at
relatively low cost.
Risks:
Approximately 67 percent of consumers
are served by drinking water systems
that use surface water sources or
ground water under the direct influence
of surface water. Survey data indicate
that cryptosporidium is prevalent in
drinking water sources and current
levels of treatment may not be adequate
to control highly resistant pathogens
like cryptosporidium. Cryptosporidiosis
is a potentially fatal disease in people
with weak immune systems, such as
infants, the elderly, people with AIDS,
and people taking immune suppressing
drugs like cancer and transplant
patients. By requiring additional
treatment for those systems with the
highest concentrations of
cryptosporidium in their source waters,
EPA expects to significantly reduce
current risk.
Timetable:
Action
NPRM
Final Action
Date
08/11/03
07/00/04
FR Cite
68 FR 47639
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN 4341.
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Dan Schmelling
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202-564-5281
Fax: 202 564-3767
Email: schmelling.dan@epamail.epa.gov
Thomas Grubbs
Environmental Protection Agency
Water
4607M
4607
Washington, DC 20460
Phone: 202-564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epamail.epa.gov
RIN: 2040-AD37
EPA
128. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority:
Economically Significant. Major under
5 USC 801.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Unfunded Mandates:
This action may affect State, local or
tribal governments and the private
sector.
Legal Authority:
42 USC 300f; 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
CFR Citation:
40 CFR 141 to 142; 40 CFR 9
Legal Deadline:
Final, Statutory, July 14, 2003.
Abstract:
This 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 nontransient
noncommunity 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 analyzed 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, provide a
substantially more comprehensive and
complete picture of the occurrence of
DBFs and microbiological pathogens
than was available previously. EPA also
used new information on the health
effects of exposure to DBFs to
determine effective regulatory
requirements for controlling risk. On
March 30, 1999, EPA reconvened a
committee of stakeholders under the
Federal Advisory Committee Act
(FACA) to assist in the development of
these rules; an Agreement in Principle
was signed in September 2000
outlining the proposed rule options.
Statement of Need:
The purpose of the Stage 2
Disinfectants/Disinfection Byproducts
Rule (DBPR) is to reduce potential
health risks posed by disinfection
byproducts (DBFs). Certain DBFs have
been shown in laboratory tests to be
carcinogens or to cause adverse
reproductive and developmental health
effects. In addition, epidemiology
studies have indicated that exposure to
chlorinated water may increase the risk
of bladder cancer, miscarriage, and
certain developmental defects. The
Stage 2 DBPR is designed to reduce
peak events in DBF exposure in order
to mitigate these potential health risks.
Summary of Legal Basis:
Section 1412(b)(2)(C) of SDWA, as
amended in 1996, requires EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule no later than July 14, 2003.
Although the 1996 Amendments do not
require EPA to finalize a Long Term
2 Enhanced Surface Water Treatment
Rule along with the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
it is important to finalize these rules
together.
Alternatives:
EPA is considering various rule
scenarios to achieve reductions in
disinfection byproduct exposure. These
alternatives include: decreasing the
standard set in the Stage 1 DBPR (0.080
mg/L total trihalomethanes (TTHM) and
0.060 mg/L the sum of 5 haloacetic
acids (HAA5)) by half and maintaining
a running annual average compliance
calculation; maintaining 80/60
TTHM/HAA5 standards but revising
the compliance calculation to a stricter
locational running annual average;
setting the 80/60 TTHM/HAA5
standard as a never to be exceeded
maximum; and revising the standard
for bromate which is currently 0.010
mg/L. EPA has also considered options
to reduce the impact on small systems.
Anticipated Cost and Benefits:
EPA estimates that the Stage 2 DBPR
will have an annual economic impact
of $59-65 million. Over 200 million
people are served by public water
systems that apply a disinfectant (e.g.,
chlorine) to water in order to provide
protection against microbial
contaminants and potentially exposed
to DBFs. Thus, a large number of
people will benefit from the Stage 2
DBPR.
Risks:
Over 200 million people are served by
public water systems that apply a
disinfectant (e.g., chlorine) to water in
order to provide protection against
microbial contaminants. Due to the
large number of people exposed to
DBFs, there is a substantial concern for
any risks associated with DBFs that
may impact public health. EPA
estimates that the Stage 2 DBPR will
decrease exposure to DBFs on average
but more importantly, the rule will
significantly reduce exposure to peak
occurrences of DBFs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/18/03 68 FR 49548
07/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN 4342.
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Tom Grubbs
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
Stig Regl
Environmental Protection Agency
Water
4607M
4607
Washington, DC 20460
Phone: 202-564-5270
Fax: 202 564-3767
Email: regli.stig@epamail.epa.gov
RIN: 2040-AD38
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan 72585
EPA
129. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
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 301; 33 USC 1314
CWA 304; 33 USC 1316 CWA 306; 33
USC 1318 CWA 308; 33 USC 1342
CWA 402; 33 USC 1361 CWA 501
CFR Citation:
40 CFR 450; 40 CFR 122
Legal Deadline:
NPRM, Judicial, May 15, 2002.
Final, Judicial, March 31, 2004.
Abstract:
The effluent guidelines would apply to
some construction activities associated
with new development, as well as to
those associated with redevelopment
activities. The regulations would
address storm water runoff from
construction sites during the active
phase of construction. 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 proposed design criteria
for erosion and sediment controls.
These requirements would be
implemented in NPDES storm water
permits issued to construction site
owners and operators.
Statement of Need:
The 2000 National Water Quality
Inventory Report to Congress indicates
that 39 percent of assessed rivers and
streams are impaired for one or more
uses. Siltation is the leading pollutant
causing water quality problems in 31
percent of these impaired rivers and
streams. Storm water discharges from
construction and development projects
contain sediment that contribute to
water quality impairment. There is
currently wide variation in existing
requirements across the nation
designed to control construction site
storm water discharges. The effluent
guidelines would provide a national set
of criteria for the selection, design,
installation, and maintenance of
erosion and sediment controls to
control storm water discharges from
construction sites. These requirements
are expected to significantly reduce the
discharge of sediment from
construction sites and improve water
quality.
Summary of Legal Basis:
The Clean Water Act authorizes EPA
to establish effluent limitations
guidelines and standards to limit the
pollutants discharged from point
sources. In addition, EPA is bound by
a provision in a consent decree entered
in settlement of Natural Resources
Defense Council et al. v. Reilly (D.D.C.
No.89-2980) to propose regulations for
this industry by May 15, 2002, and to
take final action by March 31, 2004.
Alternatives:
The Clean Water Act directs EPA to
establish a technology basis for the
effluent guidelines. Limitations are
based on the performance of specific
technology levels, such as the best
available technology economically
achievable. EPA is considering a range
of pollution control technologies and is
also considering construction site size
exemptions to reduce the impact on
small dischargers.
Anticipated Cost and Benefits:
The annualized costs of the proposed
effluent guidelines are estimated to
range from $130 million to $505
million and the annualized monetized
benefits are expected to range from $10
million to $22 million. The costs
include capital costs to install erosion
and sediment controls as well as
operation and maintenance costs. The
benefits from the effluent guidelines are
expected to occur by reducing
discharges of sediment to water bodies.
In addition to the monetized benefits,
EPA expects there to be significant
nonquantified and nonmonetized
benefits to aquatic habitat and aquatic
resources.
Risks:
The effluent guidelines are expected to
result in a reduction of the discharge
of pollutants to surface waters,
primarily sediment. Sediment
discharges to surface waters present a
significant risk to aquatic resources.
Timetable:
Action Date FR Cite
NPRM 06/24/02 67 FR 42644
Final Action 03/00/04
Regulatory Flexibility Analysis
Required:
Yes
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN 4280.
For more information on the
construction and development rule visit
Web site.
Sectors Affected:
233 Building, Developing and General
Contracting; 234 Heavy Construction
Agency Contact:
Eric Strassler
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202-566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
Jesse Pritts
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone; 202-566-1038
Fax: 202 566-1053
Email: pritts.jesse@epamail.epa.gov
RIN: 2040-AD42
EPA
130. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, 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:
33 USC 1311 CWA 301; 33 USC 1316
CWA 306; 33 USC 1326 CWA 316; 33
USC 1361 CWA 501
CFR Citation:
40 CFR 9; 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 CFR 125
Legal Deadline:
NPRM, Judicial, February 28, 2002.
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72586 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/The Regulatory Plan
Final, Judicial, February 16, 2004.
Abstract:
This ralemaking affects, at a minimum,
existing electricity generating facilities
that employ cooling water intake
structures and whose intake flow levels
exceed a minimum threshold to be
determined by EPA during the
rulemaking. Section 316(b) of the Clean
Water Act 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 for minimizing
adverse environmental impact. A
primary purpose of the rulemaking is
to minimize any adverse environmental
impact that may be associated with the
impingement and entrainment of fish
and other aquatic organisms by cooling
water intake structures. Impingement
refers to trapping fish and other aquatic
life on intake screens or similar devices
where they may be injured or killed.
Entrainment occurs when smaller
aquatic organisms, eggs, and larvae are
drawn into a cooling system, and then
pumped back out, often with significant
injury or mortality due to heat, physical
stress, or exposure to chemicals.
Statement of Need:
In the absence of national regulations,
permit directors have implemented
cooling water intake limitations
incompletely and inconsistently and, in
some cases, permit issuance or
reissuance has been significantly
delayed. This regulation may have
substantial ecological benefits. By court
order, EPA must propose and take final
action on this regulation.
Summary of Legal Basis:
This action is required under an
Amended Consent Decree in
Riverkeeper Inc. et al. v. Whitman, 93
Civ. 0314 (ACS) (U.S. District Court,
Southern District of New York,
November 21, 2000).
Alternatives:
The analysis will cover various sizes,
types of potentially regulated facilities,
and control technologies. EPA is
considering whether to regulate site-by-
site, nationally, or on the basis of broad
categories of water body types.
Anticipated Cost and Benefits:
Based on a notice of data availability,
costs are estimated to be $265 million
annually. The benefits of the proposed
rule include quantifiable increases in
commercial and recreational fisheries
and difficult-to-quantify nonuse
benefits. Costs and benefits are
expected to be smaller at facilities that
use smaller amounts of cooling water.
Risks:
Cooling water intake structures may
pose significant risks for aquatic
ecosystems.
Timetable:
Action
NPRM
NODA
Final Action
Date FR Cite
04/09/02 67 FR 17122
03/19/03 68 FR 13522
02/00/04
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN 4474. Split from RIN 2040-AC34.
Sectors Affected:
2211 Electric Power Generation,
Transmission and Distribution
Agency Contact:
Debbi Hart
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202-566-6379
Fax: 202 566-1053
Email: hart.debbi@epa.gov
Martha Segall
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202-566-1041
Fax: 202 566-1053
Email: segall.martha@epa.gov
RIN: 2040-AD62
BILLING CODE 6560-50-S
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73540 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL-7571-3
Fall 2003 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual Regulatory Agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Regulatory Agenda to update the public
about:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Regulations and major policies
completed or canceled since the last
Agenda.
TO BE PLACED ON THE AGENDA
MAILING LIST: If you would like to
subscribe, please send an e-mail with
your name and address to:
ncepimal@one.net, or call 800-490-9198.
There is no charge for single copies of
the Agenda.
FOR FURTHER INFORMATION: If you have
questions or comments about a
particular action, please get in touch
with the agency contact listed in each
Agenda entry. If you have general
questions about the Agenda or questions
about EPA's decision making process,
please contact: Phil Schwartz (1806A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202-564-6564; e-
mail: schwartz.philip@epa.gov. We
welcome your suggestions on how we
can make the Agenda more useful to
you and easier to use.
SUPPLEMENTARY INFORMATION
Table of Contents
A. What Are Our Goals in Developing
Regulations and Policies and What Key
Principles, Statutes, and Executive
Orders Drive the Rulemaking and
Policymaking Process?
B. How Can You Be Involved in EPA's
Rulemaking and Policymaking Process?
C. What Actions Are Included in the
Agenda?
D. How Is the Agenda Organized?
E. What Information Is in Agenda
Entries?
F. How Can You Find Out More
About EPA's Rulemakings?
G. What Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
H. How Can You Use Our Electronic
Dockets To Participate in Rulemaking
and Policymaking'
I. Acknowledgment of Those Involved
in the Rulemaking Process
A. What Are Our Goals in Developing
Regulations and Policies and What Key
Principles, Statutes, and Executive
Orders Drive the Rulemaking and
Policymaking Process?
Our primary objective is to protect
human health and the environment. To
achieve this objective and ensure that
our decisions are cost-effective and fully
protective, we conduct high quality
scientific, economic, and policy
analyses. We plan and initiate these
analyses at early stages in the regulatory
development process, so that Agency
decision makers are well informed of
the qualitative and quantitative benefits
and costs as they select among
alternative approaches. We also believe
that it is important that we continue to
apply new and improved methods to
protect the environment, such as:
building flexibility into regulations from
the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. Research, testing and
adoption of new environmental
protection methods is also a central
tenet in environmental problem solving.
The integration of all these elements via
a well managed regulatory development
process and a strong commitment to
innovative solutions will ensure that we
all benefit from significant
environmental improvements that are
fair, efficient, and protective. Overall
our success is measured by our
effectiveness in protecting human
health and the environment.
For a more extensive discussion of
our regulatory objectives and priorities
please see our Statement of Priorities in
part 2 of today's issue of the Federal
Register.
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to our
proposing and then issuing final
regulations that are generally contained
in the Administrative Procedure Act,
the Regulatory Flexibility Act as
amended by the Small Business
Regulatory Enforcement Fairness Act,
the Unfunded Mandates Reform Act, the
Paperwork Reduction Act, the National
Technology Transfer and Advancement
Act, and the Congressional Review Act.
We also must meet a number of
requirements contained in Executive
Orders. Of particular significance for
EPA rulemakings are Executive Orders
12866 (Regulatory Planning and Review;
58 FR 51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255, August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249, November 9, 2000), and 13211
(Energy; 66 FR 28355, May 22, 2001).
You can find information on these
laws and Executive orders through links
from www.epa.gov/regAgenda.
B. How Can You Be Involved in
EPA's Rulemaking and Policymaking
Process?
You can make your voice heard by
getting in touch with the contact person
provided in each Agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register. To be
most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or nonregulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. Democracy is not
a spectator sport. We urge you to
become involved in EPA's rulemaking
and policymaking process.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73541
EPA
C. What Actions Are Included in the
Agenda?
EPA includes all of our regulations
and certain major policy documents in
the Agenda with the following
exceptions. We generally do not include
minor amendments or the following
categories of actions:
• Administrative actions such as
delegations of authority, changes of
address or phone numbers.
• 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:
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 Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations, including the tolerance
reassessment process.
• 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.
There is no legal significance to the
omission of an item from the Agenda.
D. How Is the Agenda Organized?
We have organized the Agenda:
1. First, into fourteen divisions based
on the law that would authorize a
particular action. These divisions are:
General, which includes cross-cutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules
• The Clean Air Act (CAA)
• The Atomic Energy Act (AEA)
• The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
• The Federal Food, Drug, and Cosmetic
Act (FFDCA)
• The Toxic Substances Control Act
(TSCA)
• The Emergency Planning and
Community Right-to-Know Act
(EPCRA)
• Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
• The Resource Conservation and
Recovery Act (RCRA)
• The Oil Pollution Act (OPA)
• The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
• The Clean Water Act (CWA)
• The Safe Drinking Water Act (SDWA)
• The Shore Protection Act (SPA)
2. Second, by the current stage of
development. The stages are:
Prerulemaking - Prerulemaking actions
are generally intended to determine
whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations
required under section 610 of the
Regulatory Flexibility Act, requests
for public comment on the need for
regulatory action, or important
preregulatory policy proposals.
Proposed Rule - This section includes
EPA rulemaking actions that are
within a year of proposal (publication
of Notices of Proposed
Rulemakings(NPRMs)).
Final Rule - This section includes rules
that will be issued as a finalrule
within a year.
Long-Term Action - This section
includes rulemakings for which the
next scheduled regulatory action is
after October 2004.
Completed Action - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the Spring 2003 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.
3. Third, by the Regulation Identifier
Number assigned when an action is
added to the Agenda. (In future Agendas
we will organize entries by the section
number of the statute that authorizes the
rule rather than by the RIN.)
E. 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
have not 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. OMB
reviews all significant rules including
both of the first two categories,
"economically significant" and "other
significant."
Economically Significant: Under
Executive Order 12866, a rulemaking
action that may have an annual effect on
the economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
• Create a serious inconsistency or
otherwise interfere with an action
takenor planned by another agency;
• Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights and
obligations of recipients; or
• Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
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 recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
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73542 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other:
An action that is not 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 Act (5 U.S.C. 801, et seq.)
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 would
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
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
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
developing an action. 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 (RFA).
Generally, such an analysis is required
for proposed or final rules subject to the
RFA 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 businesses, small
governments, or small nonprofit
organizations.
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
generally 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 one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211.
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.
URL's: For some of our actions we
include the Internet addresses for:
reading copies of rulemaking
documents; submitting comments on
proposals; and getting more information
about the rulemaking and the program
of which it is a part.
RIN: The Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
F. How Can You Find Out More
About EPA's Rulemakings
1. Public Dockets: When EPA
announces the initiation of a
rulemaking, typically through the
publication of an advance notice of
proposed rulemaking or a notice of
proposed rulemaking in the Federal
Register, the Agency may establish an
. official docket to accumulate materials
throughout the development process for
that rulemaking. The official docket
serves as the repository for the
collection of documents or information
related to a particular agency action or
activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for Regulatory
Flexibility Act § 610 reviews of rules
with significant impacts on a substantial
number of small entities and various
non-rulemaking activities, such as
Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the Paperwork
Reduction Act, and other non-rule
activities. In 2002, EPA released its
online electronic docket and comment
system, EDOCKET at
http://www.epa.gov/edocket.
2. EPA Websites: Some of the actions
listed in the Agenda include a URL that
provides additional information.
3. Regulatory Agenda Databases and
Search Engines: If you have access to
the Internet you can use databases and
their accompanying search engines
developed by the EPA and the
Regulatory Information Service Center
(RISC) at the General Services
Administration to help you locate
actions that are of interest to you. The
EPA Regulatory Agenda search engine is
located at www.epa.gov/regAgenda. We
thoroughly update this database each
spring and fall, and we partially update
it several other times during the year.
RISC's searchable databases are at
http://ciir.cs.umass.edu/ua/.
4. Appendices to the Agenda .'There
are six appendices that provide:
• An index based on subject matter
• A list of actions that may have a
significant impact on a substantial
number of small businesses, small
governments, or small non-profit
organizations
• A list of actions that may have some
impact on some small businesses,
small governments, or small non-
profit organizations but which may
either have less than a significant
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73543
EPA
impact or affect fewer than a
substantial number of them
• A list of the existing rules that we are
reviewing under section 610 of the
Regulatory Flexibility Act
• A list of actions that may affect State,
local, or Tribal governments
• A list of actions that may have
federalism implications as defined in
Executive Order 13132
5. The Regulatory Agenda Collection in
the EPA History Office has a complete
collection of Regulatory Agendas and
related materials. A list of the
contents including exact citations for
all Agendas is at:
http://www.epa.gov/history/
collection/aid41.htm
6. Listservers: If you want to get
automatic e-mails about areasof
particular interest, we maintain 12
collections including:
1. Air
2. Water
3. Wastes and emergency response
4. Pesticides
5. Toxicsubstances
6. Right-to-know and toxic release
inventory
7. Environmental impacts
8. Endangered species
9. Meetings
10. The Science Advisory Board
11. Daily full-text notices with page
numbers, and
12. General information.
For more information and to subscribe
via our FR Web site, visit:
http://www.epa.gov/fedrgstr/subscribe.
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
7. Access to Interpretive Documents:
To provide a central point of access to
non-binding general policy, guidance,
and interpretive documents that
describe how the Agency intends to
exercise its discretionary authority and
explains what a statute or regulation
means, EPA developed a web site at
http://www.epa.gov/guidance/. The site
provides access to a collection of non-
binding guidance materials issued by
EPA Headquarters offices since January
1,1999, and was developed to assist
State and Tribal officials,
representatives of companies and
organizations that must comply with
environmental regulations, and
individuals that are concerned with
how environmental regulations and
statutes are being implemented or
enforced. The goal is that, through a
central interface to a collection of
guidance materials, it will be easier for
an individual or institution to
understand what guidance is available
when complying with environmental
regulations.
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA, the Agency must
prepare a formal analysis of the
potential negative impacts on small
entities, convene a Small Business
Advocacy Review Panel (proposed rule
stage), and prepare a Small Entity
Compliance Guide (final rule stage)
unless the Agency certifies a rule will
not have a significant economic impact
on a substantial number of small
entities. For more detailed information
about the Agency's policy and practice
with respect to implementing
RFA/SBREFA, please visit the
RFA/SBREFA website at
http://www.epa.gov/sbrefa/. See
Appendix B at the end of the Agenda,
"Index to Environmental Protection
Agency Entries for which a Regulatory
Flexibility Analysis is Required" for a
list of these rules. See Appendix C for
a list of the rules that may affect small
entities, but which we do not expect
will have a significant economic impact
on a substantial number of them.
The Regulatory Flexibility Act (RFA)
section 610 requires that an agency
review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities
(SEISNOSE). For EPA rules issued in
1992-1997, EPA went beyond the
requirements of the RFA by preparing
regulatory flexibility analyses for rules
that would have any adverse impact on
any number of small entities, regardless
of the size of impact or number of small
entities. In effect, many rules that EPA
would otherwise have certified as not
having a SEISNOSE were not formally
certified during this time period. After
the RFA was amended in 1996 by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA), EPA returned to
its earlier practice of formally certifying
rules with no SEISNOSE under the RFA
while continuing to offer outreach and
accommodation to regulated small
entities for those rules. EPA has
identified eight rules issued before
SBREFA was passed that were not
formally certified yet do not and will
not have a SEISNOSE. EPA has
determined that these eight rules are not
subject to section 610 review, and, even
if a section 610 review were conducted,
revision of the rules would not be
warranted. A list of these eight rules is
available at epa.gov/sbrefa. In this
Agenda we report on three ongoing
reviews and three completed reviews.
See appendix 1 for a list of these
actions.
H. How Can You Use Our Electronic
Dockets to Participate in Rulemaking
and Policymaking?
The official public docket is the
collection of materials that is available
for public viewing at the docket facility.
An electronic version of the public
docket is available through EPA's
electronic public docket and comment
system, EPA Dockets. EPA Dockets
(EDOCKET) is an online public docket
and comment system designed to
expand access to documents in EPA's
major dockets. Dockets contain Federal
Register notices, support documents,
and public comments for regulations the
Agency publishes and various non-
regulatory activities. You may use EPA
Dockets at http://www.epa.gov/edocket
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select "search,"
then key in the appropriate docket ID
number.
I. Acknowledgment of Those
Involved in the Rulemaking Process
Finally, I would like to thank the
members of the public who have taken
the time to get involved in the
rulemaking process. Experience has
taught us that we must listen to and
involve our stakeholders if we hope to
fully understand the issues and write
the most effective rules. Over the years
you, the public, have submitted an
enormous number of comments on our
rulemakings. We have heard all of them
and adopted many. Protecting human
health and the environment is one of
our Nation's most important quests. We
thank you for joining us in this
endeavor.
Dated: October 7, 2003.
Jessica L. Furey,
Associate Administrator, Office of Policy,
Economics, and Innovation.
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73544
EPA
Sequence
Number
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Sequence
Number
3157
3158
3159
3160
3161
3162
3163
3164
3165
3166
3167
3168
3169
Federal Register / Vol. 68, No. 245 /Monday, December 22, 2003 /Unified Agenda
GENERAL— Prerule Stage
Title
SAN No 4463 Persistent Bioaccumulative and Toxic (PBT) Pollutants Strategy
GENERAL — Proposed Rule Stage
Title
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements
SAN No 3580 Incorporation of Class Deviations Into EPAAR
SAN No 4292 Proposed Revision to EPA's Implementing NEPA Regulations .
Report to Congress on Enforcement Data Concerning Small Entities
SAN No 4693 Privacy Act Regulations (Revised)
SAN No 4191 Revision to EPAAR 1552 211 — 73 Level of Effort
SAN No 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No 4742 Continuation of Implementing the Empowerment Initiative
Miscellaneous Revisions to EPAAR Clauses
On Site and Off Site Background Checks Performed by EPA and Contractors
Contract Bundling Requirements
SAN No 4761 Waste Isolation Pilot Plant (WIPP) FY 2002 Report to Congress
Project XL Site — Specific Rulemaking for the NASA White Sands Test Facility in Las Cruces, New Mexico
(Phases III to VI)
Regulation
Identification
Number
2070— AD45
Regulation
Identification
Number
2020— AA39
2030— AA37
2020— AA42
2020— AA45
2025— AA1 3
2030— AA64
2030— AA67
2030— AA81
2030— AA84
2030— AA85
2030— AA86
2060— AK79
2090— AA35
GENERAL—Final Rule Stage
Sequence
Number
3170
3171
3172
3173
3174
Title
SAN No 4747 Implementation of Authority To Appoint Research Scientists Under 42 USC
SAN No 4270 Cross — Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR)
SAN No 4733 Background Investigations for Contractors Performing Services Onsite
SAN No 4473 Regulatory Incentives for the National Environmental Performance Track Program
SAN No. 4536 Project XL Site — Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces New Mexico (Phases I and II)
Regulation
Identification
Number
2030— AA83
2025— AA07
2030— AA80
2090— AA1 3
2090— AA27
GENERAL—Long—Term Actions
Sequence
Number
3175
3176
3177
Title
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions and Denials of Pesticide Registrations . .
SAN No 3240 Public Information and Confidentiality Regulations .
SAN No 3671 Guidelines for Carcinogen Risk Assessment
Regulation
Identification
Number
2020— AA44
2025— AA02
2080— AA06
GENERAL—Completed Actions
Sequence
Number
3178
3179
3180
Title
SAN No 3817 Implementation of Changes to Governmentwide Debarment and Suspension Common Rule
SAN No. 4021 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs
and Activities Receiving Federal Financial Assistance
SAN No. 4572 Fellowshio Grant Reaulation Revision
Regulation
Identification
Number
2030— AA48
2020— AA36
2030— AA77
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73545
EPA
GENERAL—Completed Actions (Continued)
Sequence
Number
3181
Title
SAN No. 4530 EPA Agencywide Public Involvement Policy
Regulation
Identification
Number
2090— AA23
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
3182
3183
3184
3185
Title
SAN No. 4313 Petitions to Delist Hazardous Air Pollutants: MEK
SAN No. 4785 NESHAP: Perchlorethylene Dry Cleaning Facilities (Section 610 Review)
SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Sec-
tion 608 . ...
SAN No. 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC)
Regulation
Identification
Number
2060— AI72
2060 — AK64
2060— AF36
2060— AK75
CLEAN AIR ACT (CAA>—Proposed Rule Stage
Sequence
Number
3186
3187
3188
3189
3190
3191
3192
3193
3194
3195
3196
3197
3198
3199
3200
3201
3202
3203
1904
3205
I9nfi
3207
3208
3209
3210
•3911
3212
3213
3214
3215
3216
Title
SAN No. 4415 Petitions to Delist Source Categories from the Source Category List, Developed Pursuant to Sec-
tion 1 1 2(c) of the Clean Air Act
SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives ..
SAN No 3649 Amendments to Method 24 (Water — Based Coatings)
SAN No 4070 General Conformity Regulations; Revisions . . ... ...
SAN No 3939 NESHAP' Group I Polymers and Resins and Group IV Polymers and Resins — Amendments
SAN No 3975 Review of New Sources and Modifications in Indian Country .. .. .... .... ... . ....
SAN No 4752 Implementation Rule for PM— 2.5 NAAQS (Reg Plan Seq No. 103)
SAN No. 4119 Performance Specification 16 — Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources
SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment
SAN No 4161 Update of Continuous Instrumental Test Methods ..
SAN No 4310 NESHAP' Printing and Publishing Industry Amendments
SAN No 4571 Electric Utility Steam Generating Unit MACT Regulation (Reg Plan Seq No 102)
SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement Court Remand
SAN No 4620 National Emission Standards for Coke Oven Batteries — Residual Risk Standards
SAN No 4654 NESHAP' Ethylene Oxide for Sterilization Facilities Residual Risk Standards
SAN No 4655 NESHAP' Gasoline Distribution (Stage I) Residual Risk Standards
SAN No 4672 NESHAP' Solvent Extraction for Vegetable Oil' Amendments
SAN No. 4751 Petition to Delist a Hazardous Air Pollutant (HAP) Source Category from Section 112 of the Clean
SAN No 4309 Nations! VOC Emission Standards for Consumer Products' Proposed Amendments
SAN No 4748 Control of Hazardous Air Pollutants From Mobile Sources
SAN No 4757 Emissions Durability Procedures for New Light Duty Vehicles and Light — Duty Trucks
SAN No 4393 Control of Methyl Tertiary Butyl Ether (MTBE)
SAN No 3412 Operating Permits' Revisions (Part 70) ..
SAN No. 4535 Protection of Stratospheric Ozone: Process for Exempting Critical and Emergency Uses of Methyl
Bromide .. ..
SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
cle 5 Countries • ..
SAN No 3673 Protection of Stratospheric Ozone' Reconsideration of Section 608 Sales Restriction
SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana, Sulfur Dioxide (SO2) Area
SAN No 3262 Inspection/Maintenance Recall Requirements
SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
SAN No 4421 Ambient Air Quality Monitoring Regulations' Revisions .
SAN No. 4450 Revisions to Regional Haze Rule To Address Concerns Raised by DC Circuit Regarding Best
Available Retrofit Technoloov (BART)
Regulation
Identification
Number
2060— AJ23
2060— A J61
2060— AF72
2060— AH93
2060— AH47
2060— AH37
2060— AK74
2060— AH84
2060— AJ41
2060— AK61
2060— AI66
2060— AJ65
2060— AJ78
2060— AJ96
2060— AK09
2060— AK10
2060— AK32
2060— AK73
2060— AI62
2060— AK70
2060— AK76
2060— AJOO
2060— AF70
2060— AJ63
2060— AK45
2060— AG20
2008— AAOO
2060— AE22
2060— AI97
2060— AJ25
2060— AJ31
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73546 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3217 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low—Sulfur Highway Diesel
Fuel Transition Program for Alaska 2060—AJ72
3218 SAN No. 4547 Modification of Authority to Grant Alternative Method Approvals 2060—AJ83
3219 SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines 2060—AK01
3220 SAN No. 4632 Modification of Anti—Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii,
Alaska and the U.S. Territories 2060—AK02
3221 SAN No. 4633 Performance—Based Measurement System For Fuels: Criteria For Self—Qualifying Alternative
Test Methods; Description of Optional Statistical Quality Control Measures 2060—AK03
3222 Transportation Conformity Rule Amendments for New 8—Hour Ozone and PM2.5 National Ambient Air Quality
Standards 2060—AL73
3223 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Allowables Plantwide
Applicability Limit (PAL), Aggregation, and Debottlenecking (Reg Plan Seq No. 104) 2060—AL75
3224 Rule To Reduce Interstate Transport of Fine Particulate Matter and Other Pollutants (Interstate Transport Rule) .... 2060—AL76
3225 Section 126 rule: Lifting the 8—hour Stay 2060—AL79
3226 Amendment to Marine Diesel Rule 2060—AL81
3227 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060—AL83
3228 Lifting the Stay of the 8—Hour Portion of the Findings of Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport (NOx SIP Call) 2060—AL84
3229 Deferral of Effective Date of Nonattainment Designations for 8—hour Ozone National Ambient Air Quality Stand-
ards- for Early Action Compact Areas 2060—AL85
3230 Amendments to the Phase 2 Requirements for Spark—Ignition Nonroad Engines Less Than 19 Kilowatts 2060—AL88
3231 Amendments to Leather Finishing NESHAP 2060—AL89
3232 Protection of Stratospheric Ozone; Allowance System for Controlling HCFC Production, Import and Export; Correc-
tion 2060—AL90
3233 Amendments to the NESHAP for Cellulose Products Manufacturing 2060—AL91
3234 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060—AL94
3235 Protection of Stratospheric Ozone: Quantity Allocation of Methyl Bromide After the Phaseout for Critical Use Ex-
emptions 2060—AL95
3236 Five—Year Review of MACT Standards for Large MWC 2060—AL97
3237 Alternative Work Practice for Leak Detection and Repair 2060—AL98
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3238
3239
3240
3241
3242
3243
3244
3245
3246
3247
3248
3249
3250
SAN No. 4315 Source—Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
SAN No. 3569 Source—Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN No. 4755 Accidental Release Prevention Requirements: Risk Management Programs Requirements Under
Clean Air Act Section 112(r)(7); Amendments to the Submission Schedule and Data Requirements
SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon from DOE Fa-
cilities
SAN No. 4532 Motor Vehicle and Engine Compliance Program Fees for: Light—Duty Vehicles and Trucks;
Heavy—Duty Vehicles and Engines; Nonroad Engines; and Motorcycles
SAN No. 3470 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a
Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions
SAN No. 3657 NESHAP: Combustion Turbine
SAN No. 3343 NESHAP: Iron and Steel Foundries
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing
SAN No. 3656 NESHAP: Reciprocating Internal Combustion Engine (Reg Plan Seq No. 116)
SAN No. 3837 NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters (Reg Plan Seq No.
117)
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing ...
SAN No. 4683 Air Quality: Revision to Definition of Volatile Organic Compounds — Exclusion of 4 Compounds
2009—AAOO
2009—AA01
2050—AF09
2060—AK81
2060—AJ62
2060—AK60
2060—AG67
2060—AE43
2060—AE82
2060—AG63
2060—AG69
2060—AK59
2060—AK37
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73547
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3251 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060—AF83
3252 SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring Isocyanates in
Stationary Source Emissions 2060—AG88
3253 SAN No. 4433 Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, NOx SIP Call
Technical Amendments, and Section 126 Rules 2060—AJ16
3254 SAN No. 4625 Implementation Rule for 8—hour Ozone NAAQS (Reg Plan Seq No. 119) 2060—AJ99
3255 SAN No. 3380 NSPS: SOCMI — Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part
60 2060—AE94
3256 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
(40 CFR Part 60, Appendix F, Procedure 3) 2060—AH23
3257 SAN No. 4508 Standards of Performance for New Stationary Sources: Volatile Organic Liquid Storage Vessels;
Amendments 2060—AJ53
3258 SAN No. 4555 Electric Arc Furnace NSPS Amendment 2060—AJ68
3259 SAN No. 4605 Proposed Amendments to Performance Standards and Monitoring Requirements for Paniculate
Matter at Stationary Sources 2060—AJ88
3260 SAN No. 4681 Revision of Combustion Turbines NSPS —Part 60, Subpart GG 2060—AK35
3261 SAN No. 3449 NESHAP: Mercury Cell Chlor—Alkali Plants 2060—AE85
3262 SAN No. 3820 NESHAP- Plywood and Composite Wood Products (Reg Plan Seq No. 115) 2060—AG52
3263 SAN No. 3825 NESHAP. Miscellaneous Metal Parts and Products (Surface Coating) 2060—AG56
3264 SAN No. 3826 Plastic Parts and Products (Surface Coating) NESHAP 2060—AG57
3265 SAN No. 3651 NESHAP: Lime Manufacturing 2060—AG72
3266 SAN No. 3906 NESHAP: Surface Coating of Metal Cans 2060—AG96
3267 SAN No. 3907 NESHAP: Surface Coating of Automobiles and Light—Duty Trucks (Reg Plan Seq No. 118) 2060—AG99
3268 SAN No. 3924 NESHAP: Primary Magnesium Refining 2060—AH03
3269 SAN No. 3968 NESHAP: Site Remediation 2060—AH12
3270 SAN No. 3971 NESHAP: Organic Liquids Distribution (Non—Gasoline) 2060—AH41
3271 SAN No. 4115 NESHAP: Chromium Electroplating Amendment 2060—AH69
3272 SAN No. 4107 NESHAP: Asphalt/Coal Tar Application on Metal Pipes 2060—AH78
3273 SAN No. 4380 NESHAP: Taconite Iron Ore Processing Industry 2060—AJ02
3274 SAN No. 4426 Clarification to Existing Part 63 NESHAP Delegations' Provisions 2060—AJ26
3275 SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendment 2060—AJ42
3276 SAN No. 4591 Benzene Waste Operations NESHAP; Amendments 2060—AJ87
3277 SAN No. 4685 NESHAP: Chlorine Production 2060—AK38
3278 SAN No. 4712 NESHAP: Hazardous Organic NESHAP (HON) Amendments 2060—AK49
3279 SAN No 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments 2060—AK50
3280 SAN No. 4714 NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur
Recovery Units; Amendments 2060—AK51
3281 SAN No 4719 NESHAP for Source Categories: General Provisions; Amendments for Pollution Prevention Alter-
native Compliance Requirements 2060—AK54
3282 SAN No. 4763 NESHAP: Ethylene Processes; Amendments 2060—AK80
3283 SAN No. 4464 Rulemaking on Section 126 Petitions from New York and Connecticut Regarding Sources in Michi-
gan; Revision of Definition of Applicable Requirement for Title V Operating Permit Programs 2060—AJ36
3284 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060—AK41
3285 SAN No. 4441 Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units Con-
structed On or Before November 30, 1999 2060—AJ28
3286 SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision 2060—AI56
3287 SAN No. 4030 Expanded Definitions for Alternative—Fueled Vehicles and Engines Meeting Low—Emission Vehi-
cle Exhaust Emission Standards 2060—AH52
3288 SAN No. 4604 Modification of the Anti—Dumping Baseline Date Cut—Off Limit for Data Used in Development of
an Individual Baseline 2060—AJ82
3289 SAN No. 4626 Control of Emissions from Highway Motorcycles 2060—AJ90
3290 SAN No. 4675 Control of Emissions of Air Pollution From Nonroad Diesel Engines and Fuel (Reg Plan Seq No.
120) 2060—AK27
3291 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060—AI03
3292 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone—Depleting Substances: N—
Propyl Bromide 2060—AK26
3293 SAN No. 4756 Protection of Stratospheric Ozone: Ban on Trade of Methyl Bromide to Nonparties to the Montreal
Protocol 2060—AK67
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73548 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3294 SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling; Substitute Refrigerants 2060—AF37
3295 SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon, and Washington 2012—AA01
3296 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate ... 2060—AI45
3297 SAN No. 4391 Rescinding Finding that Preexisting PM10 Standards No Longer Applicable in Northern Ada
County/Boise, Idaho 2060—AJ05
3298 SAN No. 4548 Compilation of Source—Specific Alternative Methods Being Approved for Source—Category Wide
Application 2060—AJ84
3299 SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision and Minor
Corrections 2060—AJ97
3300 SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Refor-
mulated Gasoline to California Phase 3 Gasoline 2060—AK04
3301 SAN No. 4699 Revisions to Clarify the Scope of the Sufficiency Monitoring Requirements for Federal and State
Operating Permits Programs 2060—AK29
3302 SAN No. 4686 Waste Isolation Pilot Plant (WIPP) FY 2001 Report to Congress 2060—AK39
3303 SAN No. 4722 California Gasoline Technical Correction 2060—AK56
3304 SAN No. 4557 Amendments to the Requirements on Variability in the Composition of Additives Certified Under the
Gasoline Deposit Control Program 2060—AK62
3305 SAN No. 4569 Control of Air Pollution from New Motor Vehicles; Addendum to Second Amendment to the Tier
2/Gasoline Sulfur Regulations 2060—AK63
3306 SAN No. 4706 Anti—Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060—AK69
3307 SAN No. 4758 Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Reformu-
lated and Conventional Gasoline Including Butane Blenders and Attest Engagements 2060—AK77
3308 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and Recovery/Recycling Equip-
ment Intended For Use With Substitute Refrigerants 2060—AL77
3309 Revisions to Federal Operating Permits Program Fee Payment Deadlines for California Agricultural Sources 2060—AL82
3310 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2004 2060—AM01
3311 Air Quality Designations and Classifications for the 8—Hour Ozone NAAQS 2060—AMOS
3312 Protection of Stratospheric Ozone; Refrigerant Recycling; Amended Leak Repair Requirements for Refrigeration
and Rir—Conditioning Equipment 2060—AM05
3313 SAN No. 4278 Project XL Site—Specific Rulemaking for Andersen Corporation's Facility in Bayport, Minnesota 2090—AA21
3314 National Emission Standards for Hazardous Air Pollutants: Site—Specific Regulation for Packaging Corporation of
America in Tomahawk, Wisconsin 2090—AA33
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Long—Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3315
3316
3317
3318
3319
3320
3321
3322
3323
3324
3325
3326
3327
3328
3329
SAN No. 4695 NESHAP: Off—Site Waste and Recovery Operations Residual Risk Standard
SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment
SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(3); Revisions to the List of Substances
SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide
SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter
SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand)
SAN No. 2841 NESHAP: Chromium Electroplating Amendment
SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non—Federal Class I Areas
SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under SNAP Program
SAN No. 4096 Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States
SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards
SAN No. 4657 NESHAP: Group II Polymers and Resins —Residual Risk Standards
SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards
SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations — Residual
Risk Standard
2060—AK68
2050—AE95
2050—AE96
2060—AI43
2060—AI44
2060—AA61
2060—AH08
2060—AG31
2060—AH01
2060—AG12
2060—AH87
2060—AK08
2060—AK13
2060—AK16
2060—AK17
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73549
EPA
CLEAN AIR ACT (CAA)—Long—Term Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3330 SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060—AK18
3331 SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards 2060—AK19
3332 SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating — Residual Risk Standards 2060—AK20
3333 SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations — Residual Risk Standards 2060—AK21
3334 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning —Residual Risk Standards 2060—AK22
3335 SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 2060—AK23
3336 SAN No. 4664 NESHAP: Printing and Publishing Industry — Residual Risk Standards 2060—AK24
3337 SAN No. 4663 NESHAP: Petroleum Refineries — Residual Risk Standards 2060—AK25
3338 SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Elec-
troplating and Chromium Anodizing Tanks — Residual Risk Standards 2060—AK72
3339 SAN No. 4782 Petition to Delist Hazardous Air Pollutant: 4,4'—Methylene Diphenyl Diisocyanate 2060—AK84
3340 SAN No. 4656 NESHAP: Group I Polymers and Resins — Residual Risk Standards 2060—AK12
3341 SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060—AK14
3342 SAN No. 4658 NESHAP: Group IV Polymers and Resins — Residual Risk Standards 2060—AK15
3343 SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions from the District of Columbia,
Delaware, Maryland, and New Jersey 2060—A199
3344 SAN No. 3910 Streamlined Evaporative Test Procedures 2060—AH34
3345 SAN No. 4682 Revisions to the Appeal Procedures and the Federal NOx Budget Trading Program, Parts 78 and
97 2060—AK36
3346 SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program—Part 71 2060—AG92
3347 SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to Section 502 of the
Clean Air Act 2060—AK46
3348 SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures 2060—AE20
3349 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060—AH31
3350 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060—AJ86
3351 SAN No. 4691 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Clean
Units 2060—AK42
3352 SAN No. 4783 Voluntary Superior Monitoring 2060—AK85
3353 Consideration of Industry Petition to Remove the Two—Piece Can Subcategory From the Clean Air Act Hazardous
Air Pollutant Source Category List 2060—AL86
3354 Consideration of Industry Petition to Remove Ethylene Glycol Monobutyl Ether from the Clean Air Act List of Haz-
ardous Air Pollutants 2060—AL87
3355 Control of Emissions of Air Pollution From New Motor Vehicles: On—Board Diagnostic Requirments for Heavy—
Duty Engines and Vehicles Above 14,000 Pounds and In—Use, Not—To—Exceed Emission Standard Testi 2060—AL92
3356 NESHAP. Ferroalloys Production: Ferromanganese and Silicomanganese Residual Risk Standards 2060—AL93
3357 Mineral Wool Production Residual Risk Standard 2060—AL96
3358 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060—AL99
3359 NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060—AMOO
3360 Repeal of Vacated PM10 National Ambient Air Quality Standards and Related Requirements 2060—AM02
3361 Air Quality Designations for the PM—2.5 NAAQS 2060—AM04
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3362
3363
3364
3365
3366
3367
3368
3369
3370
SAN No. 4466 Overview of Rulemakings for the Purpose of Reducing Interstate Ozone Transport
SAN No. 3259 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
consideration
SAN No. 4104 NESHAP: Hydrochloric Acid Production Industry
SAN No. 3470 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51)- Adoption of a
Preferred Long Range Transport Model and Other Revisions
SAN No. 3346 NESHAP: Integrated Iron and Steel
SAN No. 3326 NESHAP: Reinforced Plastic Composites Production
SAN No. 3746 NESHAP: Paint Stripping Operations
SAN No. 3902 NESHAP: Semiconductor Production
SAN No. 3479 Amendments to Parts 51, 52, 63, 70, and 71 Regarding the Provisions for Determining Potential To
Emit
2060—AJ20
2060—AL74
2060—AH75
2060—AF01
2060—AE48
2060—AE79
2060—AG26
2060—AG93
2060—AI01
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73550
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3371 SAN No. 3824 NESHAP: Metal Furniture (Surface Coating) 2060—AG55
3372 SAN No. 3655 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing 2060—AG66
3373 SAN No. 3652 NESHAP: Refractory Products Manufacturing 2060—AG68
3374 SAN No. 3909 NESHAP: Printing, Coating and Dyeing of Fabrics and other Textiles 2060—AG98
3375 SAN No. 3904 NESHAP: Wood Building Products (Surface Coating) 2060—AH02
3376 SAN No. 4022 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks 2060—AH55
3377 SAN No. 4111 NESHAP: Fumed Silica Production 2060—AH72
3378 SAN No. 4162 NESHAP: Oil and Natural Gas Production 2060—AI13
3379 SAN No. 4343 NESHAP: Clay Ceramics Manufacturing 2060—AI68
3380 SAN No. 4144 NESHAP: Engine Test Cells/Stands 2060—AI74
3381 SAN No. 4449 NESHAP: Flexible Polyurethane Foam Fabrication Operations 2060—AJ19
3382 SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing 2060—AJ91
3383 SAN No. 4715 NESHAP: Sources Categories: General Provisions; and Requirements for Control Technology De-
terminations for Major Sources in Accordance with Clean Air Act Sections 112(g) and 1120'); Amendments 2060—AK52
3384 SAN No. 4723 NESHAP: Secondary Aluminum Industry Amendments 2060—AK57
3385 SAN No. 4773 NESHAP: Rubber Tire Manufacturing: Technical Correction 2060—AK82
3386 SAN No. 4749 Amendment to Project XL Site—Specific Rulemaking for Georgia—Pacific Corporation/s Facility in
Big Island, Virginia 2060—AK71
3387 SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
tine Maintenance, Repair, and Replacement 2060—AK28
3388 SAN No. 4495 Revisions to Regional Haze Rule To Incorporate Sulfur Dioxide Milestones and Backstop Emis-
sions Trading Program for Nine Western States 2060—AJ50
3389 SAN No. 4671 Amendments to Compliance Certification Requirements for State and Federal Operating Permits
Programs 2060—AK11
3390 SAN No. 4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production and
Consumption 2060—AJ27
3391 SAN No. 3741 Service Information Regulation for Light—Duty Vehicles and Trucks 2060—AG13
3392 SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40 CFR Part 51) 2060—AI47
3393 SAN No. 4583 Modification of Federal On—Board Diagnostic Regulations for 2004 Model Year Vehicles Below
14,000 Pounds 2060—AJ77
3394 SAN No. 4600 State and Federal Operating Permits Program: Removal of Amendments to Part 70 and Part 71
Compliance Certification Requirements 2060—AJ89
3395 SAN No. 4694 Extension of Alternative Compliance Periods under the Anti—Dumping Program 2060—AK43
3396 SAN No. 4721 Control of Air Pollution from New Motor Vehicles: Amendment to the Tier 2 Motor Vehicle Emission
Standards 2060—AK55
3397 SAN No. 4786 Standards for Reformulated and Conventional Gasoline (Section 610 Review) (Completion of a
Section 610 Review) 2060—AK65
3398 SAN No. 4787 Inspection/Maintenance Program Requirements (Completion of a Section 610 Review) 2060—AK66
3399 SAN No. 4760 Stay of Authority Under 40 CFR 50.9(b) Related to Applicability of 1—Hour Ozone Standard 2060—AK78
3400 SAN No. 4774 Reclassification as Nonroad Engines for Diesel Engines Used in the State of California Agricultural
Pump Application 2060—AK83
3401 Revisions to the Regional Haze Rule To Correct Mobile Source Provisions in the Optional Program for Nine West-
ern States and Eligible Indian Tribes Within That Geographic Area 2060—ALSO
3402 SAN No. 4471 Project XL Site—Specific Rulemaking for Georgia—Pacific Corporation Facility in Big Island, Vir-
ginia 2090—AA26
3403 SAN No. 4533 New Jersey Gold Track Project XL Rule 2090—AA28
ATOMIC ENERGY ACT (AEA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3404
3405
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low—Activity Mixed Radioactive
Waste
Approaches to an Integrated Framework for Management and Disposal of Low—Activity Radioactive Waste: Re-
quest for Comment
2060—AH63
2060—AL78
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73551
EPA
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3406 SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Subpart
A 2060—AH90
ATOMIC ENERGY ACT (AEA)—Final Rule Stage
Sequence Title ldRe6n9tiUficat?on
Number Number
3407 SAN No. 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria 2060—AJ07
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
_ Regulation
Sequence Tit, Identification
Number Number
3408 SAN No. 4727 Endocrine Disrupter Screening Program; Priority Setting Criteria (Reg Plan Seq No. 101) 2070—AD59
3409 SAN No. 4789 Pesticide Worker Protection Rule (Section 610 Review) (Section 610 Review) 2070—AD66
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Regulation
Mqutnce Title Identification
Number Number
3410 SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals 2070—AC12
3411 SAN No. 4173 Pesticides; Data Requirements for Antimicrobials 2070—AD30
3412 SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products 2070—AD51
3413 SAN No. 4728 Endocrine Disrupter Screening Program; Implementing the Screening and Testing Phase (Reg
Plan Seq No. 108) 2070—AD61
3414 SAN No. 4610 Acceptability of Research Using Human Subjects (Reg Plan Seq No. 107) 2070—AD57
3415 SAN No. 4170 Pesticides; Procedures for the Registration Review Program 2070—AD29
3416 SAN No. 4216 Pesticides; Emergency Exemption Process Revisions (Reg Plan Seq No. 106) 2070—AD36
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Regulation
Sequence Tjtie Identification
Number Number
3417 SAN No. 4027 Pesticides; Tolerance Processing Fees 2070—AD23
3418 SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment 2070—AB95
3419 SAN No. 3731 WPS; Pesticide Worker Protection Standard (WPS); Glove Amendment 2070—AC93
3420 SAN No 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products 2070—AD14
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long—Term Actions
Regulation
Sequence -ritle Identification
Number Number
3421 SAN No. 4175 Pesticide Tolerance Reassessment Program 2070—AD24
3422 SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for those Based on Viral Coat Proteins 2070—AD49
3423 SAN No. 4611 Plant—Incorporated Protectants (PIPs); Exemption for Those Derived through Genetic Engineering
from Sexually Compatible Plants 2070—AD55
3424 SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs that Act by Primarily Affecting the Plant 2070—AD56
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73552 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long—Term Actions (Continued)
Sequence
Number
3425
3426
Title
SAN No. 3222 Groundwater and Pesticide Management Plan Rule
SAN No. 4609 Pesticides; Exemption of Medical Devices Treated with Antimicrobial Pesticides
Regulation
Identification
Number
2070— AC46
2070— AD54
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
3427
3428
Title
SAN No. 4767 Endangered Species and Pesticide Re
SAN No. 3432 Pesticide Management and Disposal
jgulation
Regulation
Identification
Number
2070— AD62
2020— AA33
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3429
SAN No. 4788 Lead; Requirements for Lead—Based Paint Activities in Target Housing and Child—Occupied Fa-
cilities (Section 610 Review) (Section 610 Review)
2070—AD65
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3430
3431
3432
3433
3434
3435
3436
3437
Title
SAN No. 3557 Lead — Based Paint Activities; Training and Certification for Renovation and Remodeling (Reg Plan
Seq No. 105)
SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
(40 CFR Part 723)
SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No. 4395 Test Rule; Developmental and Reproductive Toxicity
SAN No 3301 TSCA Inventory Update Rule Revisions
SAN No. 1923 Follow — Up Rules on Existing Chemicals
SAN No. 4512 Significant New Use Rule; Selected Flame Retardant Chemical Substances for Use in Residential
Upholstered Furniture
Regulation
Identification
Number
2070— AC83
2070— AD52
2070— AD58
2070— AB79
2070— AD44
2070— AD63
2070 — AA58
2070— AD48
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3438
3439
3440
3441
3442
3443
3444
3445
3446
Title
SAN No. 4172 Lead; Notification Requirements for Lead — Based Paint Abatement Activities and Training
SAN No. 1976 Significant New Use Rules; Follow — Up Rules on Non — 5(e) New Chemical Substances ..
SAN No. 3495 Significant New Use Rule (SNUR); Chemical — Specific SNURs To Extend Provisions of Section
5(e) Orders
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 3990 Test Rule; Certain High Production Volume (HPV) Chemicals
SAN No. 4425 Test Rule; In Vitro Dermal Absorption Rate Testing of Certain Chemicals of Interest to the Occupa-
tional Safety and Health Administration
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. 3118 TSCA Section 8(e) Policy; Notice of Clarification .
Regulation
Identification
Number
2070— ADS 1
2070— AA59
2070 — AB27
2070— AC76
2070— AD 16
2070— AD42
2070— AB08
2070— AB 11
2070— AC80
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73553
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long—Term Actions
Sequence
Number
3447
•2440
3449
^4
-------
73554
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
Sequence
Number
3471
3472
Title
SAN No. 3993 Emergency Planning and Community Right — to — Know Act; Extremely Hazardous Substances List;
Modification of Threshold Planning Quantity for Isophorone Diisocyanate
SAN No 3007 TRI' Chemical Expansion' Finalization of Deferred Chemicals
Regulation
Identification
Number
2050— AE43
2025— AA01
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3473
3474
3475
3476
3477
3478
3479
3480
3481
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Ma-
terials
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers (Reg Plan Seq No. 110)
SAN No. 4230 Revisions to Solid Waste Landfill Criteria—Leachate Recirculation on Alternative Liners
SAN No. 4651 Increase Metals Reclamation From F006 Waste Streams (Reg Plan Seq No. 111)
SAN No. 4778 Revisions of the Lead—Acid Battery Export Notification and Consent Requirements
SAN No. 4743 Land Disposal Restrictions: Determination of Equivalent Treatment for Macroencapsulation of Ra-
dioactive Lead Solids; Definition of Macroencapsulation
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Reg Plan
Seq No. 109)
Regulatory Amendments to the F019 Hazardous Waste Listing To Exclude the Wastewater Treatment Sludges
From the Chemical Conversion Coating Process (Zinc Phosphating) of Automobile Bodies of Aluminum (Reg
Plan Seq No. 113)
RCRA Incentives for Performance Track Members
2050—AE23
2050—AE81
2050—AE67
2050—AE97
2050—AF06
2050—AF12
2050—AE01
2050—AG15
2090—AA34
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3482
3483
3484
3485
3486
3487
3488
3489
3490
3491
3492
3493
Title
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities (Reg Plan Seq No. 123)
SAN No 3856 Management of Cement Kiln Dust (CKD) (Reg Plan Seq No. 122)
SAN No 3989 Methods Innovation Rule . . . .. ....
SAN No 4588 Research Development and Demonstration Permits for Municipal Solid Waste Landfill
SAN No 3147 Hazardous Waste Manifest Regulation (Reg Plan Seq No. 121)
SAN No 4084 Office of Solid Waste Burden Reduction Initiative (Reg Plan Seq No. 124) . ...
SAN No 4091 Modifications to RCRA Rules Associated With Solvent — Contaminated Industrial Wipes
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs) and Mercury — Containing Equipment: Changes to Haz-
ardous Waste Regulations (Reg Plan Seq No. 125) . ...
SAN No 4670 Revisions to the Definition of Solid Waste . . . .. ... ....
SAN No. 4439 Project XL — Ortho — McNeil Pilot Project Allowing On — Site Treatment of Low — Level Mixed
Wastes Without RCRA Permit
SAN No. 4534 Project XL Site — Specific Rulemaking for Anne Arundel County Millersville Landfill, Severn, Mary-
land
SAN No. 4565 Project XL Site — Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hope-
well Junction. New York
Regulation
Identification
Number
2050— AE44
2050— AE34
2050— AE41
2050— AE92
2050— AE21
2050— AE50
2050— AE51
2050— AE52
2050— AE98
2090— AA1 4
2090— AA25
2090— AA29
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long—Term Actions
Sequence
Number
3494
SAN No. 4469 Standards
Minefillina
Title
for the Management of Coal Combustion Wastes — Nonpower Producers and
Regulation
Identification
Number
2050— AE83
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73555
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long—Term Actions (Continued)
Sequence
Number
3495
3496
3497
3498
3499
3500
3501
3502
Title
SAN No. 4411 Regulation of Hazardous Oil — Bearing Secondary Materials from Petroleum Refining Industry and
Other Hazardous Secondary Materials Processed in a Gasification System To Produce Synthesis Gas — Final
Rule
SAN No 4735 RCRA Burden Reduction Initiative Phase 2 .
SAN No. 4701 E— Cycling Pilot Project for Region 3 States (EGOS); Streamlining RCRA Regulations To Encour-
age Reuse Recycling and Recovery of Electronic Equipment
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. 3066 Listing Determination and LDR for Wastes Generated During the Manufacture of Azo,
Anthraquinone and Triarylmethane Dyes and Pigments
SAN No 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development
SAN No 2647 RCRA Subtitle C Financial Test Criteria (Revision) . . .
Regulation
Identification
Number
2050— AE78
2050— AF01
2003— AAOO
2050— AD69
2050— AD80
2050— AE84
2050— AE93
2050— AC71
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3503
3504
3505
' 3506
3507
Title
SAN No. 4525 Criteria for Classification of Solid Waste Disposal Facilities and Practices and Criteria for Municipal.
Solid Waste Landfills' Disposal of Residential Lead — Based Paint Waste
SAN No 4575 Municipal Solid Waste Landfill Location Restrictions for Airport Safety
SAN No 4088 Recycled Used Oil Containing PCBs' Amendments . ...
SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners From Primary Aluminum Re-
duction (K088) and Regulatory Classification of K088 Vitrification Units
SAN No. 4238 Amendment to Project XL Rulemaking and Final Project Agreement (FPA) for New England Univer-
sities Laboratories
Regulation
Identification
Number
2050— AE86
2050— AE91
2050— AF07
2050— AE65
2090— AA32
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
3508
3509
TRin
3511
Title
SAN No 3439 National Priorities List for Uncontrolled Hazardous Waste Sites' Proposed and Final Rules
SAN No 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities
SAN No 4379 Standards and Practices for Conducting "All Appropriate Inquiry" (Reg Plan Seq No. 112) . ..
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions
Regulation
Identification
Number
2050— AD75
2050— AF03
2050— AF 04
2050— AE62
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long—Term Actions
Sequence
Number
3512
oc-1 q
3514
Title
SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate — Related Hazardous Waste
SAN No 4201 Criteria for the Desiqnation of Hazardous Substances under CERCLA Section 102(a)
SAN No 4736 Administrative Reporting Exemption for Certain Air Releases of NOx ...
Regulation
Identification
Number
2050— AE 12
2050— AE63
2050— AF02
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73556 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3515
SAN No. 4740 Clarification to Interim Standards and Practices for All Appropriate Inquiry Under CERCLA and No-
tice of Future Rulemaking Action
2050—AF05
CLEAN WATER ACT (CWA)—Prerule Stage
Sequence
Number
3516
3517
3518
Title
SAN No 4344 Water Quality Standards for Indian Country Waters
SAN No. 4690 National Pollutant Discharge Elimination System Permit Requirements for Municipal Wastewater
Treatment During Wet Weather Conditions — Proposed Policy
SAN No 4792 Sewage Sludge Round I (Section 610 Review)
Regulation
Identification
Number
2040— AD46
2040— AD87
2040— AD96
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3519
3520
3521
3522
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
SAN No. 4766 Effluent Guidelines Program Plan for 2004/2005
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
SAN No. 4623 Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions (Reg Plan Seq No. 114)
2050—AE87
2040—AD92
2040—AD71
2040—AD82
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3523
3524
3525
3526
3527
3528
3529
3530
3531
3532
3533
3534
Title
SAN No. 4280 Effluent Guidelines and Standards for the Construction and Development Industry (Reg Plan Seq
No. 129)
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
Dissolving Kraft and Dissolving Sulfite Subcategories (Phase 111)
SAN No 4406 Effluent Guidelines and Standards for the Concentrated Aquatic Animal Production Industry .
SAN No. 4407 Effluent Guidelines and Standards for the Meat and Poultry Products Point Source Category (Revi-
sions) . .
SAN No. 4776 Effluent Guidelines and Standards for the Centralized Waste Treatment Point Source Category
(Revision) .
SAN No 4264 Water Quality Standards for Alabama — Phase II
SAN No. 4474 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act Phase 2 (Reg Plan Seq No. 130)
SAN No 3288 Comparison of Dredged Material to Reference Sediment
SAN No 3488 Round 2 Standards for the Use or Disposal of Sewage Sludge
SAN No 4624 Modification to Competitive Process Used by EPA for Wetland Program Development Grants
Sludge: Agency Response to the National Research Council Report on Biosolids Applied to Land and the Results
of EPA's Review of Existing Sewage Sludge Regulations
Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
Regulation
Identification
Number
2040— AD42
2040— AD49
2040— AD55
2040— AD56
2040— AD95
2040— AD35
2040— AD62
2040— ACM
2040— AC25
2040— AD83
2040— AE59
2040— AE61
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73557
EPA
Sequence
Number
v
-------
73558 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage (Continued)
Sequence
Number
3562
3563
Title
SAN No. 4769 National Primary and Secondary Drinking Water Regulations: Approval of Additional Method for the
Detection of Coliforms and E. Coli. in Drinking Water
National Primary Drinkina Water Regulations: Analytical Method for Uranium
Regulation
Identification
Number
2040— AD90
2040— AE62
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)—Long—Term Actions
Sequence
Number
3564
3565
3566
3567
3568
3569
Title
SAN No 2281 National Primary Drinking Water Regulations' Radon
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and
Technical Corrections to the NSDWR
SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Additional Distribution System Requirements ...
SAN No 4745 Drinking Water Contaminant Candidate List 3 .
SAN No 4236 Underground Injection Control' Update of State Programs
Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking Water Contaminant
Candidate List
Regulation
Identification
Number
2040 — AA94
2040— AD54
2040— AD94
2040 — AD99
2040— AD40
2040— AE60
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3570
3571
Title
SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contaminants on the Drinking Water Con-
taminant Candidate List
SAN No 4424 6 — Year Review of Existing National Primary Drinking Water Regulations
Regulation
Identification
Number
2040— AD61
2040— AD67
SHORE PROTECTION ACT (SPA)—Long—Term Actions
Sequence
Number
3572
Title
SAN No 2820 Shore Protection Act Section 41 03(b) Regulations
Regulation
Identification
Number
2040— AB85
Environmental Protection Agency (EPA)
General
Prerule Stage
3156. PERSISTENT,
BIOACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Other Significant
Legal Authority: "Not Yet Determined"
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: As described in the Agency's
1998 PBT Strategy, EPA is developing
and implementing National Action
Plans for certain priority PBT
pollutants. These pollutants pose risks
because they are toxic, persist in
ecosystems, and accumulate in fish and
up the food chain. The PBT challenges
remaining stem from the pollutants'
ability to travel long distances, to
transfer rather easily among air, water,
and land, and to linger for generations.
EPA is forging a new approach to
reduce risks from and exposures to
priority PBT pollutants through
increased coordination among EPA
national and regional programs. This
approach also requires the significant
involvement of stakeholders, including
international, state, local, and tribal
organizations, the regulated
community, environmental groups, and
private citizens. EPA is initially
focusing action on 12 substances either
individually or as categories and two
major cross—cutting issues (monitoring
and outreach/risk communication). The
action plans will use the full range of
tools to prevent and reduce releases of
these substances. These tools include
international, voluntary, outreach,
programmatic, remedial, compliance
monitoring and assistance,
enforcement, research, and regulatory
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73559
EPA—General
Prerule Stage
tools. EPA will integrate and sequence
actions within and across action plans,
and will seek to leverage these actions
on international and industry—sector
bases. Beyond these first 12 substances
EPA will identify additional PBTs for
development of National Action Plans.
Although these plans are not regulatory
actions, EPA has included them in the
Regulatory Agenda to inform the public
and regulated community because the
action plans may discuss regulatory
alternatives for consideration.
Timetable:
Action
Date
FR Cite
Notice 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4463.
Agency Contact: Tom Murray,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7409M, Washington,
DC 20460
Phone: 202 564—8829
Fax: 202 564—8901
Email: murray.tom—hq@epa.gov
Paul Matthai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7409M,
Washington, DC 20460
Phone: 202—564—8839
Fax: 202 564—8899
Email: matthai.paul@epamail.epa.gov
RIN: 2070-AD45
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3157. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: PL 101—507; PL
102—389; PL 101—549 "sec 1001"; 42
USC 9605(f); PL 100—590; EO 12432;
EO 12138; EO 11625
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 Clinton
Administration's 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
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4056.
Agency Contact: Mark Gordon,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202—260—8886
Fax: 202 501—0139
Email: gordon.mark@epamail.epa.gov
David Sutton, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230A,
Washington, DC 20460
Phone: 202—564—4444
Fax: 202 501—0756
Email: sutton.david@epamail.epa.gov
RIN: 2020-AA39
3158. 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 11/00/03
Final Action 01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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
3159. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
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73560
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—General
Proposed Rule Stage
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—cutting
requirements into the NEPA process.
Timetable:
Action Date FR Cite
NPRM
Final Action
06/00/04
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4292.
Agency Contact: Katherine Biggs,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202—564—7144
Fax: 202 564—0070
Email: biggs.katherine@epamail.epa.gov
Joseph Montgomery, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202—564—7157
Email:
montgomery.joseph@epamail.epa.gov
RIN: 2020-AA42
3160. • REPORT TO CONGRESS ON
ENFORCEMENT DATA CONCERNING
SMALL ENTITIES
Priority: Info./Admin./Other. Major
status under 5 USC 801 is
undetermined.
Legal Authority: Not Yet Determined
CFR Citation: 00 CFR NYD
Legal Deadline: Final, Statutory,
December 31, 2003, Final.
Other, Statutory, December 31, 2004,
Other.
Abstract: The Small Business
Paperwork Relief Act of 2002 requires
agencies to submit reports concerning
enforcement activities conducted with
respect to small entities. An initial
report, covering activities in FY 2003,
is due by December 31, 2003, with a
final report, covering FY 2004
activities, due one year later.
Timetable:
Timetable:
Action
Date FR Cite
Report to Congress 12/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4842.
Agency Contact: Gerard Kraus,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2201A, Washington DC, DC
20460
Phone: 202 564—6047
Fax: 202 564—0017
Email: kraus.gerard@epa.gov
Deborah Thomas, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2224A, Washington, DC
20460
Phone: 202 564—5041
Fax: 202 564—0037
Email: thomas.deborah@epa.gov
RIN: 2020-AA45
3161. PRIVACY ACT REGULATIONS
(REVISED)
Priority: Info./Admin./Other
Legal Authority: 5 USC 552a
CFR Citation: 40 CFR 16 (revised)
Legal Deadline: None
Abstract: This action proposed to
revise the Privacy Act regulation to
exempt new systems and systems
currently claiming to be exempt from
the Act. Other revisions are generally
minor and include revising the access
provision so that a copy of a record
can be obtained without a personal
inspection; changing the time limit for
appeals of denials from 10 days to 30
days; changing the process for
accessing Privacy Act records and
contesting Privacy Act records from the
system manager to the Freedom of
Information Office; and referring
appeals from denials of system of
records maintained by the Office of
Inspector General to that office for
decision. The proposed rule does not
have implications on small businesses
nor state/local/tribal government.
Action
Date FR Cite
NPRM
Final Action
03/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4693.
Agency Contact: Judy Hutt,
Environmental Protection Agency,
Office of Environmental Information,
2822T, Washington, DC 20460
Phone: 202 566—1668
Fax: 202 566—1639
Email: hutt.judy@epa.gov
Deborah Williams, Environmental
Protection Agency, Office of
Environmental Information, 2822T,
Washington, DC 20460
Phone: 202—566—1659
Fax: 202 566—1648
Email:
williams.deborah@epamail.epa.gov
RIN: 2025-AA13
3162. REVISION TO EPAAR 1552.211—
73, LEVEL OF EFFORT
Priority: Substantive, Nonsignificant
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
12/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4191.
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—4369
Fax: 202 565—2551
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73561
EPA—General
Proposed Rule Stage
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3163. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: "Not Yet Determined"
CFR Citation: 00 CFR NYD
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
12/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4319.
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—4377
Email:
humphries.daniel@epamail.epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202—564—4379
Fax: 202 565—2552
Email: mcwhirter.cal@epamail.epa.gov
RIN: 2030-AA67
3164. CONTINUATION OF
IMPLEMENTING THE EMPOWERMENT
INITIATIVE
Priority: Substantive, Nonsignificant
Legal Authority: "Not Yet Determined"
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: EPA's Office of Acquisition
Management conducted an internal
assessment of its organization and
determined that in some situations
there were too many levels of review
required prior to making contract
awards and other contract—related
decisions. Consequently, steps were
taken to revise internal policies to
eliminate certain higher level reviews
and give authority and responsibility
for making decisions relating to
contract actions to the qualified
individuals most familiar with the
contracting action. This rule is being
issued as a direct final rule because the
changes being made are not considered
controversial and adverse comments are
not expected.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4742.
Agency Contact: Jill Robbins,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—1052
Fax: 202 565—2475
Email: robbins.jill@epamail.epa.gov
RIN: 2030-AA81
3165. • MISCELLANEOUS REVISIONS
TO EPAAR CLAUSES
Priority: Info./Admin./Other. Major
status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 301; Sec (c),
63 Stat. 390, as amended; 40 USC 486
(c); 41 USC 418(b)
CFR Citation: 48 CFR 1515; 48 CFR
1535; 48 CFR 1552
Legal Deadline: None
Abstract: This rule includes
administrative changes to various
EPAAR clauses, such as address
changes and points of contact. Nothing
substantive will be affected.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4813.
Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—4377
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA84
3166. • ON—SITE AND OFF—SITE
BACKGROUND CHECKS PERFORMED
BY EPA AND CONTRACTORS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 301; Sec 205(c),
63 Stat 390, as amended; 40 USC 486
(c); 41 USC 418 (b)
CFR Citation: 48 CFR 1511; 48 CFR
1552
Legal Deadline: None
Abstract: This rule will require
contractors to perform background
checks and make suitability
determinations before contractor
employees can perform services on—
site.
-------
73562 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—General
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/04
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4814.
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—4366
Email: schaffer.paul@epa.gov
RIN: 2030-AA85
3167. • CONTRACT BUNDLING
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 5 USC 301; 41 USC
418 (b); Sec 205(c), 63 Stat 390 as
amended
CFR Citation: 48 CFR 1519; 48 CFR
1552
Legal Deadline: None
Abstract: In March of 2003, the
President called on the Office of
Management and Budget to prepare a
strategy for unbundling Federal
contracts. Federal contracting
opportunities for Small Businesses have
been dramatically reduced because of
contract bundling. Contract bundling
occurs when two or more procurement
requirements for goods or services
previously provided or performed
under separate, smaller contracts is
consolidated into a solicitation of offers
for a single contract that is unlikely to
be suitable for award to a small
business concern. OMB's plan will
require all agencies to uniformly review
requirements prior to contract
bundling. In addition, the plan will
require contract bundling reviews for
task and delivery orders under multiple
award contract vehicles. Senior agency
management will be held accountable
for eliminating unnecessary contract
bundling and mitigating the effects of
necessary and justified contract
bundling. In acquisitions where
contract bundling is determined to be
necessary and justified, actions will be
taken to mitigate the effects by
increasing subcontracting opportunities
for sniall business. EPA's Office of
Small and Disadvantaged Business
Utilization and OAM will be working
closely to eliminate unnecessary
contract bundling and mitigate the
effects of necessary contract bundling.
Additional agency guidance and
training will be forthcoming.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/03
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Patrick Murphy,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—4382
Email: murphy.patrick@epa.gov
RIN: 2030-AA86
3168. WASTE ISOLATION PILOT
PLANT (WIPP) FY 2002 REPORT TO
CONGRESS
Priority: Info./Admin./Other
Legal Authority: PL 102—579 sec
23(a)(2)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This Report to Congress is
required by section 23(a){2) of the WIPP
Land Withdrawal Act, which requires
EPA to submit an annual report to
Congress "on the status of and
resources required for the fulfillment of
the Administrator's responsibilities
under the Act" regarding the Waste
Isolation Pilot Plant [WIPP). This report
summarizes the activities and progress
EPA has made in fulfilling its
responsibilities under the Act and
outlines the resources required for the
Agency to meet its commitments. The
WIPP is an underground repository for
the permanent disposal of radioactive
waste generated as byproducts from
nuclear weapons production. It was
constructed by the Department of
Energy (DOE) and is located near
Carlsbad, New Mexico. In 1998, EPA
certified that the WIPP complies with
EPA's radioactive waste disposal
standards at subpart B and C of 40 CFR
191 and EPA's WIPP compliance
criteria at 40 CFR 194, and thus is safe
to contain radioactive waste. Since that
time, the DOE has begun emplacing
waste in the WIPP. The waste is stored
approximately 2,100 feet underground
in excavated, natural salt formations.
EPA also has responsibility for assuring
continual compliance with EPA's
radioactive waste disposal standards.
EPA continues to have an oversight role
at the WIPP to ensure that it continues
to protect human health and the
environment. This Report summarizes
EPA's activities past and present.
Timetable:
Action
Date
FR Cite
Report to Congress 11 /00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4761.
Agency Contact: Ray Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—4625
Fax: 202 565—2062
Email: lee.ray@epamail.epa.gov
RIN: 2060-AK79
3169. • PROJECT XL SITE—SPECIFIC
RULEMAKING FOR THE NASA WHITE
SANDS TEST FACILITY IN LAS
CRUCES, NEW MEXICO (PHASES III
TO VI)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 33 USC 2701—2761;
42 USC 300(f) to 300(j)—26; 42 USC
6901 to 6992(k); ...
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The United States
Environmental Protection Agency has
entered into a final project agreement
with the National Aeronautics and
Space Administration (NASA) White
Sands Test Facility in Las Cruces, New
Mexico, that would modify the
reporting requirements under the
Resource Conservation and Recovery
Act (RCRA) and the Safe Drinking
Water Act (SDWA). The rule will allow
the facility to submit regulatory reports
and permit information electronically
rather than on paper to the New
Mexico Environment Department
(NMED) Solid Waste Bureau,
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73563
EPA—General
Proposed Rule Stage
Hazardous Waste Bureau, Groundwater
Bureau, and Air Quality Bureau. Doing
so will significantly reduce its
regulatory reporting costs and enhance
the State's ability to analyze and
manage the facility's regulatory and
permit information. The electronic
reporting involves six phases that will
transition NASA from submitting data
on a CD—ROM to utilizing the internet
to transmit data to NMED. This rule
covers Phases III to VI of the project,
the previous NASA White Sands Test
Facility final rule covered Phases I and
II.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/04
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4836.
Agency Contact: Adam Levitan,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington DC, DC 20460
Phone: 202 566—1466
Fax: 202 566—2210
Email: levitan.adam@epa.gov
Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566—2177
Fax: 202 566—2211
Email: perla.donna@epa.gov
RIN: 2090-AA35
Environmental Protection Agency (EPA)
General
Final Rule Stage
3170. IMPLEMENTATION OF
AUTHORITY TO APPOINT RESEARCH
SCIENTISTS UNDER 42 USC
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: The proposed regulation will
implement the Agency's authority
under 42 USC 6A.I.61 section 209(f)
and 209(g) to appoint research
scientists and to take related personnel
actions. Under 42 USC, the Agency has
authority to make appointments of
research scientists and to take related
personnel actions including
determining qualifications, method of
recruitment, selection, duration of
appointment and pay. The Agency's
authority under 42 USC is separate
from and not limited by 5 USC. The
authority granted to the Agency under
42 USC derives from one of the
foundation documents of the Agency:
Reorganization Plan No. 3 of 1970.
Timetable:
Action
Date
FR Cite
Direct Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4747.
Agency Contact: John O'Brien,
Environmental Protection Agency,
Administration and Resources
Management, 3620M, Washington, DC
20460
Phone: 202 564—7876
Fax: 202 564—2904
Email: obrien.johnt@epa.gov
RIN: 2030-AA83
3171. CROSS—MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
(CROMERRR)
Priority: Other Significant
Legal Authority: PL 104—13; PL 105—
277
CFR Citation: 40 CFR 3 (New); 40 CFR
9 (Revision)
Legal Deadline: None
Abstract: As proposed, the Cross—
Media Electronic Reporting (ER) and
Recordkeeping Rule (CROMERRR) was
intended to provide a uniform legal
framework for paperless electronic
reporting and recordkeeping, including
electronic signature/certification, across
EPA's environmental compliance
programs. Based on public comment,
however, EPA now plans to focus on
finalizing the electronic reporting
components of the proposed
CROMERRR, and to defer further action
on the electronic recordkeeping
components until a later time. Under
current plans, the final electronic
reporting (ER) rule will address
electronic reporting by companies
regulated under all of EPA's programs:
air, water, pesticides, toxic substances,
wastes, and emergency response. The
final rule will remove existing
regulatory obstacles to electronic
reporting, and it would set
requirements for companies choosing to
report electronically. In addition, the
rule would set the conditions for
allowing electronic reporting under
State, tribal or local environmental
programs that operate under EPA
authorization. The final ER rule is
intended to make electronic reporting
as simple, efficient, and cost—effective
as possible for regulated companies,
while ensuring that a transition from
paper to electronic reporting does not
compromise EPA's compliance and
enforcement programs. Consequently,
the Agency's strategy is to impose as
few specific requirements as possible,
and to keep those requirements neutral
with respect to technology, so the rule
will pose no obstacles to adopting new
technologies as they emerge. To ensure
that authorized programs at the State,
tribal, and local levels meet EPA's
electronic reporting goals, the final ER
rule would specify a set of criteria that
these program's must satisfy as they
initiate electronic reporting. In response
to public comments, EPA is also
planning to include provisions for a
streamlined process for EPA to review
and approve authorized program
revisions or modifications to allow
electronic reporting. EPA is required by
the Government Paperwork Elimination
Act (GPEA) of 1998 to make the option
of electronic reporting and
recordkeeping available, where
practicable, to its regulated community
by October 2003.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/31/01 66 FR 46161
08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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73564 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—General
Final Rule Stage
Government Levels Affected: Federal,
State, Local, Tribal
or potential threat to the public health,
welfare and the environment.
Action
Additional Information: SAN No. 4270 Timetable:
Agency Contact: Evi Huffer,
Environmental Protection Agency,
Office of Environmental Information,
2823T, Washington, DC 20460
Phone: 202 566—1697
Fax: 202 566—1684
Email: huffer.evi@epa.gov
Date
FR Cite
NPRM
Final Action
01/22/03 68 FR 2988
12/00/03
David Schwarz, Environmental
Protection Agency, Office of
Environmental Information, 2823T,
Washington, DC 20460
Phone: 202 566—1704
Fax: 202 566—1684
Email: schwarz.david@epa.gov
RIN: 2025-AA07
3172. BACKGROUND
INVESTIGATIONS FOR
CONTRACTORS PERFORMING
SERVICES ONSITE
Priority: Substantive, Nonsignificant
Legal Authority: "Not Yet Determined"
CFR Citation: 00 CFR NYD
Legal Deadline: NPRM, Statutory,
September 6, 2002, NPRM.
Final, Statutory, December 5, 2002,
Final.
Abstract: Executive Orders 10450 and
12968 require that all persons entering
Federal service, including contract
employees, be investigated for
suitability. The Environmental
Protection Agency [EPA] is proposing
to amend the EPA Acquisition
Regulation (EPAAR) to add a clause
requiring contractors (and
subcontractors) to perform background
checks and make suitability
determinations for contractor (and
subcontractor) employees performing
services on or within Federally—owned
or leased space and facilities,
commercial space primarily occupied
by Federal employees, and Superfund,
Oil Pollution Act, and Stafford Act
sites. The clause will require
contractors (and subcontractors) to
perform background checks and make
suitability determinations on their
employees before the employees can
perform on—site contract services for
the EPA. Contracting Officers will be
allowed to waive the requirements of
the clause on a case—by—case basis.
The process contemplated by the clause
will allow EPA to mitigate any actual
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4733.
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202—564—4366
Email: schaffer.paul@epa.gov
RIN: 2030-AA80
3173. REGULATORY INCENTIVES FOR
THE NATIONAL ENVIRONMENTAL
PERFORMANCE TRACK PROGRAM
Priority: Other Significant
Legal Authority: "Not Yet Determined"
CFR Citation: 40 CFR 63; 40 CFR 262
Legal Deadline: None
Abstract: The National Environmental
Performance Track is designed to
recognize facilities that consistently
meet their legal requirements and have
implemented high—quality
environmental management systems,
and to encourage them to achieve more
by continuously improving their
environmental performance and
informing and involving the public.
Facilities gain entrance to Performance
Track by submitting an application that
documents that four specific criteria are
met: an operating environmental
management system; commitment to
continuous environmental
improvement through documented past
improvements and future commitments;
engaging the public; and a strong
record of compliance. To promote
participation in the program, and the
environmental and other benefits that
will come with it, EPA intends to offer
several incentives. Among those
incentives are the adjustments in
current regulatory requirements that are
the subjects of this rulemaking. These
include reducing the frequency of
reports required under the Maximum
Achievable Control Technology
(MACT) provisions of the Clean Air
Act; and extending on—site storage of
RCRA waste to 180 days.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/13/02 67 FR 52674
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4473.
URL For More Information:
www.epa.gov/performancetrack
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1808T,
Washington, DC 20460
Phone: 202—566—2884
TDD Phone: 202 566—2884
Fax: 202 566—0966
Email: sachs.robert@epamail.epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1808T, Washington, DC 20460
Phone: 202—566—2872
TDD Phone: 202 566—2872
Fax: 202 566—2985
Email: guest.david@epamail.epa.gov
RIN: 2090-AA13
3174. PROJECT XL SITE—SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO (PHASES I AND II)
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has entered
into an XL (excellence and Leadership)
Final Project Agreement (FPA) with the
National Aeronautics and Space
Administration (NASA) White Sands
Test Facility (WSTF) in Las Cruces, NM
to implement a project that would
modify reporting requirements under
the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking
Water Act (SOWA), Clean Water Act
(CWA) and the Clean Air Act (CAA).
The purpose of this NASA WSTF
Electronic Reporting site—specific rule
is to enable the NASA WSTF to
electronically submit compliance
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Federal Register /Vol. 68, No. 245 / Monday, December 22, 2003/Unified Agenda 73565
EPA—General
Final Rule Stage
reports and permit information to the
New Mexico Environment Department
(NMED) in lieu of submitting paper
reports. The rule will set forth
guidelines to ensure that the
information submitted by NASA WSTF
to NMED is accurate by outlining
procedures for data authentication, use
of electronic signature and encryption
processes. This rule will address Phases
I and II of the project covering
reporting requirements under RCRA
and the SDWA. A second and
subsequent rule will address phases
III—VI of the project covering
additional reporting requirements
under the CWA and CAA.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/31/01 66 FR 55050
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4536.
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202—566—2183
Fax: 202 566—2220
Email:
heinemann.kristina@epamail.epa.gov
Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566—2177
Fax: 202 566—2211
Email: perla.donna@epa.gov
RIN: 2090-AA2 7
Environmental Protection Agency (EPA)
General
Long-Term Actions
3175. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d]; 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a
comprehensive revision of the rules of
practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
rules of practice were originally
promulgated by EPA in 1973. In the
subsequent 30 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
rules of practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA rules
of practice.
Timetable:
Action
Date FR Cite
NPRM
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4618.
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202—564—4047
Fax: 202 564—5644
Email: garrison.scott@epamail.epa.gov
Kevin Lee, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A,
Washington, DC 20460
Phone: 202—564—5619
Fax: 202 564—5644
Email: lee.kevin@epamail.epa.gov
RIN: 2020-AA44
3176. 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: NPRM, Statutory,
August 31, 2000, NPRM.
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 whether
changes are needed to make them more
efficient and effective. Provision 40
CFR 2,205(c), which automatically
protects CBI substantiations claimed as
confidential, is being examined
individually and as part of the CBI
regulations as a whole.
Timetable:
Action
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
NPRM
Date FR Cite
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71 366
08/30/00 65 FR 52684
12/21/00 65 FR 80394
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3240.
Agency Contact: Doreen Sterling,
Environmental Protection Agency,
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73566 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—General
Long-Term Actions
Office of Environmental Information,
2822—T, Washington, DC 20460
Phone: 202—566—1642
Fax: 202 566—1639
Email: sterling.doreen@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822T, Washington, DC
20460
Phone: 202—566—1683
Fax: 202 566—1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
3177. 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 decisionmakers
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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3671.
Agency Contact: William Wood,
Environmental Protection Agency,
Office of Research and Development,
8103, Washington, DC 20460
Phone: 202 564—3358
Email: wood.bill@epamail.epa.gov
RIN: 2080-AA06
Environmental Protection Agency (EPA)
General
Completed Actions
3178. IMPLEMENTATION OF
CHANGES TO GOVERNMENTWIDE
DEBARMENT AND SUSPENSION
COMMON RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 32
Completed:
Reason
Date
FR Cite
Final Action
11/26/03 68 FR 66533
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Robert Meunier
Phone: 202—564—5399
Fax: 202 565—2469
Email: meunier.robert@epamail.epa.gov
RIN: 2030-AA48
3179. NONDISCRIMINATION ON THE
BASIS OF RACE, COLOR, NATIONAL
ORIGIN, HANDICAP, AND AGE IN
PROGRAMS AND ACTIVITIES
RECEIVING FEDERAL FINANCIAL
ASSISTANCE
Priority: Substantive, Nonsignificant
CFR Citation: 28 CFR 42.101 to 42.112;
28 CFR 42.501 to 42.540; 28 CFR
42.700 to 42.736
Completed:
Reason
Date
FR Cite
Final Action 08/26/03 68 FR 51333
Final Action Effective 09/25/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Ann Goode
Phone: 202—564—7334
Email: goode.ann@epamail.epa.gov
RIN: 2020-AA36
3180. FELLOWSHIP GRANT
REGULATION REVISION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 46
Completed:
Reason
Date FR Cite
04/04/03 68 FR 16708
05/05/03
06/03/03
Interim Final Rule
Interim Final Rule
Effective
Interim Final Rule
Comment Period
End
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: W. Scott McMoran
Phone: 202 564—5376
Fax: 202 565—2468
Email: mcmoran.scott@epa.gov
RIN: 2030-AA77
3181. EPA AGENCYWIDE PUBLIC
INVOLVEMENT POLICY
Priority: Substantive, Nonsignificant
CFR Citation: None
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73567
EPA—General
Completed Actions
Completed:
Reason
Date
FR Cite
Final Action 06/06/03 68 FR 33946
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Patricia Bonner
Phone: 202—566—2204
Fax: 202 566—2200
Email: bonner.patricia@epamail.epa.gov
Leanne Nurse
Phone: 202—564—7832
Fax: 202 566—2200
Email: nurse.leanne@epamail.epa.gov
RIN: 2090-AA23
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
3182. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS: MEK
Priority: Substantive, Nonsignificant
Legal Authority: "Clean Air Act
Section 112(b)(3)"
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
February 28, 2000, NPRM.
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:
Date
FR Cite
Notice 05/02/01 66 FR 21929
NPRM 1 05/30/03 68 FR 32606
NPRM 2 11/00/03
NPRM 3 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4313.
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404—01, Research
Triangle Park, NC 27711
Phone: 919—541—2962
Fax: 919 541—0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919—541—5368
Fax: 919 541—0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AI72
3183. NESHAP: PERCHLORETHYLENE
DRY CLEANING FACILITIES
Priority: Info./Admin./Other
Legal Authority: 42 USC 7412; 5 USC
610
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On September 22, 1993 (58
FR 49354), EPA promulgated standards
to control perchlorethylene emissions
from drycleaning facilities under
section 112 of the Clean Air Act (see
40 CFR part 63, subpart M). Pursuant
to section 610 of the Regulatory
Flexibility Act, EPA has reviewed this
rule to determine if it should be
continued without change, or should be
amended or rescinded, to minimize
adverse economic impacts on small
entities. The full results of EPA's
review have been summarized in a
report and placed in docket number
OAR—2003—0029 in EPA's electronic
docket system (www.epa.gov/edocket).
These results are briefly summarized
here.
EPA has concluded that there is
continued need for this rule to protect
public health by reducing harmful
perchloroethylene (PCE) emissions as
mandated by section 112 of the Clean
Air Act. EPA's review also addressed
the following issues: complaints
received, complexity, duplication and
overlap. Regarding complaints, several
commenters urged EPA to make the
rule more stringent to further reduce
or eliminate PCE use. The Agency is
currently addressing these kinds of
considerations as part of its review of
the NESHAP under Clean Air Act
sections 112(d)(6) and 112(f), and
therefore will not address these issues
further here.
A number of commenters cited
recordkeeping burdens, but some also
acknowledged that the requirements
promote efficiency and are consistent
with good business practices. Other
commenters note that while
recordkeeping does impose some
paperwork burden, they do not believe
it translates into significant economic
cost. Another commenter proposed
ways to lessen monitoring and
recordkeeping burden. The Agency
finds that revising the requirements as
proposed by the commenters may lead
to increased PCE emissions and may
fail to demonstrate continued
compliance.
The Agency also found that the rule's
complexity is necessary to minimize
economic impacts on small businesses
while ensuring emissions reductions.
The Agency received no comments
requesting simplification of the rule
requirements. EPA therefore finds that
revisions to the NESHAP based on rule
complexity are not necessary.
The extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules was also assessed as part of this
review. The Agency is not aware of any
instance where the NESHAP conflicts
with State, local, or other requirements,
and received no comments to that
effect.
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73568 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
Finally, the Agency must consider the
degree to which technology, economic
conditions, or other factors have
changed in the area of the rule. As
noted above, although the Agency finds
that no revisions to the NESHAP are
necessary for the purpose of this RFA
review, the Agency will continue to
assess advances in technology as part
of the ongoing review of the NESHAP
that is required by section 112(d)(6) of
the Clean Air Act.
In light of the considerations outlined
above, EPA has decided to continue
this rule in effect without change. A
fuller explanation of the results of this
review is given in the aforementioned
report which has been placed in the
docket established for this review.
Timetable:
Timetable:
Action
Date FR Cite
Begin Review 11 /00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4785.
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202—564—1952
Email: eagles.tom@epamail.epa.gov
RIN: 2060-AK64
3184. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
"CAA 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.
Action
Date FR Cite
NPRM1
NPRM
Notice
02/29/96
11/01/96
12/00/03
61 FR 7858
61 FR 56493
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9870
Fax: 202—565—2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone; 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AF36
3185. REVISION TO POLICY ON
CONTROL OF VOLATILE ORGANIC
COMPOUNDS (VOC)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: EPA is considering the
proposal of revisions to its policy on
control of volatile organic compounds
(VOC), including the use of
photochemical reactivity in controlling
VOCs. As a first step, an ANPRM will
be issued soliciting public comment on
various policy options. Subsequent
steps could range from taking no
further action to publishing a policy
statement in the Federal Register. The
ANPRM is to announce that EPA is
considering revision of its VOC policy
which appeared in the July 8, 1977
Federal Register (42 FR 35314) under
the title "Recommended Policy on
Control of Volatile Organic
Compounds." That policy statement
gave a broad description about how
EPA would approach VOC control. This
policy also said that we would be
exempting certain organic compounds
from control in volatile organic
compound regulations (to meet ozone
ambient air quality limits) due to these
compounds having very low ozone
forming potential. A list of exempt
compounds was later codified in the
definition of VOC at 40 CFR 51.100(s)
which was adopted on February 3,
1992 (57 FR 3941) for use in State
Implementation Plans. The ANPRM
will ask for public comments on
various approaches EPA may use in the
future to take photochemical reactivity
into account in controlling VOCs. For
example, some have argued that we
should determine a specific reactivity
number for each individual compound,
and to control each compound based
on its reactivity number (as opposed to
treating all VOC the same way as we
do now). The ANPRM could lead to
a policy statement, such as the 1977
policy statement, which would give a
broad outline of the new approach EPA
would take in the future. This would
not be a rulemaking, but the revised
policy could lead to new rules being
adopted still further in the future. (Any
such rules would be separately noticed
in the Regulatory Agenda.) For
example, the ANPRM could eventually
lead to a revision of the definition of
VOC at 40 CFR 51.100(s).
Timetable:
Action
Date
FR Cite
ANPRM
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4759.
Agency Contact: William Johnson,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919 541—5245
Fax: 919 541—0824
Email: johnson.williaml@epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202—564—1174
Fax: 202 564—1554
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73569
EPA—Clean Air Act (CAA)
Prerule Stage
Email: keating.terry@epamail.epa.gov
RIN: 2060-AK75
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3186. PETITIONS TO DELIST SOURCE
CATEGORIES FROM THE SOURCE
CATEGORY LIST, DEVELOPED
PURSUANT TO SECTION 112(C) OF
THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory, April
21, 2000, NPRM.
Abstract: The EPA has received one
petition to remove a SC (2—Piece Can
Manufacturing) from the SC List
developed pursuant to section 112(c) of
the Clean Air Act (CAA). The most
current SC list was published on
February 12, 2002 (67 FR 6521).
Section 112(c)(9), which provides the
legislative authority and guidelines for
such actions, states that the
Administrator may delete a SC from the
list under section 112(c), on petition of
any person or on the Administrator's
own motion, whenever the
Administrator determines that no
source in the category emits hazardous
air pollutants (HAPs) in quantities
which may cause a lifetime risk of
cancer greater than 1 in 1 million to
the individual in the population who
is most exposed and that emissions
from no source in the category exceed
a level which is adequate to protect
public health with an ample margin of
safety and that no adverse
environmental effect will result. As of
August 14, 2002, one petition to delist
a SC has been received. It contains
information on HAP emissions,
exposures, health effects, human risks,
and potential ecological concerns as
well as the petitioner's explanation
why the 2—Piece Can Manufacturing
should be removed from the SC List.
The EPA is reviewing the petition.
Once the review is completed, the EPA
will decide whether to grant or deny
the petition. Section 112(c)(9) requires
that within 12 months of receipt of a
petition, the Administrator shall either
grant or deny the petition by publishing
a written explanation of the reasons for
the Administrator's decision.
Timetable:
Action
Date FR Cite
NPRM
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4415.
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404—01, Research
Triangle Park, NC 27711
Phone: 919—541—2962
Fax: 919 541—0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919—541—5368
Fax: 919 541—0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AJ23
3187. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: "CAA 211"
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. The proposed
action will not impact small businesses,
or state, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4531.
Agency Contact: Jeffrey Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214—4227
Fax: 734 214—4051
Email: herzog.jeff@epa.gov
RIN: 2060-AJ61
3188. AMENDMENTS TO METHOD 24
(WATER—BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001, Final.
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,
thereby improving the method's
precision.
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73570
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/03
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3649.
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205—02, Research
Triangle Park, NC 27711
Phone: 919—541—1064
Fax: 919 541—1039
Email: sorrell.candace@epamail.epa.gov
Connie Oldham, Environmental
Protection Agency, Air and Radiation,
D205—02, Research Triangle Park, NC
27711
Phone: 919 541—7774
RIN: 2060-AF72
3189. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
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. 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
03/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 4070.
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C504—02, Washington
DC, DC 20460
Phone: 919 541—5246
Fax: 919 541—0824
Email: nikbakht.annie@epa.gov
Dave Stonefield, Environmental
Protection Agency, Air and Radiation,
C539—02, Research Triangle Park, NC
27711
Phone: 919—541—5350
Fax: 919 541—0824
Email: stonefield.dave@epamail.epa.gov
RIN: 2060-AH93
3190. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS-
AMENDMENTS
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.
Timetable:
Action
Date FR Cite
ANPRM
NPRM1
Direct Final 2
NPRM 2
NPRM 3
Direct Final 1
Direct Final 3
Direct Final 4
NPRM 4
Final 1
Final 2
NPRM 5
1 1/25/96 61 FR 59849
03/09/99 64 FR 11 559
06/08/99 64 FR 30406
06/08/99 64 FR 30453
06/08/99 64 FR 60456
06/19/00 65 FR 38030
08/29/00 65 FR 5231 9
10/26/00 65 FR 64161
02/23/01 66 FR 11 233
07/16/01 66 FR 36924
08/06/01 66 FR 40903
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3939.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5608
Fax: 919 541—3470
Email: rosensteel.bob@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AH47
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73571
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3191. REVIEW OF NEW SOURCES
AND MODIFICATIONS IN INDIAN
COUNTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 U.SC 7410
CFR Citation: 40 CFR 51
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 major and
minor 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 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:
(1) 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
01/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Additional Information: SAN 3975.
Agency Contact: Mark Sendzik,
Environmental Protection Agency, Air
and Radiation, C339—03, Research
Triangle Park, NC 27711
Phone: 919—541—5534
Fax: 919 541—5509
Email: sendzik.mark@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C504—01, Research Triangle Park, NC
27711
Phone: 919—541—5497
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AH37
3192. IMPLEMENTATION RULE FOR
PM—2.5 NAAQS
Regulatory Plan: This entry is Seq. No.
103 in part II of this issue of the
Federal Register.
RIN: 2060-AK74
3193. PERFORMANCE
SPECIFICATION 10 —
SPECIFICATIONS AND TEST
PROCEDURES FOR PREDICTIVE
EMISSION MONITORING SYSTEMS IN
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
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 11/00/03
Final Action 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN 4119.
Sectors Affected: 336399 All Other
Motor Vehicle Parts Manufacturing;
333618 Other Engine Equipment
Manufacturing; 33241 Power Boiler and
Heat Exchanger Manufacturing; 333611
Turbine and Turbine Generator Set
Unit Manufacturing
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD—19, Research
Triangle Park, NC 27711
Phone: 919 541—1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205—02, D205—02, Research Triangle
Park, NC 27711
Phone: 919—541—7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH84
3194. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(C); 40 CFR
60.752(b)(2)(iii)(D); 40 CFR 60758
Legal Deadline: None
Abstract: This action will amend the
existing regulation entitled Standards of
Performance for New Stationary
Sources: Municipal Solid Waste
Landfills, subpart WWW of 40 CFR Part
60, promulgated on March 12, 1996.
The amendment is being undertaken in
response to requests to clarify our
intent regarding what constitutes an
adequate landfill gas treatment system.
This action also clarifies our intent to
exempt from control landfill gas that
is treated/upgraded. Furthermore, it
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73572 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
clarifies who is responsible for control
of untreated landfill gas that is sold.
This action is necessary to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
Action Date FR Cite
05/23/02 67 FR 36476
11/00/03
Proposed Amdt
Supplemental NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4478.
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Jolynn Collins,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—5671
Fax: 919 541—0246
Email: collins.jolynn@epamail.epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
RIN: 2060-AJ41
3195. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Methods 3A, 6C, 7E, 10, and
20 of 40 CFR Part 60, Appendix A are
instrumental methods that are being
revised to make their performance
criteria consistent. Analyzer calibration
error tests and sampling system bias
tests now required in Methods 3A, 6C,
and 7E are being added to Methods 10
and 20. Inconsistent acceptance criteria
for other performance tests and
calibration gas quality are also being
made uniform. Performance criteria
currently determined based on the
instrument span is being revised to an
emission limit basis. This change will
fix the acceptance limits for all source
tests on the applicable emission limit
and not on a span value that sources
have some discretion in choosing.
These revisions were proposed on
August 27, 1997, in an announcement
entitled Amendments for Testing and
Monitoring Provisions. They were
considered not significant at that time.
The public did not feel that the
preamble to the rule provided adequate
notice of the changes being made to
the methods. The commenters
requested a reproposal of these revision
to the instrumental methods to allow
for adequate public review. Methods 7F
and 7G are new methods that measure
nitrogen oxides electrochemically.
These methods are being proposed in
response to requests made by
vendors/sources. These methods will
add flexibility to the testing provisions
currently in place and will not add
requirements or affect the stringency of
the underlying emission standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/03
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4161.
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD—19, Research
Triangle Park, NC 27711
Phone: 919 541—1063
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AK61
3196. NESHAP: PRINTING AND
PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1994, Final.
Abstract: The amendments will clarify
the rule and ensure it reflects the EPA's
intent.
Timetable:
Action
Date
FR Cite
NPRM 12/00/03
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 4310.
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—0859
Fax: 919 541—5689
Email: salman.dave@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AI66
3197. ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
REGULATION
Regulatory Plan: This entry is Seq. No.
102 in part II of this issue of the
Federal Register.
RIN: 2060-AJ65
3198. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 Code of Federal
Regulations 63, Subpart LLL. The Sierra
Club and the National Lime Association
petitioned the court to review Subpart
LLL, while the American Portland
Cement Alliance (APCA) opted to
negotiate a settlement agreement. (Note
that there is currently a separate rule
under development to amend Subpart
LLL to implement the settlement
agreement with the APCA — SAN
4524, RIN 2060—AJ57.) On December
15, 2000, a panel of the D.C. Circuit
issued its opinion in National Lime
Assn v. EPA. The Court remanded the
three standards for which we
established floors of no control
(hydrogen chloride [HC1J, total
hydrocarbon [THC], and mercury [Hg]).
The Court found that we committed
error in not considering other means
of control, in particular, control of
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73573
EPA—Clean Air Act (CAA)
Proposed Rule Stage
HAPs in raw materials and in fossil
fuels. The Court also remanded that we
consider setting beyond—the—floor
standards for HAP metals, for which
particulate matter (PM) is a surrogate.
This action will consist of amendments
to respond to the court remand.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4585.
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504—05, Research
Triangle Park, NC 27711
Phone: 919—541—5605
Fax: 919 541—5600
Email: barnett.keith@epamail.epa.gov
James Crowder, Environmental
Protection Agency, Air and Radiation,
C504—05, Research Triangle Park, NC
27711
Phone: 919 541—5596
Fax: 919 541—5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ78
3199. NATIONAL EMISSION
STANDARDS FOR COKE OVEN
BATTERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
October 27, 2001, NPRM.
Abstract: The Clean Air Act (CAA)
Section 112(f), standard to protect
health and the environment is the
statutory authority for this rulemaking.
In accordance with Section 112(f)(2),
EPA must promulgate residual risk
standards 8 years after promulgation of
emission standards. We promulgated
emission standards for charging,
topside leaks, and door leaks at coke
ovens on October 27, 1993. This rule
will further reduce coke oven emissions
from charging, topside leaks, and door
leaks at the affected coke plants.
Action
Date FR Cite
NPRM 12/00/03
Final Action 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4620.
Sectors Affected: 331111 Iron and
Steel Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—2910
Fax: 919 541—5450
Email: melton.lula@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919—541—5368
Fax: 919 541—0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AJ96
3200. NESHAP: ETHYLENE OXIDE
FOR STERILIZATION FACILITIES —
RESIDUAL RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 6, 2002, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA
codified in 40 CFR part 63, subpart O.
This source category covers ethylene
oxide commercial sterilizers. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM 11/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4654.
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439—04, Research
Triangle Park, NC 27711
Phone: 919—541—0837
Fax: 919 541—0942
Email:
markwordt.david@epamail.epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439—04,
Research Triangle Park, NC 27711
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK09
3201. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 14, 2002, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The sources
covered are Stage I gasoline distribution
sources — i.e., sources of air emissions
from processes involved with the
wholesale distribution of gasoline to
gas stations.
Timetable:
Action
Date FR Cite
NPRM
12/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN 4655.
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919 541—5397
Fax: 919 685—3195
Email: shedd.steve@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
RIN: 2060-AKlO
3202. NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL:
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On April 12, 2001, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for solvent extraction of
vegetable oil. This amendment will
consider adjustments to that NESHAP
in light of information gained since its
promulgation.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4672.
Split from RIN 2060—AH22.
Sectors Affected: 311225 Fats and Oils
Refining and Blending; 311223 Other
Oilseed Processing; 311222 Soybean
Processing
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—3078
Fax: 919 541—0246
Email: nizich.greg@epamail.epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
RIN: 2060-AK32
3203. PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT (HAP)
SOURCE CATEGORY FROM SECTION
112 OF THE CLEAN AIR ACT — GAS
TURBINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Other, Statutory,
Other.
Abstract: The Agency has received a
petition to remove the gas turbines
source category from the list of
hazardous air pollutant sources under
section 112(c) of the Clean Air Act. The
Agency must review the petition and
either grant or deny the petition within
12 months of the date the complete
petition is received. If the Agency
grants the petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies the petition, a notice of
denial will be published in the Federal
Register providing an explaination of
the denial.
Timetable:
Action
Date FR Cite
NPRM or Notice
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4751.
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404—01, Research
Triangle Park, NC 27711
Phone: 919—541—2962
Fax: 919 541—0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919—541—5368
Fax: 919 541—0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
3204. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 751 ib
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/03
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4309.
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C504—03, Research
Triangle Park, NC 27711
Phone: 919 541—5460
Fax: 919 541—0072
Email: moore.bruce@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AI62
3205. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 80; 40 CFR 86
Legal Deadline: None
Abstract: This rule establishes
appropriate requirements, based on the
need for and feasibility of additional
requirements, to control hazardous air
pollutants (air toxics) from motor
vehicles, nonroad engines and vehicles,
and their fuels. The Clean Air Act
requires EPA to periodically revise
such requirements. EPA committed to
this rulemaking in its March 29, 2001
rule, Control of Emissions of Hazardous
Air Pollutants From Mobile Sources.
Motor vehicles are significant
contributors to national emissions of
several hazardous air pollutants. These
pollutants are known or suspected to
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73575
EPA—Clean Air Act (CAA)
Proposed Rule Stage
have serious health or environmental
impacts. Reducing emissions of these
pollutants will reduce the risk to public
health and welfare.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/04
07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN 4748.
Sectors Affected: 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 32411 Petroleum
Refineries; 4227 Petroleum and
Petroleum Products Wholesalers
Agency Contact: Chris Lieske,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214—4584
Fax: 734 214—4050
Email: lieske.christopher@epa.gov
RIN: 2060-AK70
3206. EMISSIONS DURABILITY
PROCEDURES FOR NEW LIGHT-
DUTY VEHICLES AND LIGHT—DUTY
TRUCKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002 the U.
S. Court of Appeals for the B.C. Circuit
vacated durability provisions that
automotive manufacturers used to
demonstrate that the emissions of their
vehicles would comply with emission
standards for the useful lives of those
vehicles. The Court also required EPA
to issue new regulations. This action
fulfills the mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
preproduction vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a presribed bench aging cycle
that are used to age prototype vehicles
or emission control components to the
equivalent of the useful life period of
the vehicle in a manner that replicates
the aging that the vehicle or
components would see in actual use.
This rule does not change the Federal
emission standards or the test
procedures used to quantify emissions.
Timetable:
Action
Date FR Cite
NPRM
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4757.
Sectors Affected: 3361 Motor Vehicle
Manufacturing
Agency Contact: Eldert Bontekoe,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734 214—4442
Fax: 734 214—4053
Email: bontekoe.eldert@epamail.epa.gov
Linda Hormes, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone; 734 214—4502
Fax: 734 214—4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AK76
3207. CONTROL OF METHYL
TERTIARY BUTYL ETHER (MTBE)
Priority: Substantive, Nonsignificant
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 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 issued 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
NPRM
03/24/00 65 FR 16094
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN 4393.
Agency Contact: Joseph Bachman,
Environmental Protection Agency, Air
and Radiation, 5402, Washington, DC
20460
Phone: 202—564—3968
Fax: 202 565—2084
Email:
bachman.joseph@epamail.epa.gov
Bob Perils, Environmental Protection
Agency, Air and Radiation, 2333A,
Washington, DC 20460
Phone: 202 564—5636
Email: perlis.robert@epa.gov
RIN: 2060-AJOO
3208. OPERATING PERMITS:
REVISIONS (PART 70)
Priority: Other Significant
Legal Authority: 42 USC 7661 et seq
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70
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
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73576
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
being revised. The changes will
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 Original 08/29/94 59 FR 44460
SuppNPRMI 04/27/95 60 FR 20804
Supplemental NPRM 08/31/95 60 FR 45530
NPRM 03/00/04
Final Action 03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN 3412.
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, C304—04, Research
Triangle Park, NC 27711
Phone: 919—541—3153
Fax: 919 541—5509
Email: vogel.ray@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304—04,
Research Triangle Park, NC 27711
Phone: 919—541—0886
Fax: 919 541—5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AF70
3209. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL AND
EMERGENCY USES OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767ic
CFR Citation: 40 CFR Part 82
Legal Deadline: None
Abstract: With this action, EPA will
revise the accelerated phaseout
regulations that govern the production,
import, export, transformation and
destruction of substances that deplete
the ozone layer. The amendments will
incorporate exemptions permitted
under the Montreal Protocol on
Substances that Deplete the Ozone
Layer and recent changes to the Clean
Air Act. Specifically, the amendments
will create a process to exempt
production and consumption of
quantities of methyl bromide for critical
and emergency uses from the 2005
phaseout of methyl bromide. Because
this is an exemption, the rule will
confer a benefit on affected entities.
Timetable:
Action
Date FR Cite
NPRM 01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4535.
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9295
Fax: 202 565—2155
Email: choban.kate@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AJ63
3210. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action reinforces the
economic incentives related to the
transition of Article 5 countries to
ozone—depleting substance
alternatives. Currently, Article 5
allowances are determined as a
percentage of total production
allowances assigned to US companies
for Class I ozone—depleting substances.
In accordance with the Beijing
Amendments of the Montreal Protocol,
this action establishes Article 5
allowances independently of total
production allowances.
Timetable:
Action
Date
FR Cite
NPRM 01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4697.
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9295
Fax: 202 565—2155
Email: choban.kate@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AK45
3211. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767l(g) "CAA
608"
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: EPA is amending the rule on
refrigerant recycling, promulgated
under section 608 of the Clean Air Act
to clarify how the statutory venting
prohibition of the Act applies to
refrigerants that are used as substitutes
for CFC and HCFC ozone—depleting
refrigerants. It also exempts refrigerants
that are used as substitutes for CFC and
HCFC ozone—depleting refrigerants. It
also exempts certain substitute
refrigerants from the prohibition on the
basis of current evidence that their
release does not pose a threat to the
environment. In addition, EPA is
extending the refrigerant sales
restriction to substitute refrigerants that
consist of an ozone—depleting
substance.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/03
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3673.
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9870
Fax: 202—565—2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AG20
3212. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA,
SULFUR DIOXIDE (SO2) AREA
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana, area. On
5/2/02 and 5/22/03 we partially
approved and partially disapproved
Montana's SO2 SIP for Billings/Laurel.
EPA intends to propose a Federal
Implementation Plan (FIP) to cover
those parts of the State's plan we
disapproved. EPA's FIP will assure that
the Billings/Laurel area will attain and
maintain the SO 2 NAAQS.
Timetable:
Action
Date FR Cite
NPRM 09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4542.
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P—AR,
Washington, DC 20460
Phone: 303—312—6437
Fax: 303 312—6064
Email: ostrand.laurie@epamail.epa.gov
Cindy Cody, Environmental Protection
Agency, Regional Office Denver, 8P—
AR, Washington, DC 20460
Phone: 303—312—6228
Fax: 303 312—6064
Email: cody.cynthia@epamail.epa.gov
RIN: 2008-AAOO
3213. 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
09/00/04
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3262.
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734—214—4928
Fax: 734 214—4052
Email:
polovick.buddy@epamail.epa.gov
RIN: 2060-AE22
3214. INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
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
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;
and (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 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4348.
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734—214—4928
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 734 214—4052
Email:
polovick.buddy@epamail.epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460
Phone: 202 564—5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
3215. AMBIENT AIR QUALITY
MONITORING REGULATIONS:
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53 (Revision); 40 CFR 58
(Revision)
Legal Deadline: None
Abstract: Air pollution control
authorities use air quality data to •
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by state and local agencies,
although federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts of
the network in response to changes in
air quality, advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
but we have not revised the applicable
regulations comprehensively. The
proposed revisions would remove real
or perceived constraints on redeploying
air monitoring stations; more accurately
reflect the roles of EPA and other
control authorities in designing,
reviewing, and modifying networks;
bring provisions related to quality
assurance up to date; and recognize
technological changes. The current
regulations require states to develop
plans to deploy air monitoring
networks, but they do not emphasize
administering the networks. States
generally develop new plans only when
new monitoring is needed, such as for
a new NAAQS. The regulations need
to be revised to reflect the roles of EPA
and the state and local agencies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/03
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4421.
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
334519 Other Measuring and
Controlling Device Manufacturing
Agency Contact: Lee Byrd,
Environmental Protection Agency, Air
and Radiation, C339—02, Research
Triangle Park, NC 27711
Phone: 919 541—5367
Fax: 919 541—1903
Email: byrd.lee@epa.gov
Mike Papp, Environmental Protection
Agency, Air and Radiation, C339—02,
RTF, NC 27711
Phone: 919 541—2408
Fax: 919 541—1903
Email: papp.michael@epa.gov
RIN: 2060-AJ25
3216. REVISIONS TO REGIONAL HAZE
RULE TO ADDRESS CONCERNS
RAISED BY DC CIRCUIT REGARDING
BEST AVAILABLE RETROFIT
TECHNOLOGY (BART)
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470 to
7479; 42 USC 7491; 42 USC 7492; 42
USC 7601; 42 USC 7602
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 app Y (New)
Legal Deadline: NPRM, Judicial, April
15, 2004, NPRM.
Final, Judicial, April 15, 2005, Final.
Abstract: To meet the Clean Air Act's
requirements, EPA published the
regional haze rule on July 1, 1999 (64
FR 35714). On May 24, 2002, the DC
Circuit vacated certain provisions of the
regional haze rule related to best
available retrofit technology (BART).
Because of this court decision, we need
to propose and publish revised BART
provisions in the regional haze rule.
The purpose of this effort is to provide
the appropriate changes to the BART
requirements and guidelines, and to
address additional issues related to
reasonable progress goals for the
visibility program. On July 20, 2001, we
proposed guidelines intended to add
further clarifications to the BART
requirements in the regional haze rule.
Since then, due to additional
information that has come to light since
that proposal, we have decided that a
supplemental proposal is needed.
Timetable:
Action
Date FR Cite
NPRM Resubmittal 07/20/01 66 FR 38108
Supplemental NPRM 04/00/04
Final Action 04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4450.
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C504—02, Research
Triangle Park, NC 27711
Phone: 919—541—0102
Fax: 919 541—5489
Email: kaufman.kathy@epamail.epa.gov
Todd Hawes, Environmental Protection
Agency, Air and Radiation, C504—02,
Research Triangle Park, NC 27711
Phone: 919—541—5591
Fax: 919 541—5489
Email: hawes.todd@epamail.epa.gov
RIN: 2060-AJ31
3217. CONTROL OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE LOW-
SULFUR HIGHWAY DIESEL FUEL
TRANSITION PROGRAM FOR ALASKA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a); 42 USC 7625—
1
CFR Citation: 40 CFR 69 and 80
(Revision)
Legal Deadline: None
Abstract: This action will carry out a
flexibility provision for Alaska that was
included in EPA's heavy—duty diesel
rule, which was promulgated on
-------
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73579
EPA—Clean Air Act (CAA)
Proposed Rule Stage
January 18, 2001. That rule established
more stringent national emission
standards for heavy—duty highway
vehicles and engines for the 2007
model year, and a technology—enabling
sulfur limit of 15 ppm for highway
diesel fuel beginning in 2006. In that
rule, EPA recognized Alaska's unique
geographical, meteorological, air
quality, and economic factors and
provided Alaska an opportunity to
develop its own plan to transition to
low—sulfur highway diesel fuel, as an
alternative to the national transition
program. Our goal in offering this
flexibility is to transition Alaska into
the low—sulfur fuel program in a
manner that minimizes costs, while
ensuring that the new vehicles and
engines receive the low—sulfur fuel
they need. As stated in the Federal
Register notice for the diesel rule, if
Alaska submits an alternative plan by
April 1, 2002, and if EPA determines
that it provides a reasonable alternative,
EPA intends to initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State informed EPA that it
intends to submit an alternative
transition plan in late 2001 or early
2002. This action will be in response
to that anticipated submittal.
Timetable:
Action
Date FR Cite
NPRM
11/00/03
Email: shields.mike@epamail.epa.gov
RIN: 2060-AJ72
3218. MODIFICATION OF AUTHORITY
TO GRANT ALTERNATIVE METHOD
APPROVALS
Priority: Substantive, Nonsignificant
Legal Authority: "Not Yet Determined"
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: Currently, stationary source
regulations cite specific test methods to
demonstrate compliance. If a source
locates a test method which will
measure the regulated pollutant(s) with
similar precision and accuracy to the
method cited in the regulation, and
would like to use the alternative
method, the source must petition the
EPA (along with data documenting the
applicability of the alternative) to allow
the alternative method. Each of these
alternative method approvals by letter
may currently only be granted to a
specific source. Source category—wide
approvals must be published for
comment in the Federal Register. Due
to budgetary and time constraints, the
process constrains industry trade
associations from developing and
submitting alternative test methods.
Therefore, the purpose of this
rulemaking is to modify the regulations
to allow source category—wide
alternative method approvals to be
issued by letter.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4570.
Sectors Affected: 336112 Light Truck
and Utility Vehicle Manufacturing
Agency Contact: Richard Babst,
Environmental Protection Agency, Air
and Radiation, EN—340—F, 6406—J,
Washington, DC 20460
Phone: 202—564—9473
Fax: 202 565—2085
Email: babst.richard@epamail.epa.gov
Mike Shields, Environmental Protection
Agency, Air and Radiation, 6406—J,
Washington, DC 20460
Phone: 202—564—9038
Fax: 202 565—2085
Action
Date FR Cite
NPRM
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4547.
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D205—02, EMC
Building, D205—02, Research Triangle
Park, NC 27711
Phone: 919—541—0443
Fax: 919 541—1039
Email: howell.rima@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205—02, D205—02, Research Triangle
Park, NC 27711
Phone: 919—541—7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ83
3219. ADOPTION OF THE AMENDED
INTERNATIONAL NOX STANDARD
FOR AIRCRAFT ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
"CAA 231 to 232"; 42 USC 7571 to
7572; 5 USC 552{a)
CFR Citation: 40 CFR 87.1; 40 CFR
87.21; 40 CFR 87.64; 40 CFR 87.71; 40
CFR 87.10; 40 CFR 87.3l(b); 40 CFR
87.82; 40 CFR 87.89
Legal Deadline: None
Abstract: The purpose of this proposed
rulemaking is to amend the existing
United States regulations governing the
exhaust emissions from new
commercial aircraft gas turbine engines.
The amendment will codify into United
States law the recently amended
voluntary NOx emission standard of the
United Nation's International Civil
Aviation Organization (ICAO), thus
bringing the United States emission
standards into alignment with the
internationally adopted standards. This
NOx standard was adopted at the
ICAO/Committee on Aviation
Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
aircraft meet international standards
and the public can be assured that they
are receiving the air quality benefits of
the international standards.
Timetable:
Action
Date FR Cite
NPRM 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4631.
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing;
336412 Aircraft Engine and Engine
Parts Manufacturing; 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 336413
Other Aircraft Part and Auxiliary
Equipment Manufacturing
-------
73580
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Byran Manning,
Environmental Protection Agency, Air
and Radiation, 6407, Ann Arbor, MI
48105
Phone: 734 214—4816
Fax: 734 214—4018
Email: sutton.tia@epa.gov
RIN: 2060-AK01
3220. MODIFICATION OF ANTI-
DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean—air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti—dumping" rules on the books
that codify this Clean Air Act
prohibition. This action proposes to
allow refiners and importers of
conventional gasoline produced or
imported for use in Hawaii, Alaska, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline and
Complex Model for purposes of
compliance with the RFC program's
anti—dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti—dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti—dumping baseline and
compliance purposes in Alaska. We are
proposing this action to address certain
inconsistencies in the RFG program's
anti—dumping provisions which may
have significant unintended negative
impacts on refiners and importers. In
addition, this action proposes to modify
the anti—dumping provisions to
address compliance in certain
situations where a refinery becomes
nonoperational during the annual
averaging period. This action is
intended to address compliance issues
where a refinery does not produce
sufficient "summer" gasoline to offset
the higher emissions of "winter"
gasoline due to the refinery becoming
non—operational during the annual
averaging period. Today's proposed
actions would not compromise the
environmental goals of the RFG
program, or result in any environmental
degradation. Today's proposed actions
would not have any negative impact on
small businesses or state/local/tribal
governments.
Timetable:
Action
Date
FR Cite
NPRM 11/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4632.
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202—564—8989
Fax: 202 565—2085
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
3221. PERFORMANCE—BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF—QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self—
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method—specific rule—
makings, but to do so in a way that
will not degrade the performance of the
overall measurement system. The
qualification criteria are designed to
admit only methods that are as precise
as the designated methods and can be
made to accurately predict designated
method measurements. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date FR Cite
NPRM
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4633.
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 42271 Petroleum Bulk
Stations and Terminals; 48691 Pipeline
Transportation of Refined; 334516
Analytical Laboratory Instrument
Manufacturing
Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202—564—9305
Fax; 202 233—9557
Email: holley.john@epamail.epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202—564—9034
Fax: 202 565—2085
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
-------
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73581
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3222. • TRANSPORTATION
CONFORMITY RULE AMENDMENTS
FOR NEW 8—HOUR OZONE AND
PM2.5 NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401—7671q
CFR Citation: 40 CFR 51 and 93
Legal Deadline: None
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a state's plans for achieving the
air quality standards. These
amendments to the existing
transportation conformity rule are
necessary as a result of the new 8—
hour ozone and PM2.5 air quality
standards. The main issues that will be
addressed in these amendments are the
regional emissions tests that apply
before new SIPs are submitted and
which particulate matter provisions of
the rule apply to PM2.5.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/03
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 4811.
Agency Contact: Meg Patulski,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734—214—4842
Fax: 734 214—4052
Email: patulski.meg@epamail.epa.gov
Angela Spickard, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460
Phone: 734 214—4283
Fax: 734 214—4052
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AL73
3223. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ALLOWABLES
PLANTWIDE APPLICABILITY LIMIT
(PAL), AGGREGATION, AND
DEBOTTLENECKING
Regulatory Plan: This entry is Seq. No.
104 in part II of this issue of the
Federal Register.
RIN: 2060-AL75
3224. • RULE TO REDUCE
INTERSTATE TRANSPORT OF FINE
PARTICULATE MATTER AND OTHER
POLLUTANTS (INTERSTATE
TRANSPORT RULE)
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7410 (a)
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 75; 40 CFR 96
Legal Deadline: None
Abstract: Many pollutant types and
sources contribute to ambient levels of
fine particulate matter (PM2.5] and
ozone that exceed national air quality
standards, and to regional haze that
adversely affects visibility in Federal
class I areas. Some of these pollutants
may originate tens or hundreds of miles
from the areas where violations of the
national ambient air quality standards
are detected, from sources that are
outside the jurisdiction of the State that
is harmed. The Clean Air Act requires
that a State take steps to prevent
emissions from sources located within
its boundaries from interfering with a
downwind State's ability to meet air
quality standards, or interfering with
measures to protect visibility. EPA
believes it is important to address
interstate transport for PM2.5 prior to
the time when State plans addressing
nonattainment of the standards are
completed, so that States can rely on
upwind reductions when developing
plans for attaining the standards. The
Bush Administration has proposed
Clear Skies legislation that will help
reduce interstate transport of pollution
from the largest emitters in the power
generation sector. This mandatory
program would dramatically reduce
sulfur dioxide (SO2), nitrogen oxides
(NOx), and mercury by setting a
national cap on emissions of each
pollutant from power generators.
Trading would provide sources with
flexibility to reduce their emissions in
most efficient and least costly way.
EPA prefers to address the issue of
transported pollution from power
generators through Clear Skies
legislation rather than rulemaking.
Because enactment of legislation is
inherently uncertain, in addition to
promoting legislation EPA is initiating
this rulemaking as a potential substitute
to achieve part of what would be
achieved by Clear Skies. Also, if
analysis warrants, this rulemaking
could supplement legislation by
addressing categories of emissions
sources not covered by the legislation.
Further, EPA will conduct updated
transport analyses t determine whether
emission reductions beyond the
already—promulgated NOx SIP Call (63
FR 57355) are warranted for purposes
of the 8—hour ozone standard. Under
the interstate transport rule, EPA would
establish State—level emissions budgets
for transported pollutants, and offer
compliance flexibility in the form of an
emissions trading program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/04
03/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4794.
Agency Contact: Scott Mathias,
Environmental Protection Agency, Air
and Radiation, MD—15, C539—01,
Research Triangle Park, NC 27711
Phone: 919—541—5310
Fax: 919 541—0237
Email: mathias.scott@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504—02,
Washington, DC 20460
Phone: 919—541—5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AL76
-------
73582
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3225. • SECTION 126 RULE: LIFTING
THE 8—HOUR STAY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Legal Deadline: Final, Statutory,
November 29, 2004, Final.
Abstract: Section 126 of the CAA
allows States to petition EPA for a
finding that emissions from stationary
sources in other States significantly
contribute to nonattainment problems
in the petitioning State. If EPA
approves a petition, EPA would
establish Federal requirements for the
sources. In April 1999, EPA finalized
action on 8 petitions submitted by
Northeastern States for purposes of
mitigating interstate transport of NOx,
one of the main precursors of ground—
level ozone. Subsequent court rulings
caused EPA to stay the portion of the
rule based on the 8—hour ozone
standard. Now, the aforementioned
court challenges have been resolved,
enabling EPA to lift the stay on the 8—
hour portion of the rule. This action
would accomplish the removal of that
stay.
Timetable:
Action
Date FR Cite
NPRM 02/00/04
Final Action 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4095.1.
Split from RIN 2060—AH88.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AL79
3226. • AMENDMENT TO MARINE
DIESEL RULE
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7621 et seq;
42 USC 7542 et seq
CFR Citation: 40 CFR 94
Legal Deadline: None
Abstract: In February 2003, we adopted
emission standards for Category 3
marine diesel engines. The changes to
40 CFR part 94 inadvertently displaced
some of the provisions we had recently
established for recreational marine
diesel engines in November 2002. This
direct final rule corrects these errors;
these corrections are intended merely
to replace regulatory text we originally
adopted under each program.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
11/00/03
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4622.1.
Split from RIN 2060—AJ98.
Agency Contact: Karl Simon,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Washington, DC 20460
Phone: 202 564—1106
Email: simon.karl@epamail.epa.gov
Alan Stout, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave. NW., Ann Arbor, MI
48105
Phone: 734 214—4805
Fax: 734—214—4834
Email: stout.alan@epamail.epa.gov
RIN: 2060-AL81
3227. • SECTION 126 RULE:
WITHDRAWAL OF FINDINGS FOR
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.34
Legal Deadline: None
Abstract: In response to petitions
submitted by four Northeastern States,
in January 2000, EPA issued the
Section 126 Rule which required
sources in Michigan and certain other
States to reduce nitrogen oxides (NOx)
emissions for the purpose of reducing
interstate ozone transport. EPA
coordinated the Section 126 Rule with
another rule known as the NOx State
implementation plan (SIP) Call, which
also addresses ozone transport in the
eastern half of the United States. EPA
established a mechanism in the Section
126 Rule whereby the rule would be
withdrawn for sources in a State if the
State submitted, and EPA approved, a
SIP that complied with the NOx SIP
Call. This was a practical way to
address the overlap between the two
rules and avoid having sources be
subject to two sets of potentially
different NOx transport control
requirements. As the result of court
actions, the compliance dates for the
Section 126 Rule and the NOx SIP Call
have been delayed and the NOx SIP
Call has been divided into two phases.
Therefore, in a separate action, EPA
recently proposed to revise the Section
126 Rule withdrawal provision so that
it will continue to operate under these
new circumstances. Under that
proposal, where a State submits a NOx
SIP that meets only Phase 1 of the NOx
SIP Call, EPA would need to make a
determination that the SIP controls the
total group of Section 126 sources to
the same stringency as the Section 126
Rule would before the Section 126 Rule
could be withdrawn. The EPA has
reviewed and is in the process of
approving the Michigan NOx SIP. In
this current action, EPA is proposing
.that the SIP meets the newly proposed
Section 126 Rule withdrawal criteria,
and therefore, EPA is proposing to
withdraw the redundant Section 126
Rule for sources in Michigan.
Timetable:
Action
Date FR Cite
NPRM
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN 4796.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539—02,
Washington, DC 20460
Phone: 919—541—3292
Fax: 919 541—0824
-------
Federal Register/ Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73583
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
3228. • LIFTING THE STAY OF THE
Regulatory Flexibility Analysis
Required: No
• Small Entities Affected: No
Timetable:
Action
NPRM
Final Action
Date
11/00/03
04/00/04
FR Cite
8—HOUR PORTION OF THE FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR PURPOSES OF
REDUCING INTERSTATE OZONE
TRANSPORT (NOX SIP CALL)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: This action would amend a
final rule EPA issued under section 110
of the Clean Air Act (CAA) related to
interstate transport of pollutants. EPA
is proposing to lift the stay of our
findings in the nitrogen oxides State
Implementation Plan Call (NOx SIP
Call) contained in 40 CFR 51.121(a)(2),
related to the 8—hour ozone national
ambient air quality standards (NAAQS).
The findings were stayed in a final rule
published in the Federal Register on
September 18, 2000 (65 FR 56245). This
action does not create any new
requirements; it merely reinstitutes a
requirement of the NOx SIP Call that
had previously been stayed. The
background on the NOx SIP Call and
the aforementioned stay are as follows:
In the final NOx SIP Call, EPA found
that emissions of NOx from 22 States
and the District of Columbia
(hereinafter referred to as 23 States)
significantly contribute to downwind
areas' nonattainment of the 1—hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8—
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8—hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8—hour basis of the NOx SIP Call rule
based on the uncertainty created by the
D.C. Circuit's decision. EPA have now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay.
Timetable:
Action
Date
FR Cite
NPRM
02/00/04
State
Additional Information: SAN 4797.
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—5665
Fax: 919 541—0824
Email: king.jan@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539—02,
Washington, DC 20460
Phone: 919—541—3292
Fax: 919 541—0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL84
3229. • DEFERRAL OF EFFECTIVE
DATE OF NONATTAINMENT
DESIGNATIONS FOR 8—HOUR
OZONE NATIONAL AMBIENT AIR
QUALITY STANDARDS FOR EARLY
ACTION COMPACT AREAS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7407; 42 USC
7601
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: EPA is proposing to defer the
effective date of nonattainment air
quality designations for "Early Action
Compact Areas" that are violating the
8—hour ozone national ambient air
quality standard, but have agreed to
reduce ground—level ozone pollution
earlier than the Clean Air Act requires.
This proposal establishes the first of
three dates by which EPA would defer
the effective date of nonattainment
designations for any of these areas that
continues to meet all compact
milestones. In a separate action, EPA
will designate these areas
"nonattainment" by April 15, 2004;
however, as long as Early Action
Compact areas meet agreed—upon
milestones, the impact of
nonattainment designation for the 8—
hour ozone standard will be deferred
until September 30, 2005.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4798.
Agency Contact: David Cole,
Environmental Protection Agency, Air
and Radiation, MD—15, C539—02,
Research Triangle Park, NC 27711
Phone: 919—541—5565
Fax: 919 541—0824
Email: cole.david@epamail.epa.gov
Valerie Broadwell, Environmental
Protection Agency, Air and Radiation,
C539—02, Washington, DC 20460
Phone: 919—541—3310
Fax: 919 541—0824
Email:
broadwell.valerie@epamail.epa.gov
RIN: 2060-AL85
3230. • AMENDMENTS TO THE
PHASE 2 REQUIREMENTS FOR
SPARK—IGNITION NONROAD
ENGINES LESS THAN 19 KILOWATTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7547
CFR Citation: 40 CFR 90 (Revision)
Legal Deadline: None
Abstract: EPA adopted phase 2
requirements for small (less than 19
kilowatts) spark—ignition (gasoline)
nonroad engines in March 1999 and
April 2000. The Phase 2 requirements
are being phased—in between 2001 and
2007. (The majority of the engines
covered by these regulations are used
in lawn and garden applications.) In
February 2003, the Outdoor Power
Equipment Institute, a trade group
representing engine manufacturers,
petitioned EPA and requested several
changes to the phase 2 regulations. This
rulemaking includes several
amendments to the phase 2
requirements intended to ensure a
smooth transition to the phase 2
standards for engine manufacturers.
The amendments contain a number of
changes to the averaging, banking, and
-------
73584
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
trading program and to the certification
process.
Timetable:
Action
Date
FR Cite
NPRM 11/00/03
Direct Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4801.
Agency Contact: Philip Carlson,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734—214—4270
Fax: 734 214—4816
Email: carlson.philip@epamail.epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
ASD, Washington, DC 20460
Phone: 734—214—4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AL88
3231. • AMENDMENTS TO LEATHER
FINISHING NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On February 27, 2002, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the Leather Finishing
Operations industry. EPA was
subsequently petitioned by two affected
facilities concerning the definition of
specialty leather. EPA has engaged in
negotiations with these facilities
concerning the definition and is issuing
these technical corrections to address
the concerns. The amendments to the
rule will clarify the definition of
specialty leather and provide a means
of determining what kinds of leather
meet the definition of specialty leather.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/03
11/00/04
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4802.
Agency Contact: William Schrock,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919 541—5032
Fax: 919 541—3470
Email: schrock.bill@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AL89
3232. • PROTECTION OF
STRATOSPHERIC OZONE;
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT AND EXPORT; CORRECTION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671
CFR Citation: 40 CFR 82 (Revision)
Legal Deadline: None
Abstract: Although an allowance
allocation system for controlling
hydrochlorofluorocarbon (HCFC)
production, import, and export was
established with publication of the final
rule on January 21, 2003 (SAN 4120,
RIN 2060—AH67), several issues
associated with that system have arisen
that need to be amended for clarity and
consistency.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4804.
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—2216
Fax: 202—565—2156
Email: au.vera@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL90
3233. • AMENDMENTS TO THE
NESHAP FOR CELLULOSE
PRODUCTS MANUFACTURING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On July 11, 2002, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the Cellulose Products
Manufacturing industry. The EPA was
subsequently petitioned by two affected
facilities concerning several issues. The
EPA has engaged in negotiations with
these facilities concerning the issues
and is issuing these amendments to
address the concerns. The amendments
clarify several definitions and provide
clearer and consistent directions on
complying with the standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/03
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4808.
Agency Contact: William Schrock,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919 541—5032
Fax: 919 541—3470
Email: schrock.bill@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax; 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AL91
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73585
EPA-Clean Air Act (CAA) Proposed Rule Stage
3234. • PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: PL 105—277, sec 764
CFR Citation: 40 CFR Part 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance, after the
phase—out date of 2005. This
exemption will be limited to no more
than 20 metric tons per emergency
event. This is a deregulatory action that
will decrease burden on producers,
importers, distributors and applicators
of methyl bromide as well as end—
users of methyl bromide who are
growers and owners of stored food
products while still achieving the
environmental objectives of the
program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4819.
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9295
Fax: 202 565—2155
Email: choban.kate@epamail.epa.gov
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202—564—2651
Fax: 202 565—2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AL94
3235. • PROTECTION OF
STRATOSPHERIC OZONE: QUANTITY
ALLOCATION OF METHYL BROMIDE
AFTER THE PHASEOUT FOR
CRITICAL USE EXEMPTIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: PL 105—277, sec 764
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to allocate quantities of
methyl bromide for critical use
exemptions to entities within the
United States based on amounts of
methyl bromide authorized by the
parties to the Montreal Protocol for use
after the 2005 phase—out date. This
action is a deregulatory action that will
reduce burden on producers, importers,
distributors and applicators of methyl
bromide as well as end—users of
methyl bromide who are growers and
owners of stored food products.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/03
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4820.
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—2651
Fax: 202 565—2079
Email:
finman.hodayah@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL95
3236. • FIVE—YEAR REVIEW OF
MACT STANDARDS FOR LARGE MWC
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq.
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial, April
30, 2004, NPRM.
Final, Judicial, June 30, 2006, Final.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new and existing
large municipal waste combustion units
(MWC). Those MACT standards have
been adopted and fully implemented
with all retrofits completed. Section
129(a)(5)of the CAA requires EPA to
review and, if necessary, revise those
standards every 5 years. This
rulemaking addresses those
requirements and is the first 5—year
review of the MACT standards.
Implementation of these MACT
standards has been highly effective and
has reduced dioxin/furan emissions by
more than 99 percent since 1990 and
mercury emissions by more than 95
percent since 1990. Similar reductions
have occurred for other CAA section
129 pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/04
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4829.
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C—439—01, Research
Triangle Park, NC 27711
Phone: 919—541—5264
Fax: 919 541—5450
Email: stevenson.walt@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C—439—01, Research Triangle Park,
NC 27711
Phone: 919 541—1045
Fax: 919 541—5450
Email: wayland.robertj@epa.gov
RIN: 2060-AL97
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73586
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3237. • ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60, subpart GGG
Legal Deadline: None
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) from oil refineries
under Clean Air Act section 111. These
regulations are codified at 40 CFR part
60, subpart GGG. These regulations
require periodic leak detection and
repair (LDAR) of pumps and valves.
The current work practice requires each
pump and valve to be individually
monitored for leaks. Refineries have
had LDAR programs in place for nearly
20 years and view them as burdensome
because they are labor intensive. Newer
laser based monitoring technology is
being developed which will detect
leaks at a reduced costs because of the
ability to monitor multiple components
at one time. This rule would amend
the existing regulations which affect
refineries to enable the plant operators
to use the new technology.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/04
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4830.
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439—04, Research
Triangle Park, NC 27711
Phone: 919—541—0837
Fax: 919 541—0942
Email:
markwordt.david@epamail.epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439—04,
Research Triangle Park, NC 27711
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AL98
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3238. 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
12/00/03
FR Cite
64 FR 48725
65 FR 4244
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4315.
Formerly listed as RIN 2060—AI79
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
San Francisco, CA 94105—3901
Phone: 415—744—1246
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520—498—0118
Fax: 520—498—1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3239. 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:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN 3569.
NPRM—
http://www.epa.gov/fedrgstr/EPA—;
AIR/1999/September/Day—08
/a23277.htm.; Formerly listed as RIN
2060—AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
San Francisco, CA 94105—3901
Phone: 415—744—1246
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIRl, Washington, DC 20460
Phone: 520—498—0118
Fax: 520—498—1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01
NPRM
Final Action
09/08/99 64 FR 48731
12/00/03
-------
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73587
EPA—Clean Air Act (CAA)
Final Rule Stage
3240. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS
REQUIREMENTS UNDER CLEAN AIR
ACT SECTION 112(R)(7);
AMENDMENTS TO THE SUBMISSION
SCHEDULE AND DATA
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l2(r)
CFR Citation: 40 CFR 68
Legal Deadline: Other, Statutory, June
21, 2004, Other.
Abstract: On June 20, 1996, EPA
published risk management planning
regulations mandated under the
accidental release prevention
provisions of the Clean Air Act (CAA),
Sources with more than a threshold
quantity of a regulated substance in a
process are required to develop and
implement a risk management program
that includes, for covered processes, a
five—year accident history, an off—site
consequence analysis, a prevention
program, and an emergency response
program. The owners and operators of
these sources must submit a risk
management plan (RMP) that
summarizes the source's
implementation of the risk management
program. The RMPs are to be made
available to Federal, state, and local
emergency planning and response
agencies and to the public through a
central location. The first submissions
were received in June 1999; to date,
approximately 15,000 sources have
submitted RMPs.
EPA is proposing to modify the
submission schedule under the risk
management program by adding two
triggers to the requirements to correct
or update the RMP: (a) sources who
have an accident that meets the criteria
for the five year accident history be
required to update their RMP within
six months of the date of the accident;
and (b) sources will be required to
correct their emergency contact
information within one month of a
change in the information. EPA is also
proposing to add four data elements to
the RMP: (a) a mandatory data element
for sources to provide the e—mail
address for the emergency contact; (b)
new data elements for sources to
provide the reason for an RMP update
[e.g. new regulated substance onsite,
etc.) or correction; (c) a new five—year
accident history data element
requirement for the owner or operator
to provide an indication of whether the
accident involved an
uncontrolled/runaway reaction; and (d)
additional data elements for sources
that use a contractor to fill out the RMP
to provide their name, address and
telephone number. Finally, EPA
proposes to remove the requirement for
sources to discuss the off—site
consequence analysis (i.e, worst—case
accidental release scenario(s) and the
alternative accidental release
scenario(s)) within the executive
summary of the RMP. This effort will
ultimately provide the implementing
agency important contact and accident
information to allow for assistance and
improved communications of
information to prevent accidents.
These changes should not significantly
change the associated burden. The
major change would be the accidental
release update requirement; however,
the source will not need to submit
again, provided there are no other
accidents or major changes, for another
5 years. EPA intends to finalize all of
these changes in time for the majority
of facilities to complete their five year
updates due June 21, 2004.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/31/03 68 FR 45124
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4755.
Agency Contact: Vanessa Rodriquez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564—7913
Fax: 202 564—8233
Email: rodriquez.vanessa@epa.gov
RIN: 2050-AF09
3241. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95—95; "CAAA
112(g) or (q)"
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non—DOE federal facilities. Under
subparts H and I, regulated entities
currently determine compliance with
the emission standards by utilizing the
approved computer models CAP88 and
AIRDOS—PC or any other procedures
for which EPA has granted prior
approval. Since promulgation of
Subparts H and I, EPA has developed
an additional model, GENII—
NESHAPS, which is suitable for
regulated entities to use to determine
compliance, in addition to the
currently—approved models mentioned
above. The model was developed to
incorporate the internal dosimetry
models recommended by the
International Commission on
Radiological Protection (ICRP) and the
radiological risk estimating procedures
of Federal Guidance Report 13 into
updated versions of existing
environmental pathway analysis
models. The model was developed
under the direction of OAR's Office of
Radiation and Indoor Air, in
consultation with OAR's Office of Air
Quality Planning and Standards
(OAQPS). Also, GENII—NESHAPs has
undergone Science Advisory Board
(SAB) review. In this direct final rule,
EPA is updating Subparts H and I to
include GENII—NESHAPS as an
approved compliance model.
Timetable:
Action
Date FR Cite
Direct Final Rule
08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 4768.
Agency Contact: Eleanord Thornton,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—9773
Fax: 202 565—2065
Email:
thornton.eleanord@epamail.epa.gov
RIN: 2060-AK81
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73588
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3242. MOTOR VEHICLE AND ENGINE
COMPLIANCE PROGRAM FEES FOR:
LIGHT—DUTY VEHICLES AND
TRUCKS; HEAVY—DUTY VEHICLES
AND ENGINES; NONROAD ENGINES;
AND MOTORCYCLES
Priority: Other Significant
Legal Authority: 42 USC 7552; 31 USC
9701; 42 USC 4370(c)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: Under the Motor Vehicle and
Engine Compliance (MVECP) Fee
Program user fees are collected for
certification and compliance activities.
Currently, user fees are required by
manufacturers of light—duty vehicles,
light—duty trucks, heavy—duty
vehicles, heavy—duty engines and
motorcycles. Through this Notice, EPA
is finalizing the notice to update the
current fee provisions for the existing
industries and incorporate fees for
nonroad manufacturers. In addition, the
fee schedule will be updated to reflect
costs in administering compliance
activities for new regulations such as
the "Tier 2" automobile standards and
nonroad engine standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/07/02 67 FR 51402
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4532.
Sectors Affected: 3331 Agriculture,
Construction, and Mining Machinery
Manufacturing; 336412 Aircraft Engine
and Engine Parts Manufacturing; 33399
All Other General Purpose Machinery
Manufacturing; 33611 Automobile and
Light Duty Motor Vehicle
Manufacturing; 336311 Carburetor,
Piston, Piston Ring and Valve
Manufacturing; 33312 Construction
Machinery Manufacturing; 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 333111
Farm Machinery and Equipment
Manufacturing; 33612 Heavy Duty
Truck Manufacturing; 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 333112
Lawn and Garden Tractor and Home
Lawn and Garden Equipment
Manufacturing; 336112 Light Truck and
Utility Vehicle Manufacturing; 333
Machinery Manufacturing; 33392
Material Handling Equipment
Manufacturing; 333131 Mining
Machinery and Equipment
Manufacturing; 3361 Motor Vehicle
Manufacturing; 336991 Motorcycle,
Bicycle and Parts Manufacturing;
333991 Power-Driven Hand Tool
Manufacturing; 33651 Railroad Rolling
Stock Manufacturing; 33661 Ship and
Boat Building
Agency Contact: Trina Vallion,
Environmental Protection Agency, Air
and Radiation, OTAQ/CCD, Ann Arbor,
MI 48105
Phone; 734 214—4449
Fax: 734 214—4053
Email: vallion.trina@epa.gov
Daniel Harrison, Environmental
Protection Agency, Air and Radiation,
OTAQ/CCd, Washington, DC 20460
Phone: 734 214—4281
Fax: 734 214—4053
Email: harrison.dan@epa.gov
RIN: 2060-AJ62
3243. REVISION TO THE GUIDELINE
ON AIR QUALITY MODELS (APPENDIX
W TO 40 CFR PART 51): ADOPTION
OF A PREFERRED GENERAL
PURPOSE (FLAT AND COMPLEX
TERRAIN) DISPERSION MODEL AND
OTHER REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 "CAAA
110(a)(2)"; "CAAA 165(e)"; "CAAA
172(a)"; "CAAA 172(c)"; 42 USC 7601
"CAAA 301(a)(l)"; "CAAA 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 would revise the
Guideline on Air Quality Models,
published as appendix W to 40 CFR
part 51. The guideline provides EPA—
recommended models for use in
predicting ambient concentrations of
pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. The guideline fulfills a Clean
Air Act mandate for EPA to specify
models for air management purposes.
This revision would enhance the
Guideline by incorporating a new,
general purpose dispersion model
called AERMOD, which would replace
the existing Industrial Source Complex
(ISC3) model in many air—quality
assessments, including those involving
complex terrain. An earlier version of
the AERMOD revision was previously
proposed (65 FR 21505, 4/21/2000; see
SAN 3470), but not promulgated. We
are reproposing it to reflect changes
made in response to public comment
we received on the April 2000
proposal.
Timetable:
Action
Date FR Cite
04/21/00 65 FR 21505
09/08/03 68 FR 52934
NPRM
Notice of Data
Availability
Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3470.1.
Split from RIN 2060—AF01.
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, C304—02, RTF, NC
27711
Phone: 919—541—0832
Fax: 919 541—0044
Email: coulter.tom@epamail.epa.gov
Joe Tikvart, Environmental Protection
Agency, Air and Radiation, D243—01,
RTF, NC 27711
Phone: 919—541—5562
Email: tikvart.joe@epamail.epa.gov
RIN: 2060-AK60
3244. NESHAP: COMBUSTION
TURBINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 "CAA
112"
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final.
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
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Federal Register / Vol. 68, No. 245 /Monday, December 22, 2003/Unified Agenda
73589
EPA—Clean Air Act (CAA)
Final Rule Stage
CAA. The combustion turbine MACT
was published in the Federal Register
on January 14, 2003. A public hearing
was held on January 29, 2003 and the
public comment period closed on
February 28, 2003. Comments and data
received during the comment period
resulted in a reanalysis of the MACT
floor and MACT for different
subcategories. Subcategories based on
fuel were developed (oil and natural
gas) in response to public comments.
A delisting petition for some
combustion turbine subcategories was
sent to EPA on August 28, 2002. The
subcategory list and the regulation will
be revised if these combustion turbine
subcategories are delisted. The final
combustion turbine MACT will be
signed by the Administrator in August
2003.
Timetable:
Action
Date FR Cite
01/14/03 68 FR 1888
11/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3657.
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439—01, Research
Triangle Park, NC 27711
Phone: 919 541—5263
Fax: 919 541—5450
Email: roy.sims@epamail.epa.gov
Robert Wayland, Environmental
Protection Agency, Air and Radiation,
C—439—01, Research Triangle Park,
NC 27711
Phone: 919 541—1045
Fax: 919 541—5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG67
3245. NESHAP: IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final.
Abstract: Iron foundries and steel
foundries have been identified by the
EPA as potentially significant sources
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
12/23/02 67 FR 78274
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 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: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—2364
Fax: 919 541—5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AE43
3246. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 "CAAA
112"
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, NPRM.
Final, Judicial, August 29, 2003, Final.
Abstract: This regulation will cover
organic chemical manufacturing
processes not covered by previously
promulgated MACT standards
including the Hazardous Organic
NESHAP (HON). 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
Final Action
04/04/02 67 FR 16154
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3452.
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5402
Fax: 919 541—3470
Email:
mcdonald.randy@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AE82
3247. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Regulatory Plan: This entry is Seq. No.
116 in part II of this issue of the
Federal Register.
RIN: 2060-AG63
3248. NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Regulatory Plan: This entry is Seq. No.
117 in part II of this issue of the
Federal Register.
RIN: 2060-AG69
3249. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
COATING MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 "CAAA
112"
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, NPRM.
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73590 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Abstract: The Miscellaneous Coating
Manufacturing NESHAP rulemaking
will control air—toxic emissions from
processes used in the manufacturing of
coatings, such as paint, ink and
adhesives, which contain over 5
percent hazardous air pollutants (HAP)
by weight. Controls will be based on
Maximum Available Control
Technology (MACT) provisions of the
Clean Air Act, and will cover process
vessels, storage tanks, equipment leaks,
wastewater, and transfer/loading
operations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/04/02 67 FR 16154
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3452.1.
Split from RIN 2060—AE82.
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Randy Mcdonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5402
Fax: 919 541—3470
Email:
mcdonald.randy@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AK59
3250. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS — EXCLUSION OF 4
COMPOUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407(d)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This is a deregulatory action
to exclude four compounds from the
list of volatile organic compounds
(VOCs) on the basis that these
compounds make a negligible
contribution to tropospheric ozone
formation. These four compounds are:
1,1,1,2,2,3,3—heptafluoro—3—
methoxy—propane (n—C3F7OCH3; 3—
ethoxy—,1,1,2,3,4,4,5,5,6,6,6—
dodecafluoro—2— (trifluoromethyl)
hexane (known as HFE—7500, HFE—
s702, T—7145, and L—15381);
1,1,1,2,3,3,3—heptafluoropropane
(known as HFC 227ea); and methyl
formate (HCOOCH3). These compounds
have potential for use as refrigerants,
fire suppressants, aerosol propellants,
sterilants, blowing agents (used in the
manufacture of foamed plastic), and
solvents. This action will remove the
necessity to control these four
compounds as VOCs in State
Implementation Plans for attaining the
ozone standard.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
09/03/03 68 FR 52373
10/03/03
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4683.
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: David Sanders,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919 541—3356
Fax: 919 541—0824
Email: sanders.dave@epa.gov
William Johnson, Environmental
Protection Agency, Air and Radiation,
C539—02, Research Triangle Park, NC
27711
Phone: 919 541—5245
Fax: 919 541—0824
Email: johnson.williaml@epa.gov
RIN: 2060-AK37
3251. 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 740i(b)(i); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
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 11/22/93 58 FR 61639
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 2915.
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243—02, Research
Triangle Park, NC 27711
Phone: 919—541—5242
Fax: 919 541—1039
Email: ricks.solomon@epamail.epa.gov
Frederick Thompson, Environmental
Protection Agency, Air and Radiation,
D243—02, Research Triangle Park, NC
27711
Phone: 919 541—2707
Email: thompson.frederick@epa.gov
RIN: 2060-AF83
3252. 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
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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73591
EPA—Clean Air Act (CAA)
Final Rule Stage
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:
Action
Date
FR Cite
NPRM
Final Action
12/08/97 62 FR 64532
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3900.
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, D243—02, Research
Triangle Park, NC 27711
Phone: 919—541—1062
Fax: 919 541—1039
Email: mcalister.gary@epamail.epa.gov
Frederick Thompson, Environmental
Protection Agency, Air and Radiation,
D243—02, Research Triangle Park, NC
27711
Phone: 919 541—2707
Email: thompson.frederick@epa.gov
RIN: 2060-AG88
3253. INTERSTATE OZONE
TRANSPORT: RESPONSE TO COURT
DECISIONS ON THE NOX SIP CALL,
NOX SIP CALL TECHNICAL
AMENDMENTS, AND SECTION 126
RULES
Priority: Other Significant
Legal Authority: 42 USC 74io(a)(2)(D);
42 USC 7410(k)(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: On October 27, 1998 (63 FR
57355], EPA issued a rule to reduce
smog in the eastern half of the country.
The rule required 22 States and the
District of Columbia to reduce
emissions of nitrogen oxides (NOx),
which reacts with other chemicals in
the atmosphere to form smog. EPA
required these reductions because
pollution from each of these States was
transported by the wind and
significantly contributed to unhealthy
air quality in downwind states. In
response to litigation from several
parties on the NOx SIP call, the U.S.
Court of Appeals for the District of
Columbia issued a decision on March
3, 2000 making it clear that EPA and
States can and should move forward to
implement this regional strategy. The
ruling remanded certain relatively
minor portions of the original rule back
to the EPA. This rulemaking covers the
portion of the rule associated with the
remanded issues: certain cogeneration
units, internal combustion engines, the
partial State requirements for Georgia
and Missouri and the exclusion of
Wisconsin. In this rulemaking, EPA
will consider the partial State issue for
Alabama Michigan and propose SIP
submittal dates and compliance dates,
as well. The D.C. Circuit Court also
remanded, or remanded and vacated,
the cogeneration unit issue in decisions
on the NOx SIP Call Technical
Amendments, and Section 126 Rule on
June 8, 2001 and May 15, 2001,
respectively. These remands will also
be addressed in this rulemaking.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/22/02 67 FR 8395
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4433.
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—5665
Fax: 919 541—0824
Email: king.jan@epamail.epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
C539—02, Research Triangle Park, NC
27711
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AJ16
3254. IMPLEMENTATION RULE FOR
8—HOUR OZONE NAAQS
Regulatory Plan: This entry is Seq. No.
119 in part II of this issue of the
Federal Register.
RIN: 2060-AJ99
3255. NSPS: SOCMI — WASTEWATER
AND AMENDMENT TO APPENDIX C
OF PART 63 AND APPENDIX J OF
PART 60
Priority: Other Significant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60, SOCMI
Wastewater and app J; 40 CFR 63, app
C
Legal Deadline: None
Abstract: This rulemaking 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
NPRM
Supp NPRM 1
SuppNPRM2
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3380.
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919 541—4516
Fax: 919 541—0246
Email: kissell.mary@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
3256. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (40
CFR PART 60, APPENDIX F,
PROCEDURE 3)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001, Final.
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73592
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 10/07/92 57 FR 46114
Supplemental NPRM 05/08/03 68 FR 24692
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3958.
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D24.3—02, Research
Triangle Park, NC 27711
Phone: 919—541—5242
Fax: 919 541—1039
Email: ricks.solomon@epamail.epa.gov
Frederick Thompson, Environmental
Protection Agency, Air and Radiation,
D243—02, Research Triangle Park, NC
27711
Phone: 919 541—2707
Email: thompson.frederick@epa.gov
RIN: 2060-AH23
3257. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: VOLATILE
ORGANIC LIQUID STORAGE
VESSELS; AMENDMENTS
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
Legal Deadline: None
Abstract: This direct final action
revises existing standards for Volatile
Organic Liquid Storage Vessels
(Including Petroleum Liquid Storage
Vessels) by amending the storage vessel
volume applicability criteria and
adding a vapor pressure applicability
criterion. This is a narrow technical
amendment responding to new
information that came in after the
original rule was promulgated.
Proposed Amdt 02/24/03 68 FR 8574
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4508.
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 42271
Petroleum Bulk Stations and Terminals
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5416
Fax: 919 541—3470
Email: morris.mark@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AJ53
3258. ELECTRIC ARC FURNACE NSPS
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60.270 to 60.276a
Legal Deadline: None
Abstract: Sources affected by the NSPS
for electric arc furnaces (aubparts AA
and AAa) have expressed concerns
with the requirements in the NSPS to
use a continuous opacity monitor
(COM) to monitor opacity and report
periods when the COM indicated
greater than 3 percent opacity as
periods of excess emissions, and have
petitioned the EPA to reconsider the
COM requirements. These concerns
arise from recent information that
indicate that COM readings may have
an error of up to 4 percent, which in
itself is greater than the 3 percent
excess emissions threshold. The EPA is
reconsidering the COM requirements,
and may amend the NSPS to add
alternative monitoring requirements.
Timetable:
Action
Date
FR Cite
Proposed Amdmt
Final Action
10/16/02 67 FR 64014
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4555.
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—2364
Fax: 919 541—5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ68
3259. PROPOSED AMENDMENTS TO
PERFORMANCE STANDARDS AND
MONITORING REQUIREMENTS FOR
PARTICULATE MATTER AT
STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 app B; 40
CFR 60 app F
Legal Deadline: None
Abstract: This action would repropose
some monitoring specifications that
were originally included in an OSWER
proposal to regulate air emissions from
hazardous waste combustors (as
explained further below). It revises
several standards and requirements
related to continuous emission
monitoring systems for particulate
matter (PM). These include:
Specifications and test procedures
known as Performance Specification 11
(PS—11), and quality assurance
requirements known as Procedure 2.
The proposed revisions clarify and
update performance standards and
monitoring requirements for facilities
required to install and use continuous
monitoring equipment to measure
particulate matter emissions from
stacks and ducts. The action does not
change any emission standards or add
any additional recordkeeping
requirements. This action is a
supplement to actions by EPA's
OSWER that included proposed
regulations for hazardous waste
combustors. The first action was
published in the Federal Register on
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73593
EPA—Clean Air Act (CAA)
Final Rule Stage
December 30, 1997 (62 FR 67788).
Recent OAR field studies have revealed
needed revisions to PS—11 and
Procedure 2. In view of the significant
amount of time that has passed since
the last proposal was published
(December 30, 1997) and the significant
amount of knowledge we have recently
gained from our field studies, we
believe that a supplemental proposal
and another opportunity for the public
to comment on PS—11 and Procedure
2 are appropriate.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/12/01 66 FR 64176
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4605.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Daniel Bivins,
Environmental Protection Agency, Air
and Radiation, D205—02, MD—19,
Research Triangle Park, NC 27711
Phone: 919 541—5244
Fax: 919 541—0516
Email: bivins.dan@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205—02, D205—02, Research Triangle
Park, NC 27711
Phone: 919—541—7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ88
3260. REVISION OF COMBUSTION
TURBINES NSPS —PART 60,
SUBPART GG
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The NSPS for Combustion
Turbines has not been revised since
1980. Revisions are needed to reduce
the burden on EPA and State/local
agencies, of approving,' on a case by
case basis, alternate testing and
monitoring protocols due to advances
in emission control technologies. The
revisions are also intended to bring
consistency between the monitoring
and testing requirements in the
Combustion Turbines NSPS (Part 60)
and the Acid Rain Program (part 75)
so that the same data can be used to
comply with both regulations.
Timetable:
Action
Date FR Cite
Direct Final Rule
Direct Final Rule
Withdrawn
Final Action
04/14/03 68 FR 18003
05/28/03 68 FR 31611
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4681.
Sectors Affected: 211111 Crude
Petroleum and Natural Gas Extraction;
2211 Electric Power Generation,
Transmission and Distribution; 211112
Natural Gas Liquid Extraction; 221
Utilities
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439—01, Research
Triangle Park, NC 27711
Phone: 919—541—5340
Fax: 919 541—5450
Email: pagan.jaime@epamail.epa.gov
Sims Roy, Environmental Protection
Agency, Air and Radiation, C439—01,
Research Triangle Park, NC 27711
Phone: 919 541—5263
Fax: 919 541—5450
Email: roy.sims@epamail.epa.gov
RIN: 2060-AK35
3261. NESHAP: MERCURY CELL
CHLOR—ALKALI PLANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, August
29, 2003, Final.
Abstract: Section 112(c)(6) of the Clean
Air Act requires us to list categories
of sources for seven specific pollutants
(including mercury) assuring that
sources accounting for not less than 90
percent of the aggregate emissions of
each pollutant are subject to standards
pursuant to section 112(d)(2). Chlor—
alkali plants are among the source
categories listed to achieve the 90
percent goal for mercury. Currently, the
source category includes 11 plants
located in 10 states engaged in the
production of chlorine and caustic
using mercury cells. Together, these
plants account for 45 percent of the
nationwide mercury inventory for
non—combustion sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/03/02 67 FR 44672
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3449.
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919 541—5308
Fax: 919 541—5450
Email: rosario.iliam@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AE85
3262. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Regulatory Plan: This entry is Seq. No.
115 in part II of this issue of the
Federal Register.
RIN: 2060-AG52
3263. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, NPRM.
Final, Judicial, August 29, 2003, Final.
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
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EPA—Clean Air Act (CAA)
Final Rule Stage
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
08/13/02 67 FR 52780
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 3825.
Sectors Affected: 331316 Aluminum
Extruded Product Manufacturing;
331221 Cold-Rolled Steel Shape
Manufacturing; 33312 Construction
Machinery Manufacturing; 332312
Fabricated Structural Metal
Manufacturing; 33612 Heavy Duty
Truck Manufacturing; 331511 Iron
Foundries; 331111 Iron and Steel Mills;
33121 Iron and Steel Pipes and Tubes
Manufacturing from Purchased Steel;
335312 Motor and Generator
Manufacturing; 331319 Other
Aluminum Rolling and Drawing;
332311 Prefabricated Metal Building
and Component Manufacturing; 326291
Rubber Product Manufacturing for
Mechanical Use; 336212 Truck Trailer
Manufacturing
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—5580
Fax: 919 541—5689
Email: teal.kim@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AG56
3264. PLASTIC PARTS AND
PRODUCTS (SURFACE COATING)
NESHAP
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final.
Abstract: This action would address
the hazardous air pollutants (HAP)
emissions from the coating of plastic
parts. Pollution prevention approaches
will be considered.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/04/02 67 FR 72276
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3826.
Sectors Affected: 339999 All Other
Miscellaneous Manufacturing; 336399
All Other Motor Vehicle Parts
Manufacturing; 326199 All Other
Plastics Product Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 339111 Laboratory
Apparatus and Furniture
Manufacturing; 337214 Nonwood Office
Furniture Manufacturing; 333313 Office
Machinery Manufacturing; 32614
Polystyrene Foam Product
Manufacturing; 33422 Radio and
Television Broadcasting and Wireless
Communications Equipment
Manufacturing; 33995 Sign
Manufacturing; 33992 Sporting and
Athletic Goods Manufacturing; 339112
Surgical and Medical Instrument
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—5580
Fax: 919 541—5689
Email: teal.kim@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AG57
3265. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant
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, Final.
Final, Judicial, August 29, 2003, Final.
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
12/20/02 67 FR 78046
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3651.
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504—05, Research
Triangle Park, NC 27711
Phone: 919—541—5605
Fax: 919 541—5600
Email: barnett.keith@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C 504—05,
RTF, NC 27711
Phone: 919—541—5596
Fax: 919 541—5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AG72
3266. NESHAP: SURFACE COATING
OF METAL CANS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal can industry.
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Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/15/03 68 FR 2110
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3906.
Sectors Affected: 332115 Crown and
Closure Manufacturing; 332431 Metal
Can Manufacturing; 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, C539—03, 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,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AG96
3267. NESHAP: SURFACE COATING
OF AUTOMOBILES AND LIGHT—DUTY
TRUCKS
Regulatory Plan: This entry is Seq. No.
118 in part II of this issue of the
Federal Register.
RIN: 2060-AG99
3268. NESHAP: PRIMARY
MAGNESIUM REFINING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final.
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
01/22/03 68 FR 2970
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN 3924.
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—2910
Fax: 919 541—5450
Email: melton.lula@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH03
3269. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final.
Abstract: This rule regulates HAP
emissions from clean up of
contaminated media and waste material
at industrial sites. Superfund, RCRA
corrective action, gasoline stations,
farms and residential sites are exempt
from rule requirements.
Timetable:
Action
Date
FR Cite
07/30/02 67 FR 49398
11/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 3968.
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—3078
Fax: 919 541—0246
Email: nizich.greg@epamail.epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919—541—2421
Fax: 919 541—0246
Email: smith.martha@epamail.epa.gov
RIN: 2060-AH12
3270. NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON—GASOLINE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, NPRM.
Final, Judicial, August 29, 2003, Final.
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. This project should
include but is not limited to those
activities associated with the storage
and distribution of organic liquids
other 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
Final Action
04/02/02 67 FR 15674
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3971.
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—2421
Fax: 919 541—0246
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41
3271. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This final amendment will
also allow hard chromium
electroplating facilities using fume
suppressants for emission control to
meet a surface tension limit similar to
the requirements for decorative
chromium electroplating and chromium
anodizing facilities instead of the
present requirement to meet an
emission limit. Facilities choosing to
use fume suppressants for emission
control would be required to monitor
the surface tension at the same
frequency currently required for
decorative chromium and chromium
anodizing tanks and demonstrate
compliance with the surface tension
operating limit. Like decorative
chromium electroplating and chromium
anodizing facilities, hard chromium
electroplating facilities would now be
allowed to monitor surface tension to
demonstrate compliance in lieu of
performance testing.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/05/02 67 FR 38810
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4115.
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—5289
Fax: 919 541—5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH69
3272. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, NPRM.
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:
Miscellaneous Metal Parts and
Products, SAN 3825, RIN 2060—AG56.
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—5580
Fax: 919 541—5689
Email: teal.kim@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AH78
3273. NESHAP: TACONITE IRON ORE
PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001, NPRM.
Final, Judicial, August 29, 2003, Final.
Abstract: The taconite iron ore
processing source category is comprised
of eight facilities operating in the
United States. Six 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 Timetable:
NPRM
Final Action
08/13/02 67 FR 52780
11/00/03
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4107.
This action will be covered under
NPRM
Final Action
12/18/02 67 FR 77562
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN 4380.
There are eight taconite processing
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EPA—Clean Air Act (CAA)
Final Rule Stage
facilities in the U.S.; six 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: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—1512
Fax: 919 541—5450
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AJ02
3274. CLARIFICATION TO EXISTING
PART 63 NESHAP DELEGATIONS'
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: 40 CFR part 63 contains
OAR's air—toxics emissions
regulations, often referred to as MACT
rules or NESHAPS. We are revising
some part 63 standards to reflect
changes in delegation provisions. We
are also revising some sections in the
part 63 regulations to clarify what are
standards and what are compliance
assurance measures. The benefits of the
changes will include clarifying what
authorities in each standard can be
delegated to State and local air
pollution control agencies and meshing
the standards with revisions previously
made to other part 63 regulations.
Timetable:
Action
Date
FR Cite
Proposed Amdt
Final Action
01/16/02 67 FR 2286
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4426.
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D205—02, Research
Triangle Park, NC 27711
Phone: 919—541—5135
Fax: 919 541—0516
Email: driscoll.tom@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, C504—02,
Research Triangle Park, NC 27711
Phone: 919—541—0893
Fax: 919 541—0896
Email: segall.robin@epamail.epa.gov
RIN: 2060-AJ26
3275. NESHAP: GASOLINE
DISTRIBUTION FACILITIES —
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart R
Legal Deadline: None
Abstract: On December 14, 1994, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for Gasoline Distribution
Facilities (59 FR 64318). These
standards are codified at 40 CFR part
63, subpart R. This action will amend
that rule by adding a DOT test method
as an alternative for measuring
emissions from railcars. This method
came to EPA's attention subsequent to
promulgation of the original rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/20/02 67 FR 59434
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4479.
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—5397
Fax: 919 541—0246
Email: shedd.steve@epamail.epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919—541—2421
Fax: 919 541—0246
Email: smith.martha@epamail.epa.gov
RIN: 2060-AJ42
3276. BENZENE WASTE OPERATIONS
NESHAP; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: This amendment will add a
compliance option for tanks, making
the Benzene Waste Operations NESHAP
consistent with the RCRA CC rules.
Hazardous waste treatment facilities
have requested these amendments
because they must comply with both
rules. There is no emission reduction
as a result of this action. However,
facilities may save money. We expect
no negative impacts on small
businesses and State/local/tribal
governments. Industry and government
support this change.
Timetable:
Action
Date FR Cite
11/12/02 67 FR 68526
02/06/03 68 FR 6082
Direct Final Rule
Direct Final Rule
Withdrawn
Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4591.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
562211 Hazardous Waste Treatment
and Disposal
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—0884
Fax: 919 541—0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ87
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73598
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3277. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, Final.
Final, Judicial, August 29, 2003, Final,
Abstract: This action announces our
decision not to issue regulations for the
Chlorine Production source category.
The source category is composed of
nearly 50 facilities that produce
chlorine using several different
methods. We have determined that 21
of these facilities are major sources,
including 20 chlor—alkali plants that
produce chlorine and caustic as co—
products through the electrolysis of
brine, and one primary magnesium
refining facility that produces chlorine
as a by—product of magnesium metal
production. Primary magnesium
refining is a separately listed source
category and, as such, the one refiner
will be addressed in a separate
rulemaking. None of the 20 chlor—
alkali plants are in and of themselves
major sources. All are well—controlled
and emit negligible amounts of chlorine
and, in some cases, additional
negligible amounts of hydrochloric
acid. These sources are major only due
to collocation. That is, they are part of
larger establishments that are major
sources. These larger establishments
include organic chemical
manufacturers, polymer and resin
producers, and pulp and paper mills,
all of which are already subject to one
or more NESHAP. Section 112(d)(4)
gives us the discretion to consider risk
in issuing MACT standards for
pollutants for which a health threshold
has been established, provided that the
public health is protected with an
ample margin of safety. Chlorine and
HCl are both threshold pollutants for
which we have defined threshold
values in the form of Inhalation
Reference Concentrations (RfCs). We
have modeled chlorine and HCl
emissions from each of the 20 chlor—
alkali plants and have determined that
none of the plants emit chlorine or HCl
in quantities that result in human
exposures in the ambient air at levels
approaching the threshold values.
Therefore, we conclude that no further
control or regulation is necessary.
NOTE: Three of the 20 chlor—alkali
plants operate mercury cells. We are
addressing mercury emissions from
mercury cell chlor—alkali plants in a
separate proposal, which is currently
under development. To facilitate
comment, we plan to publish both the
mercury cell proposal and this action
on chlorine production in the same
issue of the Federal Register.
Timetable:
Action Date FR Cite
NPRM
Final Action
07/03/02 67 FR 44713
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4685.
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919 541—5308
Fax: 919 541—5450
Email: rosario.iliam@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK38
3278. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON)
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 "CAA
112"
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action proposes to
amend the Hazardous Organic NESHAP
to allow vapor balancing as a control
option for storage vessels.
Timetable:
Action
Date
FR Cite
Direct Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4712.
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5416
Fax: 919 541—3470
Email: morris.mark@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AK49
3279. NESHAP FOR PRIMARY
ALUMINUM REDUCTION PLANTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR Part 63
Legal Deadline: None
Abstract: The NESHAP for Primary
Aluminum Reduction Plants was
promulgated in 1997 (40 CFR Part 63,
Subpart LL). The amendments
described here would revise the
emission limit for polycyclic organic
matter applicable to one subcategory of
source based on newly available data
more representative of performance
from the top five performing sources.
The proposed amendments would also
clarify language on compliance dates
and add specific provisions for startup
of new or reconstructed affected
sources and affected sources that restart
after being idled for long periods of
time. More time would be allowed due
to the nature of the process operation,
depending on the type of source. No
additional costs or information
collection requirements would be
incurred as a result of the amendments.
There also are no significant policy
issues. State agency and industry
representatives concur with the
changes, which will improve
implementation of the 1997 rule.
Timetable:
Action
Date
FR Cite
NPRM 03/17/03 68 FR 12645
Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4713.
Agency Contact: Steve Fruh,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73599
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439—04,
Research Triangle Park, NC 27711
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK50
3280. NESHAP FOR PETROLEUM
REFINERIES: CATALYTIC CRACKING
UNITS, CATALYTIC REFORMING
UNITS, AND SULFUR RECOVERY
UNITS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The NESHAP for Petroleum
Refineriesis an existing rulemaking (40
CFR Part 63, Subpart CC) to control
hazardous air pollutant emissions from
equipment in the petroleum refining
industry. This rulemaking will amend
the Petroleum Refinery NESHAP to
incorporate additional complicance
options for catalytic reforming units at
refineries. Clarifying language and
missing tables will also be added. This
action will not increase costs or change
the emission reductions expected for
this rule.
Timetable:
Action
Date FR Cite
Direct Final Action
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4714.
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—0884
Fax: 919 541—0246
Email: lucas.bob@epamail.epa.gov
K. Hustvedt, Environmental Protection
Agency, Air and Radiation, C439—03,
Research Triangle Park, NC 27711
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK51
3281. NESHAP FOR SOURCE
CATEGORIES: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17
Legal Deadline: None
Abstract: We are proposing
amendments to the Part 63 General
Provisions that would allow facilities
that are subject to a maximum
achievable control technology (MACT)
Subpart to discontinue unnecessary
requirements if, through pollution
prevention measures, they achieve and
can demonstrate continued hazardous
air pollutant (HAP) emission reductions
equivalent to or better than the MACT
level of control. We are proposing these
amendments to encourage and promote
pollution prevention, which is our
strategy of first choice in reducing HAP
emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
There also are no significant policy
issues.
Timetable:
Action
Date
FR Cite
Proposed Amdt
Final Action
05/15/03 68 FR 26249
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4719.
Agency Contact: Steve Fruh,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439—04,
Research Triangle Park, NC 27711
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK54
3282. NESHAP: ETHYLENE
PROCESSES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 subparts XX
andYY
Legal Deadline: None
Abstract: The Ethylene Production
NESHAP was promulgated on Friday,
July 12, 2002 (67 FR 46258} without
petition for judicial review. However,
we did receive a letter from the affected
industry association requesting that we
consider certain technical corrections.
Following review of this request, we
believe some changes to the final rule
are necessary for clarity and
consistency. This correction requires an
action in the form of a direct final rule
which will contain rule changes,
technical amendments and
clarifications.
Timetable:
Action
Date FR Cite
Direct Final Rule 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4763.
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5267
Fax: 919 541—3470
Email: johnson.warren@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AK80
3283. RULEMAKING ON SECTION 126
PETITIONS FROM NEW YORK AND
CONNECTICUT REGARDING
SOURCES IN MICHIGAN; REVISION
OF DEFINITION OF APPLICABLE
REQUIREMENT FOR TITLE V
OPERATING PERMIT PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
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73600
Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: The EPA is proposing to
revise the section 126 Rule in light of
the March 3, 2000 court decision on
the NOx SIP Call. The court vacated,
and remanded to EPA for further
consideration, the inclusion of Georgia
and Missouri in the NOx SIP Call in
light of the Ozone Transport
Assessment Group conclusions that
emissions from coarse grid portions of
States did not merit controls. The
reasoning of the Court regarding the
significance of NOx emissions from
sources in Georgia and Missouri calls
into question the inclusion of the
coarse grid portion of Michigan in the
NOx SIP Call. In a separate proposal,
EPA is proposing to withdraw the NOx
SIP Call requirements for the Michigan
coarse grid area. The section 126 Rule
is based on many of the same analyses
and information used for the NOx SIP
call and covers part of Michigan. Thus,
EPA is proposing to withdraw its
section 126 findings and control
requirements with respect to sources
located in the small part of the coarse
grid portion of Michigan that is
currently covered by the section 126
Rule. The EPA has not identified any
existing section 126 sources that would
be affected by the proposal, however
this proposal would eliminate findings
and control requirements for new
sources locating in the coarse grid. This
proposal does not create any new
requirements, thus there are no
associated costs. The EPA is also
proposing to revise the definition
"applicable requirement" for title V
operating permit programs by providing
expressly that any standard or other
requirement under section 126 is an
applicable requirement and must be
included in operating permits issued
under title V of the CAA.
Timetable:
Action
Date
FR Cite
NPRM 02/22/02 67 FR 8386
Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4464.
Split from RIN 2060—AH88.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
Tom Helms, Environmental Protection
Agency, Air and Radiation, C539—02,
Research Triangle Park, NC 27711
Phone: 919—541—5527
Fax: 919 541—0824
Email: helms.tom@epamail.epa.gov
RIN: 2060-AJ36
3284. SECTION 126 RULE
WITHDRAWAL PROVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: EPA is proposing to revise
one narrow aspect of the section 126
rule, which was promulgated January
18, 2000. The rule requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the section
126 rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. The EPA included a provision in
the section 126 rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003 compliance date, EPA
would withdraw the section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the section 126 rule withdrawal
provision so that it will continue to
operate under these new circumstances.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/04/03 68 FR 16644
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4689.
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539—02,
Washington, DC 20460
Phone: 919—541—3292
Fax: 919 541—0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
3285. FEDERAL PLAN
REQUIREMENTS FOR COMMERCIAL
AND INDUSTRIAL SOLID WASTE
INCINERATION UNITS CONSTRUCTED
ON OR BEFORE NOVEMBER 30, 1999
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7429
CFR Citation: 40 CFR 62
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines for existing
incinerators combusting commercial or
industrial waste under sections 111 and
129. Final emission guidelines for
Commercial and Industrial Solid Waste
Incineration (CISWI) were published on
December 1, 2000 (see 65 FR 75338).
In accordance with section 129, any
State with affected sources must submit
a State plan by December 1, 2001
describing how the State will
implement the emission guidelines for
existing CISWI. Section 129 requires
the Administrator to develop and
implement a Federal plan for existing
CISWI units located in any State which
has not submitted an approvable plan
within 2 years of promulgation of the
emissions guidelines. In this CISWI
Federal plan rulemaking, EPA becomes
the implementing authority in those
instances where the State 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
CISWI in any State that has not
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73601
EPA—Clean Air Act (CAA)
Final Rule Stage
submitted an approvable plan within
the time allotted. This action makes no
changes to the requirements in the 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
11/25/02 67 FR 70640
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4441.
Sectors Affected: 325 Chemical
Manufacturing; 321 Wood Product
Manufacturing
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, E143—02, Research
Triangle Park, NC 27711
Phone: 919—541—5515
Fax: 919 541—2664
Email: painter.david@epamail.epa.gov
RIN: 2060-AJ28
3286. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Priority: Other Significant
Legal Authority: 42 USC 7401 to 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
Proposed Amdt
Final Action
06/30/03 68 FR 3904
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4340.
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Washington, DC 20460
Phone: 734 214—4283
Fax: 734 214—4052
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AI56
3287. 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 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. 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.
Timetable:
Action
Date FR Cite
NPRM
Notice
Final Action
07/20/98 63 FR 38767
05/14/99 64 FR 26410
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4030.
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202—564—9034
Fax: 202 565—2085
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AH52
3288. MODIFICATION OF THE ANTI-
DUMPING BASELINE DATE CUT—OFF
LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1]; 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.9l(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean—air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti—dumping" rules on the books
that codify this Clean Air Act
prohibition. This regulation is a minor
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
technical amendment to those existing
regulations. It would amend a portion
of those regulations to allow the use
of data collected after January 1, 1995
in the development of baselines, and
it would establish a cut—off date of
January 1, 2002 for the submission of
all individual baselines under the
anti—dumping program. This date is
the same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti—dumping
program.)
Timetable:
Action
Date FR Cite
Direct Final Action
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4604.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Ann Arbor, MI 48105
Phone: 734 214—4287
Fax: 734 214—4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202—564—5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
3289. CONTROL OF EMISSIONS FROM
HIGHWAY MOTORCYCLES
Priority: Other Significant
Legal Authority: 42 USC 7401 to
7671(q)
CFR Citation: 40 CFR 94
Legal Deadline: None
Abstract: EPA is finalizing actions to
reduce emissions from highway
motorcycles, which currently are
subject to existing emission standards
that were put in place over 20 years
ago. Emissions control technologies
have advanced significantly since that
time, and EPA believes it is appropriate
to put in place more stringent standards
for hydrocarbon and nitrogen oxide
emissions that reflect this progress. The
final standards are consistent with
standards California has recently
promulgated, thereby creating the
opportunity to industry to produce and
market products nationwide. EPA
proposed new emission standards for
highway motorcycles on August 14,
2002 (67 FR 53050), in a proposal that
also included a proposal for
evaporative emission standards for
marine vessels that use spark—ignition
engines. The final rule now involves
only new emission standards for
highway motorcycles,
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/14/02 67 FR 53050
11/00/03
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: None
Additional Information: SAN 4626.
Split from RIN 2060—All 1.
Sectors Affected: 42183 Industrial
Machinery and Equipment Wholesalers;
333924 Industrial Truck, Tractor,
Trailer and Stacker Machinery
Manufacturing; 335312 Motor and
Generator Manufacturing
Agency Contact: Roberts French,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734—214—4380
Fax: 734 214—4050
Email: french.roberts@epamail.epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
ASD, Washington, DC 20460
Phone: 734—214—4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AJ90
3290. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NONROAD
DIESEL ENGINES AND FUEL
Regulatory Plan: This entry is Seq. No.
120 in part II of this issue of the
Federal Register.
RIN: 2060-AK27
3291. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 "CAA
203"; 42 USC 7525 "CAA 206"; 42 USC
7541 "CAA 207"; 42 USC 7542 "CAA
208"; 42 USC 7601 "CAA 301"; 42 USC
7522 "CAA 203"; 42 USC 7550 "CAA
216"; 42 USC 7601 "CAA 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 United States
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 United States;
(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 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 2665.
Agency Contact: Joe Sopota,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 564—9034
RIN: 2060-AI03
3292. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR OZONE-
DEPLETING SUBSTANCES: N—
PROPYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule proposes to add n—
propylbromide (nPB) to the list of
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73603
EPA—Clean Air Act (CAA)
Final Rule Stage
acceptable substitutes for class I and
class II ozone depleting substances
used as solvents for general metals,
precision, and electronics cleaning, as
well as in aerosol solvent and
adhesives end uses. This would
provide another alternative to solvents
with higher ozone depletion potential
that industry is interested in using. The
rule also would propose specific
conditions on the use of nPB as a
solvent. These might include limiting
the specific applications in which it
may be used to those with low
emissions and requiring exposure limits
consistent with industry practices. This
will ensure that nPB is used in a
manner that is safe and
environmentally protective. OSHA does
not currently regulate nPB. EPA would
revise our ruling to adopt whatever
OSHA requires if OSHA later regulates
the use of nPB. If finalized as proposed,
this rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/03/03 68 FR 33283
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4599.
Split from RIN 2060—AJ58. The
previous ANPRM was under SAN No.
3525.
Sectors Affected: 331 Primary Metal
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; 32615
Urethane and Other Foam Product
(except Polystyrene) Manufacturing
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205], Washington, DC
20460
Phone: 202—564—9163
Fax: 202 565—2155
Email:
sheppard.margaret@epamail.epa.gov
Erin Birgfeld, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202—564—9079
Fax: 202 565—2095
Email: birgfeld.erin@epamail.epa.gov
RIN: 2060-AK26
3293. PROTECTION OF
STRATOSPHERIC OZONE: BAN ON
TRADE OF METHYL BROMIDE TO
NONPARTIES TO THE MONTREAL
PROTOCOL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action will prohibit the
import and export of methyl bromide
(class I, Group VI controlled substance)
from or to a foreign state that is not
a party to the 1992 Copenhagen
Amendments to the Montreal Protocol.
The rule is being published in
accordance with the Montreal Protocol
and the Clean Air Act.
Timetable:
Action
Date FR Cite
Direct Final Action
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4756.
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
Jabeen Akhtar, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202—564—3514
Fax: 202—564—2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AK67
3294. PROTECTION OF
STRATOSPHERIC OZONE:
REFRIGERANT RECYCLING;
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
42 USC 767l(g) ."CAA 608"
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: EPA is amending the rule on
refrigerant recycling, promulgated
under section 608 of the Clean Air Act
to clarify how the statutory venting
prohibition of the act applies to
refrigerants that are used as substitutes
for CFC and HCFC ozone—depleting
refrigerants. It also exempts certain
substitute refrigerants from the
prohibition on the basis of current
evidence that their release does not
pose a threat to the environment. In
addition, EPA is extending the
refrigerant sales restriction to substitute
refrigerants that consist of an ozone—
depleting substance.
Timetable:
Action
Date
FR Cite
06/11/98 63 FR 32044
12/00/03
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3560.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9870
Fax: 202—565—2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AF37
3295. FEDERAL IMPLEMENTATION
PLANS FOR INDIAN RESERVATIONS
IN IDAHO, OREGON, AND
WASHINGTON
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 49.121 to 49.139;
40 CFR 49.9861 to 49.17810
Legal Deadline: None
Abstract: This Federal Implementation
Plan (FIP) proposes basic air rules to
apply on Indian Reservations in Idaho,
Oregon, and Washington. The rules
provide some basic air quality
protection similar to what the State
implementation plans (SIPs) require for
Idaho, Oregon, and Washington. These
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
rules are needed to establish a level
playing field and create basic federally
enforceable rules under the Clean Air
Act.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/15/02 67 FR 11748
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Federalism: Undetermined
Additional Information: SAN 4487.
EPA Region 10 would be responsible
for implementing and enforcing these
proposed rules. Tribes can choose to
assist EPA or take over responsibility
for their reservations, and EPA would
provide funding to tribes through grants
to support their efforts.
Agency Contact: Regina Thompson,
Environmental Protection Agency,
Regional Office Seattle, OAQ—107,
Seattle, WA 98101
Phone: 206 553—1498
Fax: 206 553—0110
Email:
thompson.regina@epamail.epa.gov
Bonnie Thie, Environmental Protection
Agency, Regional Office Seattle, OAQ—
107, Washington, DC 20460
Phone: 206—553—1189
Fax: 206 553—0110
Email: thie.bonnie@epamail.epa.gov
RIN: 2012-AA01
3296. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 5l.!00(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.
Action
Date FR Cite
NPRM
Final Action
09/30/99 64 FR 52731
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4254.
Agency Contact: William Johnson,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919 541—5245
Fax: 919 541—0824
Email: johnson.williaml@epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202—564—1174
Fax: 202 564—1554
Email: keating.terry@epamail.epa.gov
RIN: 2060-AI45
3297. RESCINDING FINDING THAT
PREEXISTING PM10 STANDARDS 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
preexisting 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. This
action is tentatively subject to the terms
of a settlement agreement that was
signed by all parties in January 2001.
A Federal Register notice of the
proposed settlement requesting public
comment was published January 30,
2001 in accordance with section 113(g)
of the Act. No negative comments were
received. EPA/DOJ signed the
settlement agreement and the State is
in the process of carrying out its
obligations under the settlement
agreement. The State submitted its
maintenance plan for Boise on
9/27/2002. Under the settlement, EPA
agreed to take final action on the State's
submittal by 9/30/2003. On July 30,
2003 a Feferal Register notice was
published proposing to rescind the
finding that the 1987 PM10 NAAQS are
not applicable in the Ada
County/Boise, Idaho area, and
simultaneously, to approve a PM10 SIP
maintenance plan for the Ada
County/Boise Idaho area and to
redesignate the area from
nonattainment to attainment. There will
be a 30—day comment period. Written
comments must be received on or
before August 29, 2003. Under the
settlement agreement, we must sign and
forward to the Federal Register office
our final action by September 30, 2003.
Timetable:
Action
Date FR Cite
NPRM1
Notice
NPRM
Final Action
06/26/00 65 FR 39321
07/26/00 65 FR 45953
07/30/03 68 FR 44715
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN 4391.
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD—15, C504—02,
RTF, NC 27711
Phone: 919—541—3223
Fax: 919 541—5489
Email: blais.gary@epamail.epa.gov
Geoffrey Wilcox, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202—564—5601
Email: wilcox,geoffrey@epamaii.epa.gov
RIN: 2060-AJ05
3298. COMPILATION OF SOURCE-
SPECIFIC ALTERNATIVE METHODS
BEING APPROVED FOR SOURCE-
CATEGORY WIDE APPLICATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
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EPA—Clean Air Act (CAA)
Final Rule Stage
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: Sources have applied for
approval of alternative test methods for
use at their facility. The Agency has
approved these methods and issued
letters of approval to each requestor.
The Agency has determined that these
methods could be used at similar
sources, thus giving those sources an
alternative test method to the one cited
in the regulation. This action seeks to
publish these facility—specific
approvals in order to provide other
facilities within the source category the
option of using the alternative method.
Timetable:
Action
Date
FR Cite
Direct Final Rule 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4548.
Agency Contact: Rima Howell,
Environmental Protection Agency, Air
and Radiation, D205—02, EMC
Building, D205—02, Research Triangle
Park, NC 27711
Phone: 919—541—0443
Fax: 919 541—1039
Email: howell.rima@epamail.epa.gov
Connie Oldham, Environmental
Protection Agency, Air and Radiation,
D205—02, Research Triangle Park, NC
27711
Phone: 919 541—7774
RIN: 2060-AJ84
3299. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION AND MINOR CORRECTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Final, Statutory,
October 31, 2001, Final.
Abstract: The final rule, Control of
Emissions of Hazardous Air Pollutants
From Mobile Sources (66 FR 17230,
3/29/01), directed EPA to revise the
default toxics baselines in the rule to
include year 2000 data when it
becomes available. When revised, the
default toxics baseline values will be
the average toxics values for gasoline
over the period 1998—2000. This data
is now available, and this rule will
promulgate those revised baseline
values, and also incorporate several
minor technical corrections to the
existing rule.
Timetable:
Action
Date FR Cite
Direct Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4621.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Ann Arbor, MI 48105
Phone: 734 214—4287
Fax: 734 214—4816
Email:
brunner.christine@epamail.epa.gov
Paul Cort, Environmental Protection
Agency, Air and Radiation, ORC2,
Washington, DC 20460
Phone: 415—972—3921
Fax: 415—972—3570
Email: cort.paul@epamail.epa.gov
RIN: 2060-AJ97
3300. REGULATION OF FUEL AND
FUEL ADDITIVES: EXTENSION OF
CALIFORNIA ENFORCEMENT
EXEMPTIONS FOR REFORMULATED
GASOLINE TO CALIFORNIA PHASE 3
GASOLINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.81
Legal Deadline: None
Abstract: EPA is proposing to exempt
refiners, importers, and blenders of
gasoline subject to the State of
California's reformulated gasoline
regulations from certain enforcement
provisions in the federal reformulated
(RFC) regulations. Certain exemptions
under the federal RFC program already
apply to California Phase 2 gasoline,
but additional exemptions are
necessary to cover Phase 3 gasoline.
Timetable:
Action
Date FR Cite
Direct Final Action
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4634.
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing
Agency Contact: Anne—Marie
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564—8987
TDD Phone: 202 564—2085
Fax: 202 565—2085
Email: pastorkovich.anne—
marie@epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202—564—9022
Fax: 202 565—2085
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AK04
3301. REVISIONS TO CLARIFY THE
SCOPE OF THE SUFFICIENCY
MONITORING REQUIREMENTS FOR
FEDERAL AND STATE OPERATING
PERMITS PROGRAMS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.6(c)(l); 40
CFR 71.6(c)(l)
Legal Deadline: None
Abstract: The purpose of these
rulemakings is to clarify that under 40
CFR 70.6(c)(l) and 71.6(c)(l), all title
V permits must contain monitoring
sufficient to assure compliance with the
permits' terms and conditions, as
required under sections 504(a), 504 (b),
504(c) and 114(a)(3) of the Clean Air
Act, where section 70.6(a)(3)(i)(B) or
section 71.6(a)(3) is not applicable.
Specifically, these rulemakings are
limited to the suspension and removal
of the prefatory phrase "(c)onsistent
with paragraph (a)(3) of this section"
from the sufficiency monitoring
requirement in section 70.6(c)(l) and
section 71.6(c)(l). The suspension and
removal will codify the Administrator's
interpretation of the title V monitoring
requirements as set forth in two
adjudicatory orders issued in 2000 in
response to petitions to object to title
V permits (the Pacificorp and Fort
James orders) and will be consistent
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
with two prior decisions of the U.S.
Court of Appeals for the District of
Columbia Circuit concerning the title V
monitoring requirements. We are
undertaking these rulemakings
consistent with the defense of pending
litigation, Utility Air Regulatory Group
v. EPA, No. 01—1204 (B.C. Cir.). In this
litigation, the Utility Air Regulatory
Group (UARG) has asserted, in part,
that EPA's interpretation of section
70.6(c)(l) and section 71.6(c)(l) as
stated in the Pacificorp and Fort James
orders is overbroad because the
prefatory language in these sufficiency
monitoring regulations (i.e., consistent
with paragraph (a)(3)) limits their scope
to that of the periodic monitoring
provisions at section 70.6(a)(3) and
section 71.6(a)(3). While EPA disagrees
with UARG's assertions, EPA believes
that further clarification through
rulemaking would be useful. The EPA
believes that suspension and removal
of the prefatory language will de—link
the sufficiency monitoring requirement
from the separate periodic monitoring
requirement, and thus, make more clear
the distinction between the two
requirements. Specifically, this
rulemaking will clarify that where an
applicable requirement does not require
any periodic testing or monitoring,
permit conditions are required to
establish "periodic monitoring
sufficient to yield reliable data from the
relevant time period that are
representative of the source's
compliance with the permit" under
section 70.6(a)(3)(i)(B) or section
71.6(a)(3). Where the applicable
requirement already requires "periodic"
testing or monitoring but that
monitoring is not sufficient to assure
compliance, the separate regulatory
standard at section 70.6(c](l) or section
71.6(c)(l) applies instead to require
monitoring "sufficient to assure
compliance." These rulemakings do not
address any other issues related to Title
V monitoring, such as the type of
monitoring required under the periodic
or sufficiency monitoring provisions.
The EPA expects to consider comments
on these other monitoring issues during
a separate, future notice—and—
comment rulemaking. The rulemakings
simply clarify existing requirements,
rather than impose new requirements.
Any future rulemaking actions on the
scope of sufficiency monitoring will be
subject to OMB review because the
related proposal was found to be a
"significant regulatory action" under
Executive Order 12866 due to "novel
legal or policy issues." In addition, all
such rulemaking actions have been
found not to be economically
significant, and they will not result in
additional costs to State, local, or tribal
governments, or to the private sector.
Timetable:
Action
Date FR Cite
NPRM
Interim Final Action
Final Action
09/17/02 67 FR 58561
09/17/02 67 FR 58529
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4699.
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C304—04, Research
Triangle Park, NC 27711
Phone: 919—541—3195
Fax: 919 541—5509
Email: herring.jeff@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304—04,
Research Triangle Park, NC 27711
Phone: 919—541—0886
Fax: 919 541—5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AK29
3302. WASTE ISOLATION PILOT
PLANT (WIPP) FY 2001 REPORT TO
CONGRESS
Priority: Info./Admin./Other
Legal Authority: PL 102—579, sec
23(a)(2)
CFR Citation: 40 CFR 194
Legal Deadline: None
Abstract: This Report to Congress is
required by section 23(a)(2) of the WIPP
Land Withdrwal Act, which requires
EPA to submit an annual report to
Congress "on the status of and
resources required for the fulfillment of
the Administrator's responsibilities
under the Act" regarding the Waste
Isolation Pilot Plant (WIPP). This report
summarizes the activities and progress
EPA has made in fulfilling its
responsibilities under the Act and
outlines the resources required for the
Agency to meet its commitments. The
WIPP is an underground repository for
the permanent disposal of radioactive
waste generated as byproducts from
nuclear weapons production. It was
constructed by the Department of
Energy (DOE) and is located near
Carlsbad, New Mexico. In 1998, EPA
certified that the WIPP complies with
EPA's radioactive waste disposal
standards at subpart B and C of 40 CFR
191 and EPA's WIPP compliance
criteria at 40 CFR 194, and thus is safe
to contain radioactive waste. Since that
time, the DOE has begun emplacing
waste in the WIPP. The waste is stored
approximately 2,100 feet underground
in excavated, natural salt formations.
EPA also has responsibility for assuring
continual compliance with EPA's
radioactive waste disposal standards.
EPA continues to have an oversight role
at the WIPP to ensure that it continues
to protect human health and the
environment. This Report summarizes
EPA's actvities past and present.
Timetable:
Action
Date FR Cite
Final Action
11/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4686.
Agency Contact: Ray Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—4625
Fax: 202 565—2062
Email: lee.ray@epamail.epa.gov
RIN: 2060-AK39
3303. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.81(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations which were published in
the Federal Register on March 29, 2001
(66 FR 17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
Date FR Cite
Direct Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73607
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4722.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Ann Arbor, MI 48105
Phone: 734 214—4287
Fax: 734 214—4816
Email:
brunner.christine@epamail.epa.gov
John Hannon, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—5563
Email: hannon.john@epamail.epa.gov
RIN: 2060-AK56
3304. AMENDMENTS TO THE
REQUIREMENTS ON VARIABILITY IN
THE COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Other, Statutory, May
30, 2001, Other.
Abstract: A direct final rule and
parallel notice of proposed rulemaking
were published on November 5, 2001,
in response to a settlement agreement
reached with the American Chemical
Council (ACC) regarding their litigation
on the Gasoline Deposit Control
Additive Rule. This litigation pertained
to the information that manufacturers
must provide on additive composition
at the time of certification. Adverse
comments were received on two of the
four amendments. A partial withdrawal
notice was published on January 24,
2002, which withdrew the amendments
on which we received adverse
comments. In this action, we plan to
finalize the provisions that were
withdrawn. The provisions we plan to
finalize are based on an ACC consensus
position, which reduces the burden on
manufacturers in demonstrating
compliance with limits on the
compositional variability of the deposit
control additives, while maintaining
the emissions control benefits of the
gasoline deposit control program.
Timetable:
Action
Date FR Cite
Direct Final Rule
Final Action
11/05/01 66 FR 55885
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4557.1.
Split from RIN 2060—AJ69. Action is
consistent with Settlement Agreement
signed with American Chemistry
Council in January 2000, which became
final in August, 2000 (no comments
were received in the public notice and
comment). ACC v. EPA, D.C. Cir. No.
94—1778 (consol).
Sectors Affected: 325998 All Other
Miscellaneous Chemical Product
Manufacturing
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734—214—4227
Fax: 734 214—4816
Email: herzog.jeff@epamail.epa.gov
Andrea Medici, Environmental
Protection Agency, Air and Radiation,
ARLO/PTSLO, Washington, DC 20460
Phone: 202—564—5634
Fax: 202 564—5653
Email: medici.andrea@epamail.epa.gov
RIN: 2060-AK62
3305. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES;
ADDENDUM TO SECOND
AMENDMENT TO THE TIER
2/GASOLINE SULFUR REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a); 42 USC 7401
to 7521(1); 42 USC 7521(m) to 7671q
CFR Citation: 40 CFR 80; 40 CFR 86
Legal Deadline: None
Abstract: On June 12, 2002, EPA
promulgated a direct final rule {SAN
4569, 67 FR 40169) that corrected,
amended, and revised certain
provisions of the Tier 2/Gasoline Sulfur
regulations to assist regulated entities
with program implementation and
compliance. At that time, EPA also
published a concurrent proposed rule
to be used in case the direct final rule
received adverse comment. Such
adverse comment was received, and a
portion of that June 12 rule had to be
withdrawn. This action will respond to
that adverse comment and address the
aforementioned withdrawn material.
Timetable:
Action
Date FR Cite
Direct Final Rule
Final Action
06/12/02 67 FR 40169
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4569.1.
Split from RIN 2060—AJ71.
Sectors Affected: 336111 Automobile
Manufacturing; 336112 Light Truck and
Utility Vehicle Manufacturing
Agency Contact: Mary Manners,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734—214—4873
Fax: 734 214—4051
Email: manners.mary@epamail.epa.gov
Robin Moran, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 734—214—4781
Fax: 734 214—4816
Email: moran.robin@epamail.epa.gov
RIN: 2060-AK63
3306. ANTI—DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti—
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action
11/00/03
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73608
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/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 4706.
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Ann Arbor, MI 48105
Phone: 734 214—4287
Fax: 734 214—4816
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202—564—5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
3307. REGULATION OF FUELS AND
FUEL ADDITIVES: MODIFICATIONS TO
STANDARDS AND REQUIREMENTS
FOR REFORMULATED AND
CONVENTIONAL GASOLINE
INCLUDING BUTANE BLENDERS AND
ATTEST ENGAGEMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7454(c); 42 USC 7454(k); 42 USC 7601
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Through the Clean Air Act
Amendments of 1990, Congress
mandated that EPA promulgate
regulations for reformulated and
conventional gasoline. The purpose of
this mandate was to reduce vehicle
emissions of toxic and ozone—forming
compounds. EPA published the
regulations on February 16, 1994. On
July 11, 1997, EPA published a
proposed rule that included various
minor adjustments to the 1994 rule.
The emissions benefits achieved from
the reformulated gasoline and
conventional gasoline programs would
not be reduced by the proposed
changes. On December 31, 1997, EPA
finalized many of the proposed
changes. This rule would finalize the
remaining changes that were not
included in the December 31, 1997
final rule.
Timetable:
Action
Date FR Cite
Final Partial
Final Action
12/31/97 62 FR 68196
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4758.
Sectors Affected: 32411 Petroleum
Refineries; 42271 Petroleum Bulk
Stations and Terminals
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202—564—8989
Fax: 202 565—2085
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77
3308. • PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq;
42 USC 7671(g) "CAA 608"
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: EPA is amending the rule on
refrigerant recycling equipment
intended for use with Substitute
Refrigerants: EPA is amending the rule
on refrigerant recycling, promulgated
under section 608 of the Clean Air Act,
to clarify how the requirements of
section 608 extend to refrigerant
recovery and/or recycling equipment
intended for use with substitutes for
CFC and HCFC refrigerants.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
07/11/97 62 FR 37338
NPRM 06/11/98 63 FR 32044
Final Action 03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3560.1.
Split from RIN 2060—AF37.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9870
Fax: 202—565—2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL77
3309. • REVISIONS TO FEDERAL
OPERATING PERMITS PROGRAM FEE
PAYMENT DEADLINES FOR
CALIFORNIA AGRICULTURAL
SOURCES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 42 CFR 71.9(f)
Legal Deadline: None
Abstract: The EPA is taking final
action to amend the Federal Operating
Permits Program to extend the date by
which state—exempt major agricultural
sources in California must pay fees and
to allow their permit applications to be
considered complete even though fees
will not be paid at the time the
applications are due. This action allows
EPA to process the applications and
issue permits while the Agency
computes a fee amount based on the
cost of administering the permits
program for these sources. The
amendments extend the due date for
submitting operating permit fees to EPA
until May 14, 2004 for agricultural
sources that are major sources subject
to title V but are not being permitted
by 34 Clean Air Act title V operating
permits programs in the State of
California.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
Withdrawal of Direct
Final
Final Action
05/13/03 68 FR 25548
05/13/03 68 FR 25507
06/27/03 68 FR 38197
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73609
EPA—Clean Air Act (CAA)
Final Rule Stage
Government Levels Affected: State
Additional Information: SAN 4791.
Agency Contact: Candace Carraway,
Environmental Protection Agency, Air
and Radiation, C304—04, Research
Triangle Park, NC 27711
Phone: 919—541—3189
Fax: 919 541—5509
Email:
carraway.candace@epamail.epa.gov
David Wampler, Environmental
Protection Agency, Air and Radiation,
AIRS, Washington, DC 20460
Phone: 415—972—3975
Fax: 415—947—3579
Email: wampler.david@epamail.epa.gov
RIN: 2060-AL82
3310. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2004
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671; 42 USC 7671q
CFR Citation: 40 CFR 82.4
Legal Deadline: None
Abstract: With this action, EPA will be
allocating essential—use allowances for
import and production of class I
stratospheric ozone depleting
substances (ODSs) for calendar year
2004. Essential—use allowances permit
a person to obtain controlled class I
ODSs as an exemption to the January
1, 1996 regulatory phase—out of class
I ODS solely for the designated
essential purpose. This regulation will
allocate essential use allowances for
CFCs for use in metered dose inhalers
for the treatment of asthma and chronic
obstructive lung disease, and methyl
chloroform for use in the space shuttle.
Timetable:
Action
Date
FR Cite
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4833. The
final rule must be published by January
1, 2004, in order for the pharmaceutical
companies that produce metered dose
inhalers to have access to CFCs in a
timely manner. We plan to publish the
proposal in early October.
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 202—564—9712
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM01
3311. • AIR QUALITY DESIGNATIONS
AND CLASSIFICATIONS FOR THE 8—
HOUR OZONE NAAQS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7407, 7501—
7515,7601
CFR Citation: 40 CFR part 81
Legal Deadline: Final, Judicial, April
15, 2004, Final.
Abstract: In 1997, EPA promulgated
the revised National Ambient Air
Quality Standards (NAAQS) for ozone.
This action is intended to promulgate
designations and classifications for
areas across the country as
attainment/unclassifiable or
nonattainment. The CAA defines a
nonattainment area to include the area
that is violating the NAAQS and any
nearby areas that are contributing to the
violation of the NAAQS. The process
for designations following promulgation
of a NAAQS is contained in Section
107(d)(l) of the CAA. EPA requested
States and Tribes to make
recommendations regarding attainment
of their areas by July 15, 2004. EPA
will review the recommended
designations and may make
modifications as deemed necessary to
such recommendations. If EPA
determines that a modification is
needed, the EPA will notify the State
and Tribes no later than 120 days prior
to promulgating final designations,
which provides an opportunity for
States and Tribes to defend their
recommended positions. In cases where
the States or Tribes do not submit
recommendations, EPA will promulgate
the designations for areas it deems
appropriate. Final ozone designations
will be promulgated on April 15, 2004
Timetable:
Action Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4839.
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, C504—02, Washington
DC, DC 20460
Phone: 919 541—5246
Fax: 919 541—0824
Email: nikbakht.annie@epa.gov
Sharon Reinders, Environmental
Protection Agency, Air and Radiation,
C539—02, Washington, DC 20460
Phone: 919 541—5284
Fax: 919 541—0824
Email: reinders.sharon@epa.gov
RIN: 2060-AM03
3312. • PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
AMENDED LEAK REPAIR
REQUIREMENTS FOR
REFRIGERATION AND AIR-
CONDITIONING EQUIPMENT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq;
42 USC 767l(g) "CAA 608"
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: EPA is amending the leak
repair requirements for commercial,
comfort cooling, and industrial process
refrigeration appliances, promulgated
under section 608 of the Clean Air Act.
This rule will address methods to
calculate leak rates, amend definitions
concerning leak repair, and clarify how
the leak repair requirements of section
608 extend to appliances using
refrigerants that are substitutes for CFC
and HCFC refrigerants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/11/98 63 FR 32044
03/00/04
Final Action
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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73610
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN 3560.2.
Split from RIN 2060. Split from RIN
2060—AF37.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9870
Fax: 202—565—2155
Email: banks.julius@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AM05
3313. PROJECT XL SITE—SPECIFIC
RULEMAKING FOR ANDERSEN
CORPORATION'S FACILITY IN
BAYPORT, MINNESOTA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This site—specific rule,
applicable only to the Andersen
Bayport facility, provides regulatory
changes under the Clean Air Act (CAA]
to implement Andersen Corporation's
XL project. In this project, the facility
will be allowed to increase production
levels without undergoing case—by—
case reveiws prompted by its Volatile
Organic Compounds (VOC) emission
changes, as long as its VOC emissions
per unit of production remain below
the performance ratio and its overall
emissions remain below a facilitywide
VOC cap.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/19/99 64 FR 19097
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4278.
Agency Contact: Brian Barwick,
Environmental Protection Agency,
Office of the Administrator, U.S. EPA
Region 5, Chicago, IL 60604
Phone: 312—886—6620
Email: barwick.brian@epamail.epa.gov
David Beck, Environmental Protection
Agency, Office of the Administrator,
E14302, Research Triangle Park, NC
27711
Phone: 919—541—5421
Email: beck.david@epamail.epa.gov
RIN: 2090-AA21
3314. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SITE—SPECIFIC
REGULATION FOR PACKAGING
CORPORATION OF AMERICA IN
TOMAHAWK, WISCONSIN
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.443; 40 CFR
63.457; 40 CFR 63,453
Legal Deadline: None
Abstract: This site specific regulation
will allow Packaging Corporation of
America (PCA) to operate its semi—
chemical pulp and paper mill with an
alternative control technology for its
hazardous air pollutants (HAPs). This
alternative treatment has been approved
by the EPA and its use will be
conducted as a pilot project under the
May 5, 1998, Joint State/EPA
Agreement to Pursue Regulatory
Innovation. An applicable federal air
rule requires semi—chemical pulp and
paper mills to collect and incinerate
their vent gases. As an alternative
treatment, PCA will collect and hard—
pipe vent gas condensates to their on—
site wastewater treatment plant. The
vent gas condensates contain a large
proportion of the vent gas HAPs, and
the HAPs are effectively treated in the
wastewater treatment plant. PCA has
agreed to accept as an enforceable limit
a methanol destruction rate of
approximately two times the amount of
methanol that would be destroyed with
the technology prescribed in the federal
air rule. Methanol is an appropriate
surrogate for the total HAPs in the vent
gases. Data from a full scale treatability
study conducted by PCA in June 2001
indicate that the alternative treatment
technology may be capable of achieving
approximately five times greater
methanol treatment than prescribed in
the air rule, although PCA will not
have to commit to achieving this
greater destruction rate.
Timetable:
Action
Date
FR Cite
Direct Final Action 02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4816.
Agency Contact: Eileen Furey,
Environmental Protection Agency,
Office of the Administrator, C—14J,
Chicago, IL 60604
Phone: 312—886—7950
Fax: 312—886—0747
Email: furey.eileen@epamail.epa.gov
Eaton Weiler, Environmental Protection
Agency, Office of the Administrator,
C—14J, Chicago, IL 60604
Phone: 312—886—6041
Fax: 312—886—0747
Email: weiler.eaton@epamail.epa.gov
RIN: 2090-AA33
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3315. NESHAP: OFF—SITE WASTE
AND RECOVERY OPERATIONS
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, July
1, 2004, Final.
Abstract: EPA developed technology—
based emissions standards (MACT
standards) for this source category
under section 112(d) of the Clean Air
Act, codified in 40 CFR part 63, subpart
DD. The current action, required by
section 112(f) of the Clean Air Act, is
to assess residual risks after compliance
with subpart DD, and develop
additional enission standards, as
necessary, to provide an ample margin
of safety.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73611
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4695.
Sectors Affected: 56221 Waste
Treatment and Disposal
Agency Contact: Elaine Manning,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—5499
Fax: 919 658—3186
Email: manning.elaine@epamail.epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439—03, Research Triangle Park, NC
27711
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK68
3316. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: "CAA H2(r)"
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR Part 68 require
certain stationary sources to report an
off—site consequence analysis (OCA),
including a worst—case release
scenario, in a risk management plan
(RMP) that is to be made available to
the public. In response to concerns that
posting OCA information on the
Internet might increase the risk of
terrorist and other criminal activities,
on August 5, 1999 the Chemical Safety
Information, Site Security and Fuels
Regulatory Relief Act (CSISSFRRA) was
enacted. The Act requires the President
to promulgate regulations governing the
distribution of the OCA sections of
RMPs that, in the opinion of the
President, would minimize the
likelihood of accidental releases and
the risk of terrorist and other criminal
activities associated with posting this
information. The President delegated
his rulemaking authority to the
Attorney General and the Administrator
of EPA, who jointly promulgated the
required regulations at 40 CFR part
1400. The part 1400 regulations restrict
the public's access to the OCA sections
of RMPs in certain ways. As currently
drafted, however, section 68.210(a) of
part 68 states that RMPs are available
to the public under CAA section 114,
which makes information collected
under the CAA, including RMPs in
their entirety, available to the public,
except for confidential business
information. EPA is therefore revising
40 CFR section 68.210(a) to reflect the
August 2000 rulemaking. The revision
will state that OCA data is made
available to the public under the
provisions of 40 CFR part 1400. This
revision is not meant to regulate any
new entities.
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 4607.
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202—564—8019
Fax: 202 564—8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE95
3317. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(3); REVISIONS TO THE LIST OF
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: "CAA 112(r)"
CFR Citation: 40 CFR 68.130
Legal Deadline: None
Abstract: The list of substances subject
to the Chemical Accident Prevention
requirements at 40 CFR part 68 was
promulgated on January 31, 1994. The
Clean Air Act states that the list may
be revised from time to time by EPA's
own motion or by petition and shall
be reviewed at least every 5 years.
Since the January 1994 final list rule,
EPA has modified the listing for
hydrochloric acid; deleted a category of
explosive chemicals; exempted
flammable substances in gasoline used
as fuel and in naturally occurring
hydrocarbon mixtures prior to initial
processing; and excluded flammable
substances used as a fuel or held for
sale as a fuel at a retail facility. In
fulfillment of the statute's 5—year
review requirement, EPA has
conducted a thorough review of the list.
Based on that review, EPA is proposing
additions, deletions and modifications
to the list of substances. Deletions are
based on EPA's review of the chemical
toxicity, physical property,
production/use quantity and accident
history of currently listed substances
and new information or erroneous data
that impacts the basis of the chemical's
listing. Other toxic and flammable
chemicals are proposed to be added
because they meet the criteria for
listing a toxic or flammable substance.
In addition, EPA proposes to revise the
reporting threshold and toxic endpoints
of several toxic substances based on
updated toxicity information. Facilities
(such as chemical manufacturers,
processors, and users), with more than
the threshold quantity of a listed
substance in a process, are required to
develop a risk management program
and submit a risk management plan to
EPA. The proposed changes to the list
will ensure that facilities are properly
managing risks of the most acutely
toxic and flammable chemicals that
could have an adverse impact on the
facility and surrounding community in
event of an accidental release.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4619.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202—564—7987
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73612
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Fax: 202 564—8444
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202—564—8019
Fax: 202 564—8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE96
3318. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Final.
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
05/00/05
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4266.
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, C539—01, 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,
C539—01, Research Triangle Park, NC
27711
Phone: 919—541—5271
Fax: 919 541—0237
Email:
richmond.harvey@epamail.epa.gov
RIN: 2060-AI43
3319. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial, March
31, 2005, NPRM.
Final, Judicial, December 20, 2005,
Final.
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) was
published that, among other things,
anticipated that EPA would 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). Due
to the unprecedented volume of new
research, the completion of the Criteria
Document has been extended. As result
the overall schedule for the review of
the PM NAAQS has extended beyond
the original target of July 2002. As with
other NAAQS reviews, a rigorous
assessment of relevant scientific
information will be presented in a
Criteria Document (CD) prepared by
EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will then 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 CD and
SP will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public, and both final
documents 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
considered in the Administrator's final
decision.
Timetable:
Action
Date
FR Cite
NPRM 01/00/05
Final Action 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4255.
Agency Contact: Mary Ross,
Environmental Protection Agency, Air
and Radiation, C539—01, Research
Triangle Park, NC 27711
Phone: 919541—5170
Fax: 919 541—0237
Email: ross.mary@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C539—01,
Research Triangle Park, NC 27711
Phone: 919—541—5274
Fax: 919 541—0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44
3320. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
Legal Authority: 42 USC 7409 "CAA
109"
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Legal Deadline: None
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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73613
EPA—Clean Air Act (CAA)
Long-Term Actions
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. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 FR 1665). EPA conducted
monitoring to evaluate sources of SO2
peaks and is currently analyzing these
data.. The results of this project will
inform the response to the remand.
Timetable:
Action
Date
FR Cite
NPRM NAAQS 11/15/94 59 FR 58958
Review
NPRM NAAQS impl— 03/07/95 60 FR 12492
51
Final Original 05/22/96 61 FR 25566
NPRM rev. NAAQS 01/02/97 62FR210
impl
Notice 05/05/98 63 FR 24782
Informational Notice 01/09/01 66 FR 1665
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 1002.
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, C539—01, Research
Triangle Park, NC 27711
Phone: 919—541—1146
Fax: 919 541—0237
Email: stone.susan@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C539—01,
Research Triangle Park, NC 27711
Phone: 919—541—5274
Fax: 919 541—0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AA61
3321. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7412 "CAA
112"
CFR Citation: 40 CFR 63
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:
Action
Date
FR Cite
Proposed Amdt
Final Action
03/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 2841.
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—5289
Fax: 919 541—5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH08
3322. NSPS AND EMISSION
GUIDELINES FOR OTHER SOLID
WASTE INCINERATORS
Priority: Other Significant
Legal Authority: 42 USC 7509 "CAA
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 (OSWI). A notice
published on November 9, 2000
announced that the Administrator
would promulgate OSWI standards by
November 15, 2005. The notice also
listed what classes of incinerators
might be covered by the OSWI
standards. 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:
Action
Date
FR Cite
Notice
NPRM
Final Action
11/09/00 65 FR 66850
11/00/04
11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN 3751.
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, C439—01, Research
Triangle Park, NC 27711
Phone: 919—541—5251
Fax: 919 541—5450
Email: porter.fred@epamail.epa.gov
Bob Wayland, Environmental
Protection Agency, Air and Radiation,
C439—01, Research Triangle Park, NC
27711
Phone: 919 541—1045
Fax: 919 541—5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG31
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73614
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3323. 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—7479
"CAA 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.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
05/16/97 62 FR 27158
10/00/05
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN 3919.
Agency Contact: Barrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202—564—7416
Fax: 202 501—1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
3324. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
SNAP PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671(k) "CAA 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
Date
FR Cite
ANPRM
NPRM
Final
Notice 1
NPRM1
Notice 2
Final 1
Notice 3
NPRM 2
Notice 4
Final 2
NPRM 3
Notice 5
Final 3
Notice 6
NPRM 4
Notice 7
NPRM 5
Notice 8
Notice 9
Interim Final 7
Interim Final 8
ANPRM 9
NPRM 6
Finals
Notice 10
Notice 11
Notice 12
Final 6
Notice 13
NPRM 10
Notice 14
Correction Notice 14
Notice 15
DF Rescind Rule
DF Rescind Foams
Con.
Notice 16
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 FR47012
10/16/96 61 FR 54030
03/10/97 62 FR 10700
05/21/97 62 FR 27874
06/03/97 62 FR 30275
02/03/98 63 FR 5491
02/24/98 63 FR 9 151
05/22/98 63 FR 28251
01/26/99 64 FR 3861
01/26/99 64 FR 3865
02/18/99 64 FR 8043
02/18/99 64 FR 8038
04/28/99 64 FR 22981
06/08/99 64 FR 30410
12/06/99 64 FR 68039
04/11/00 65 FR 19327
04/26/00 65 FR 24387
06/19/00 65 FR 37900
07/11/00 65 FR 42653
12/18/00 65 FR 78977
03/07/01 66 FR 13655
05/23/01 66 FR 28408
01/29/02 67 FR 4185
07/22/02 67 FR 47703
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3525.
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202—564—9163
Fax: 202 565—2155
Email:
sheppard.margaret@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202—564—0135
Fax: 202—565—2095
Email: cohen.jeff@epamail.epa.gov
RIN: 2060-AG12
3325. PHASE I (FIP) 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 State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: NPRM, Statutory,
January 25, 2003, NPRM.
Abstract: This action would
promulgate Federal Implementation
Plans (FIPs) which require nitrogen
oxides (NOx) emissions decreases. 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 (the 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 June 22, 2000, the D.C.
Court of Appeals assigned a new SIP
submittal date of October 30, 2000.
Eleven States (Virginia, West Virginia,
Alabama, Kentucky, North Carolina,
South Carolina, Tennessee, Illinois,
Indiana, Michigan, and Ohio) and the
District of Columbia had not submitted
adequate SIPs, as announced in a
findings rule published on December
26, 2000. All of these States have since
submitted approvable plans. (Note: The
FIPs discussed here would apply to all
elements of the NOx SIP call that were
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73615
EPA—Clean Air Act (CAA)
Long-term Actions
not remanded to EPA by the court on
March 3, 2000. The portions of the SIP
call that were remanded to EPA will
be covered under phase 2 SIPs, and if
necessary, separate FIP actions would
be prepared for those.)
Timetable:
Action
NPRM
Findings Action
Final Action
Date
10/21/98
12/26/00
To Be
FR Cite
63 FR 56393
65 FR 81 366
Determined
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 4096.
Sectors Affected: 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing;
325199 All Other Basic Organic
Chemical Manufacturing; 325998 All
Other Miscellaneous Chemical Product
Manufacturing; 324199 All Other
Petroleum and Coal Products
Manufacturing; 33611 Automobile and
Light Duty Motor Vehicle
Manufacturing; 32731 Cement
Manufacturing; 331221 Cold-Rolled
Steel Shape Manufacturing; 221121
Electric Bulk Power Transmission and
Control; 221122 Electric Power
Distribution; 327211 Flat Glass
Manufacturing; 221112 Fossil Fuel
Electric Power Generation; 327213
Glass Container Manufacturing; 32512
Industrial Gas Manufacturing; 325131
Inorganic Dye and Pigment
Manufacturing; 331111 Iron and Steel
Mills; 322122 Newsprint Mills; 333618
Other Engine Equipment
Manufacturing; 327212 Other Pressed
and Blown Glass and Glassware
Manufacturing; 322121 Paper (except
Newsprint) Mills; 32213 Paperboard
Mills; 32511 Petrochemical
Manufacturing; 48621 Pipeline
Transportation of Natural Gas; 325211
Plastics Material and Resin
Manufacturing; 32211 Pulp Mills;
22133 Steam and Air-Conditioning
Supply
Agency Contact: Doug Grano,
Environmental Protection Agency, Air
and Radiation, C539—02, Washington,
DC 20460
Phone: 919—541—3292
Fax: 919 541—0824
Email: grano.doug@epamail.epa.gov
Jan King, Environmental Protection
Agency, Air and Radiation, C539—02,
Research Triangle Park, NC 27711
Phone: 919—541—5665
Fax: 919 541—0824
Email: king.jan@epamail.epa.gov
RIN: 2060-AH87
3326. NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart GG.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from the same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
3327. NESHAP: GROUP II POLYMERS
AND RESINS —RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
8, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA. This
source category covers certain chemical
process units used to manufacture
products. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4653.
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C435—D, Research
Triangle Park, NC 27711
Phone: 919—541—5439
Fax: 919 541—0942
Email: wayne.tony@epamail.epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439—04,
Research Triangle Park, NC 27711
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK08
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4657.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5402
Fax: 919 541—3470
Email:
mcdonald.randy@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AK13
3328. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2002, Final.
Abstract: A national emission standard
for hazardous air pollutants (NESHAP)
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73616
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
for industrial process cooling towers
(IPCT) was previously promulgated
under Section 112(d) of the Clean Air
Act. That standard effectively bans the
use of chromium—based water
treatment chemicals in IPCT used to
remove heat from chemical or
industrial processes. The Clean Air Act
Section 112(f) requires us to assess
within 8 years of promulgation of a
NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from IPCT and, if warranted, to develop
new risk based standards.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4660.
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—5289
Fax: 919 541—5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
3329. NESHAP: NATIONAL EMISSION
STANDARDS FOR MARINE TANK
VESSEL LOADING OPERATIONS —
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 19, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart Y.
This source category covers tanks or
ships that contain gasoline, crude oil,
or HAPs in bulk. The current action,
required by section 112(f) of the CAA,
is to assess residual risks from this
same source category, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4661.
Sectors Affected: 483 Water
Transportation
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439—04, Research
Triangle Park, NC 27711
Phone: 919—541—0837
Fax: 919 541—0942
Email:
markwordt.david@epamail.epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, C439—04,
Research Triangle Park, NC 27711
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK17
3330. NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA developed technology—
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by Section 112(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standards,
as necessary, to provide an ample
margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 4662.
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—2940
Fax: 919 541—5689
Email: jones.rhea@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AKl8
3331. NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, June
23, 2003, Final.
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for secondary lead smelting were
promulgated on June 23, 1995 under
Clean Air Act Section 112(d). The
standards establish emission limitations
and work practice standards for all new
and existing secondary lead smelters
that produce refined lead from lead
scrap, mainly lead acid batteries. Clean
Air Act Section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from secondary lead smelters and to
develop new risk based standards, if
warranted.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4665.
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73617
EPA—Clean Air Act (CAA)
Long-Term Actions
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—2364
Fax: 919 541—5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19
3332. NESHAP: SHIPBUILDING AND
SHIP REPAIR SURFACE COATING —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 31, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart II.
This source category covers air—toxic
emissions from the painting, welding,
and sandblasting of ships under
construction or repair at major sources.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4666.
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—2379
Fax: 919 541—5689
Email:
serageldin.mohamed@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AK20
3333. NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS —
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 7, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart JJ.
This source category covers air—toxic
emissions from wood—furniture
manufacturing, including wood
finishing, gluing, and painting. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4667.
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C—539—03, Research
Triangle Park, NC 27711
Phone: 919—541—2363
Fax: 919 541—5689
Email: dail.lynn@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AK21
3334. NESHAP: HALOGENATED
SOLVENT CLEANING —RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 2, 2002, Final.
Abstract: This action is required by the
CAA to assess residual risk and
develop standards as necessary to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4668.
Sectors Affected: 335999 All Other
Miscellaneous Electrical Equipment
and Component Manufacturing; 332999
All Other Miscellaneous Fabricated
Metal Product Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
332116 Metal Stamping; 339
Miscellaneous Manufacturing; 336
Transportation Equipment
Manufacturing
Agency Contact: Lynn Dail,
Environmental Protection Agency, Air
and Radiation, C—539—03, Research
Triangle Park, NC 27711
Phone: 919—541—2363
Fax: 919 541—5689
Email: dail.lynn@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: bjrrne.dianne@epamail.epa.gov
RIN: 2060-AK22
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3335. NESHAP: MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 15, 2002, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
I12(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4669.
Sectors Affected: 334613 Magnetic and
Optical Recording Media
Manufacturing; 33461 Manufacturing
and Reproducing Magnetic and Optical
Media
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C—539—03, Research
Triangle Park, NC 27711
Phone: 919—541—2363
Fax: 919 541—5689
Email: dail.lynn@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AK23
3336. NESHAP: PRINTING AND
PUBLISHING INDUSTRY — RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
30, 2004, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart KK.
This source category covers air—toxic
'emissions from many activities located
at printing and publishing facilities —
primarily the printing process itself,
plus affiliated equipment such as
cleaning, ink and solvent mixing,
chemical storage, and solvent recovery.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
August 31, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart CC.
This source category covers air—toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
NPRM
To Be Determined Timetable:
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 4664.
Sectors Affected: 322221 Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
323112 Commercial Flexographic
Printing; 323111 Commercial Gravure
Printing; 322212 Folding Paperboard
Box Manufacturing; 322225 Laminated
Aluminum Foil Manufacturing for
Flexible Packaging Uses; 323119 Other
Commercial Printing; 322223 Plastics,
Foil, and Coated Paper Bag
Manufacturing
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919—541—0859
Fax: 919 541—5689
Email: salman.dave@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
C539—03, Research Triangle Park, NC
27711
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AK24
3337. NESHAP: PETROLEUM
REFINERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4663.
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439—03, Research
Triangle Park, NC 27711
Phone: 919—541—0884
Fax: 919 541—0246
Email: lucas.bob@epamail.epa.gov
K. Hustvedt, Environmental Protection
Agency, Air and Radiation, C439—03,
Research Triangle Park, NC 27711
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK25
3338. NATIONAL EMISSION
STANDARDS FOR CHROMIUM
EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM
ELECTROPLATING AND CHROMIUM
ANODIZING TANKS — RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
January 25, 2003, Final.
Abstract: A national emission standard
for chromium emissions from hard and
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Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73619
EPA—Clean Air Act (CAA)
Long-Term Actions
decorative chromium electroplating and
chromium anodizing tanks was
previously promulgated under Section
112(d) of the Clean Air Act. That
standard set emission limits for
chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks. The Clean
Air Act Section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from hard and decorative chromium
electroplating and chromium anodizing
tanks and, if warranted, to develop new
risk based standards.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4750.
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—5289
Fax: 919 541—5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439—02,
Research Triangle Park, NC 27711
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK72
3339. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT : 4,4'—
METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'—Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: a completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
proided in the CAA.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4782.
Agency Contact: William Boyes,
Environmental Protection Agency, Air
and Radiation, C404—01, Research
Triangle Park, NC 27711
Phone: 919—541—7538
Fax: 919 541—0840
Email: boyes.william@epamail.epa.gov
David Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919 541—5368
Fax: 919 541—0840
Email: guinnup.dave@epa.gov
RIN: 2060-AK84
3340. NESHAP: GROUP I POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 6, 2004, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart U.
This source category covers chemical
process units used to manufacture
elastomer products from raw materials.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
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 4656.
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919 541—5608
Fax: 919 541—3470
Email: rosensteel.bob@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919 541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AK12
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73620
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3341. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
22, 2003, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. This rule will
cover the major sources of air emissions
within the synthetic organic chemical
industry.
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 4659.
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5416
Fax: 919 541—3470
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919—541—5368
Fax: 919 541—0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK14
3342. NESHAP: GROUP IV POLYMERS
AND RESINS — RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 12, 2004, Final.
Abstract: EPA developed technology—
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJJ.
This source category covers chemical
process units used to manufacture
thermoplastic products from raw
materials. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
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 4658.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Robert Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919 541—5608
Fax: 919 541—3470
Email: rosensteel.bob@epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AK15
3343. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory,
December 14, 1999, Final.
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
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
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: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 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: Caxla Oldham,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD—15,
C539—02, Research Triangle Park, NC
27711
Phone: 919—541—5565
Fax: 919 541—0824
Email: cole.david@epamail.epa.gov
RIN: 2060-AI99
3344. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 752l(m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73621
EPA—Clean Air Act (CAA)
Long-Term Actions
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
Direct Final Rule
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3910.
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734—214—4450
Email: good.david@epamail.epa.gov
RIN: 2060-AH34
3345. REVISIONS TO THE APPEAL
PROCEDURES AND THE FEDERAL
NOX BUDGET TRADING PROGRAM,
PARTS 78 AND 97
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7601; 42 USC
7651 et seq; 42 USC 7401; 42 USC
7403; 42 USC 7426
CFR Citation: 40 CFR 75 (Revision); 40
CFR 97 (Revision)
Legal Deadline: None
Abstract: This rule is a set of revisions
which will simplify and streamline the
interface between the existing Acid
Rain Program and the NOx Budget
Trading Program.
Timetable:
Action
NPRM
NPRM ECP
Final Action
Date FR Cite
06/13/01 66 FR 31978
07/27/01 66 FR 39123
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4682.
Split from RIN 2060—AJ43.
Sectors Affected: 221111 Hydroelectric
Power Generation
Agency Contact: Dwight Alpern,
Environmental Protection Agency, Air
and Radiation, 6204N, Washington, DC
20460
Phone: 202—564—9151
Fax: 202—565—2141
Email: alpern.dwight@epamail.epa.gov
RIN: 2060-AK36
3346. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM-
PART 71
Priority: Other Significant
Legal Authority: 42 USC 7661(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.
Timetable:
Action
Date FR Cite
NPRM 06/00/06
Final Action 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3922.
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304—04, Research
Triangle Park, NC 27711
Phone: 919—541—5348
Fax: 919 541—5509
Email: voorhees.scott@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304—04,
Research Triangle Park, NC 27711
Phone: 919—541—0886
Fax: 919 541—5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AG92
3347. SELECTION OF SEQUENCE OF
MANDATORY SANCTIONS TO BE
APPLIED PURSUANT TO SECTION
502 OF THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7661a(d); 42
USC 7661a(g); 42 USC 7661a(i)
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This rule would establish the
order of sanctions for operating permits
program deficiencies under the
mandatory sanctions provisions of title
V of the Clean Air Act. This rule would
stipulate that an emission offset
sanction applies first and a highway
funding sanction six months later.
Sanction application under section 502
of the Clean Air Act is automatic under
the timeframes prescribed once EPA
selects the sanction order; EPA's only
discretion concerns the ordering of
sanctions as discussed above. Thus, the
only relevant potential impact is the
effect of applying, as a general matter,
the emission offset sanction six months
before the highway sanction. The EPA
does not believe this will have a
significant impact given the short
period of time the offset sanction will
apply before the highway sanction
would apply when States fail to correct
title V deficiencies. Moreover, EPA also
believes that, in the event applying the
highway sanction is not necessary six
months following the offset sanction,
because the State has corrected the
deficiency prompting the finding,
applying the offset sanction first
eliminates the need for EPA and other
agencies to bear the greater
administrative and implementation
burden of having to effectuate the
highway sanction.
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 4700.
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304—04, Research
Triangle Park, NC 27711
Phone: 919—541—5348
Fax: 919 541—5509
Email: voorhees.scott@epamail.epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, C304—04,
Research Triangle Park, NC 27711
Phone: 919—541—0886
Fax: 919 541—5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AK46
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73622
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3348. 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
NPRM
Final Action
Date
12/00/04
12/00/05
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 3263.
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734—214—4928
Fax: 734 214—4052
Email:
polovick.buddy@epamail.epa.gov
RIN: 2060-AE20
3349. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
"CAA 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
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 3917.
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave.
NW., Washington, DC 20460
Phone: 734 214—4283
Fax: 734 214—4052
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3350. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60 Appendix B;
40 CFR 60 Appendix F
Legal Deadline: None
Abstract: This action proposes
Performance Specification 17 (PS—17),
Quality Assurance (QA) Procedure 4,
and amendments to Appendix F, QA
Procedure 1. Performance Specification
17 and QA Procedure 4 apply to
continuous parameter monitoring
systems (CPMS). Many of the rules
promulgated under 40 CFR part 63
require owners and operators of
affected emission units to install and
operate CPMS to monitor various
parameters, such as temperature,
pressure, flow rate, and pH, associated
with the operation and performance of
emission control devices. However,
few, if any, of those rules specify
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS—17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures that
will ensure that those CPMS provide
quality data on an ongoing basis. Both
PS—17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1 of Appendix F
currently addresses QA procedures for
continuous emission monitoring
systems (GEMS) that measure a single
pollutant. The proposed amendments to
QA Procedure 1 broadens the
procedure to address the unique
requirements of CEMS that are used for
monitoring multiple pollutants.
Because several of the regulations
promulgated under 40 CFR part 63
require multiple pollutant CEMS, these
amendments are needed to ensure those
CEMS are operated in a manner that
ensures the quality of the emission data
collected. This action is not expected
to have any impacts on small entities
or State, local, or tribal governments.
Timetable:
Action
Date FR Cite
NPRM
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4584.
Sectors Affected: 21 Mining; 22
Utilities; 31-33 Manufacturing; 486
Pipeline Transportation; 562212 Solid
Waste Landfill; 562213 Solid Waste
Combustors and Incinerators
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN—341W, D205—02,
Washington, DC 20460
Phone: 919—541—5635
Fax: 919 541—0516
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AJ86
3351. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): CLEAN UNITS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This proposed rule would
revise the provisions for the clean unit
test contained in the major New Source
Review (NSR) requirements. This action
proposes to revise the length of the
clean unit designation period contained
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73623
EPA—Clean Air Act (CAA)
Long-Term Actions
in the final NSR rules. The current
rules allow for clean unit designation
to be used for 10 years provided the
source meets the requirements to
maintain clean unit status. This
proposed rule would recognize that the
average life expectancy of control
equipment is 15 years rather than the
10 years contained in the final rules.
Permitting agencies and industry will
benefit from this action by potentially
reducing the number of future permit
actions. As a result, this action reduces
the compliance burden, including
annual compliance costs, for all sources
subject to the major NSR program
requirements.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4691.
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, C33903, Research
Triangle Park, NC 27711
Phone: 919—541—1084
Fax: 919 541—5509
Email: santiago.juan@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency. Air and Radiation,
C339—03, Research Triangle Park, NC
27711
Phone: 919—541—5795
Fax: 919 541—5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AK42
3352. VOLUNTARY SUPERIOR
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 to 61; 40 CFR
63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: The Emissions Measurement
Center of EPA's Office of Air Quality
Planning and Standards in Research
Triangle Park, NC is exploring a
regulatory option called "Voluntary
Superior Monitoring (VSM)." Under
this option, owners/operators of
industrial air pollution sources could
volunteer to conduct "superior"
monitoring which could range from
more frequent monitoring of emissions
to replacement of existing monitoring.
In return for conducting superior
monitoring, EPA will offer incentives
to these sources, such as less record
keeping and reporting, some flexibility
in control device or process operation,
or flexibility in averaging times for
determining compliance with the
standard. We are also planning to
provide guidance on how to implement
Voluntary Superior Monitoring and
what criteria industrial sources would
need to meet to be eligible for this
program. This rulemaking will be
beneficial for both industry and the
environment. Industry will be
encouraged to conduct better
monitoring which will potentially
allow them to monitor their processes
better, ensure their control equipment
is running efficiently, and focus their
maintenance practices. As a result of
this improved monitoring by industry,
we expect that air emissions will be
reduced significantly. Industry will also
be better able to demonstrate
compliance with data collected from
the superior monitoring. These data
will also demonstrate to citizens that
an industry is in compliance and, thus,
a "good neighbor.'1' We expect this rule
to be implemented through the
operating permits program which will
involve state and local air pollution
control agencies and the EPA regional
offices. Instead of revising each
individual New Source Performance
Standard (NSPS) and National Emission
Standards for Hazardous Air Pollutant
(NESHAP) to incorporate superior
monitoring provisions, we envision
proposing this regulatory option by
revising the general provisions to parts
60, 61, and 63. The general provisions
contain monioring, testing,
recordkeeping, reporting, and other
requirements common to all NSPS
and/or NESHAP. In addition, we
believe that the operating permit
program in parts 70 and 71 will need
to be modified to allow this approach.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4783.
Sectors Affected: 325 Chemical
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 337 Furniture
and Related Product Manufacturing;
333 Machinery Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 323
Printing and Related Support Activities;
336 Transportation Equipment
Manufacturing; 221 Utilities; 321 Wood
Product Manufacturing
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D205—02, Research
Triangle Park, NC 27711
Phone: 919—541—5135
Fax: 919 541—0516
Email: driscoll.tom@epamail.epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN—341W, D205—02, Washington, DC
20460
Phone: 919—541—5635
Fax: 919 541—0516
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AK85
3353. • CONSIDERATION OF
INDUSTRY PETITION TO REMOVE
THE TWO—PIECE CAN
SUBCATEGORY FROM THE CLEAN
AIR ACT HAZARDOUS AIR
POLLUTANT SOURCE CATEGORY
LIST
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 CFR 63
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the two—piece can
subcategory from the Metal Can Surface
Coating source category, which is on
the list of hazardous air pollutant
source categories under section 112(c)
of the Clean Air Act. The Agency must
review the petition and either grant or
deny the petition within 12 months of
the date the complete petition is
received. If the Agency grants the
petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
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73624
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Agency denies the petition, a notice of
denial will be published in the Federal
Register providing an explanation of
the denial. The Can Manufactures
Association submitted the petition on
November 4, 1996, and provided
additional materials through April 4,
1999. At that time we determined the
petition was complete. A final decision
on the merits of the petition has been
delayed due to outstanding
toxicological issues regarding two
pollutants (formaldehyde and ethylene
glycol monobutyl ether (EGBE)), and
due to a technically weak ecological
assessment prepared by the petitioner.
Issues with formaldehyde and EGBE
should be resolved soon and we are
still awaiting an updated ecological
assessment from the petitioner.
Timetable:
Action
Date FR Cite
Notice To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4799.
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404—01, Research
Triangle Park, NC 27711
Phone: 919—541—2962
Fax: 919 541—0840
Email: rimer.kelly@epamail.epa.gov
David Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919 541—5368
Fax: 919 541—0840
Email: guinnup.dave@epa.gov
RIN: 2060-AL86
3354. • CONSIDERATION OF
INDUSTRY PETITION TO REMOVE
ETHYLENE GLYCOL MONOBUTYL
ETHER FROM THE CLEAN AIR ACT
LIST OF HAZARDOUS AIR
POLLUTANTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency received a
petition to remove Ethylene Glycol
Monobutyl ether (EGBE, 2—
Butoxyethanol) from the American
Chemistry Council on August 29, 1997,
with additional submittals through
December 21, 1998. This action will
address that petition. A final decision
on the petition will involve the
resolution of toxicological issues with
EGBE, including whether or not it is
a human carcinogen. The institutional
structure under which the petition will
be considered is as follows: The Clean
Air Act requires EPA to regulate 188
compounds that are listed as air toxics,
also known as hazardous air pollutants.
Air toxics are those pollutants known,
or suspected, to cause cancer and other
human health problems. The law
allows EPA to consider petitions to
modify the list, by adding or removing
substances. Individuals seeking to
remove a substance must demonstrate
that there are adequate data to
determine that emissions, outdoor
concentrations, bioaccumulation, or
atmospheric deposition of the
substance may not reasonably be
anticipated to damage human health or
the environment. Once EPA receives a
petition, it conducts two reviews: a
completeness review, to determine
whether there is sufficient information
on which to base a decision; and a
technical review, to evaluate the merits
of the petition. The EPA also requests
and considers information from the
public. After a comprehensive technical
review of both the petition and the
information received from the public to
determine whether the petition satisfies
the requirements of the CAA, the
review team recommends to the
Administrator whether to grant the
petition. If the Administrator decides to
grant a petition, we propose a rule in
the Federal Register which proposes a
modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing If the
Administrator decides to deny a
petition, a notice setting forth an
explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date
FR Cite
Notice
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4800.
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404—01, Research
Triangle Park, NC 27711
Phone: 919—541—2962
Fax: 919 541—0840
Email: rimer.kelly@epamail.epa.gov
David Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919 541—5368
Fax: 919 541—0840
Email: guinnup.dave@epa.gov
RIN: 2060-AL87
3355. • CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON—BOARD DIAGNOSTIC
REQUIRMENTS FOR HEAVY—DUTY
ENGINES AND VEHICLES ABOVE
14,000 POUNDS AND IN—USE, NOT—
TO—EXCEED EMISSION STANDARD
TESTI
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is proposing to establish
on—board diagnostic (OBD)
requirements for heavy—duty on—
highway and non—road vehicles and
engines greater than 14,000 pounds
gross vehicle weight. This action will
also propose to require manufacturers
of these vehicles and engines to make
available emissions—related service
information to after market service
providers. OBD systems are intended to
monitor the performance of emission
controls on these vehicles and engines
to ensure proper functionality and
compliance with emissions standards.
This notice also proposes a
manufacturer run in use testing
program for heavy—duty engines and
vehicles to assess compliance with the
applicable not to exceed standards
beginning in 2007. This portion of the
notice has a court—ordered date for
May 2004 and final May 2005 as a
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73625
EPA—Clean Air Act (CAA)
Long-Term Actions
result of a settlement between EPA ,
ARE, and Engine Manufacturers.
Timetable:
Action
Date FR Cite
NPRM
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4809.
Agency Contact: Arvon Mitcahm,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734 214—4222
Fax: 734 214—4053
Email: mitcham.arvon@epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 734—214—4288
Fax: 734 214—4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
3356. • NESHAP: FERROALLOYS
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
20, 2007, Final.
Abstract: EPA developed technology—
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by Section 112{f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standard,
as necessary, to provide an ample
margin of safety.
Timetable:
Action
Date FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4810.
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439—02, Research
Triangle Park, NC 27711
Phone: 919—541—1512
Fax: 919 541—5450
Email: chin.conrad@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404—01, Research Triangle Park, NC
27711
Phone: 919—541—5368
Fax: 919 541—0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL93
3357. • MINERAL WOOL
PRODUCTION RESIDUAL RISK
STANDARD
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: PL 91—190, sec 203;
42 USC 7401
CFR Citation: 40 CFR 63.1175 to
63.1199
Legal Deadline: None
Abstract: Section 112(f)(2) of the Clean
Air Act (CAA) directs us to assess the
risk remaining (residual risk) after the
application of control technology
standards under section 112(d)
(MACT). The EPA is to promulgate
more stringent standards for a category
or subcategory of sources subject to
MACT standards under section 112(d)
if promulgation of such standards is
necessary to protect public health with
an ample margin of safety or to prevent
(taking into consideration various
factors) adverse environmental effects.
In particular, the CAA specifies the
cancer risk of concern for setting more
stringent standards. The CAA states
that if the MACT standards do not
reduce lifetime excess cancer risk to the
individual most exposed to emissions
... to less than one in one million, the
Administrator shall promulgate
standards under this subsection for
such source categories. The standards
to be promulgated under this
subsection must provide an ample
margin of safety to protect public
health in accordance with this section
(as in effect before the date of
enactment of the Clean Air Act
Amendments of 1990), unless the
Administrator determines that a more
stringent standard is necessary to
prevent, taking into consideration costs,
energy, safety, and other relevant
factors, an adverse environmental
impact. Section 112(f)(2)(B) expressly
preserves EPA's interpretation of an
ample margin of safety developed in
the 1989 benzene NESHAP final rule.
EPA will review the mineral wool
production MACT standard and
conduct analyses to determine whether
the residual risk warrants further
regulation. The CAA requires that the
residual risk rules be promulgated (if
necessary) within eight years (nine for
the two—year bin standards) after the
promulgation of the associated MACT
standard. The MACT rule for the
mineral wool production source
category was promulgated on June 1,
1999. Therefore, the statutory deadline
for promulgating a residual risk rule (if
necessary) for this source category is
June 1, 2007.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4825.
Legal: Legislative deadline for the
residual risk rule is 8 years after
promulgation of that source category's
MACT rule.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C—504—05, Research
Triangle Park, NC 27711
Phone: 919—541—5167
Fax: 919 541—5600
Email: fairchild.susan@epamail.epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, C 504—05,
RTP, NC 27711
Phone: 919—541—5596
Fax: 919 541—5600
Email: crowder.iim@epamail.epa.gov
RIN: 2060-AL96
3358. • NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
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73626
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: EPA promulgated
technology—based emission standards
for this source category in 1998 under
section 112(d) of the Clean Air Act.
These standards are codified at 40 CFR
part 63, subpart III. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risks that
remain once that standard becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN 4831.
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919 541—5607
Fax: 919 541—3470
Email: noell.maria@epa.gov
Warren Johnson, Environmental
Protection Agency, Air and Radiation,
C504—04, Research Triangle Park, NC
27711
Phone: 919—541—5267
Fax: 919 541—3470
Email: johnson.warren@epamail.epa.gov
RIN: 2060-AL99
3359. • NESHAP: PHARMACEUTICALS
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
October 21, 2010, Final.
Abstract: EPA promulgated
technology—based emission standards
for this source category in 1998 under
section 112(d) of the Clean Air Act.
These standards are codified at 40 CFR
part 63, subpart FFF. The current
action, required by section 112(f) of the
Clean Air Act, is to assess residual risk
that remains once that rule becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4832.
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919—541—5402
Fax: 919 541—3470
Email:
mcdonald.randy@epamail.epa.gov
Randy Waite, Environmental Protection
Agency, Air and Radiation, C504—04,
Research Triangle Park, NC 27711
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AMOO
3360. • REPEAL OF VACATED PM10
NATIONAL AMBIENT AIR QUALITY
STANDARDS AND RELATED
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq;
5 USC 553
CFR Citation: 40 CFR 50, 53, 58
Legal Deadline: None
Abstract: In American Trucking
Associations, Inc., et al., v. EPA, the
U.S. Court of Appeals for the B.C.
Circuit vacated revisions to the PM10
national ambient air quality standards
issued by EPA in 1997, and left intact
the pre—existing PM10 standards. To
conform the Code of Federal
Regulations to the court's decision, it
is necessary to remove the revised
standards and all associated regulations
and interpretative materials. Because
this is purely a ministerial action, final
rulemaking without opportunity for
public review and comment is justified
under "good cause" provisions of the
Administrative Procedure Act.
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4837.
Agency Contact: Eric Ginsburg,
Environmental Protection Agency, Air
and Radiation, C304—02, Washington
DC, DC 20460
Phone: 919 541—0877
Fax: 919 541—4511
Email: ginsburg.eric@epa.gov
Dr. Martin, Environmental Protection
Agency, Air and Radiation, C539—01,
Washington, DC 20460
Phone: 919 541—5274
Fax: 919 541—0237
Email: martin.karen@epa.gov
RIN: 2060-AM02
3361. • AIR QUALITY DESIGNATIONS
FOR THE PM—2.5 NAAQS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7404(d)
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: This rule sets out final air
quality designations and classifications
for all areas of the United States as
required by section 107 of the Clean
Air Act (CAA). The air quality status
of an area is represented by the
designation of the area. Designations
are objectively based upon air quality
monitoring data and other relevant
information pertaining to the air quality
of the area. Area designations of
attainment/unclassifiable means that
the area has sufficient data to
determine that the area is meeting the
PM—2.5 NAAQS, or that due to no
data being available for the area, or
insufficient data being available, EPA
cannot make a determination for the
area. States and tribes were requested
to make their recommendations to EPA
on the attainment status of their
respective areas by February 2004. EPA
will review the recommended
designations and may make
modifications as deemed necessary. If
EPA determines that a modification to
the recommendations is required, EPA
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EPA—Clean Air Act (CAA)
Long-Term Actions
will notify the State or tribe of their
decision no later than 120 days prior
to promulgating a final designation,
which provides an opportunity for
them make a case for why EPA's
modification may be inappropriate. In
cases where a State or tribe does not
make a recommendation, the EPA will
promulgate the designation that it
deems appropriate. The final date for
promulgating designations for PM—2.5
will be December 31, 2004.
Timetable:
Action
Date
FR Cite
Final Action 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4840.
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, MD—15, C504—02,
Washington DC, DC 20460
Phone: 919 541—0906
Fax: 919 541—5489
Email: wallace.larry@epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
C504—02, Washington, DC 20460
Phone: 919 541—5592
Fax: 919 541—5489
Email: damberg, rich@epa.gov
RIN: 2060-AM04
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3362. OVERVIEW OF RULEMAKINGS
FOR THE PURPOSE OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Final Action
NPRM
05/01/02 67 FR 21868
04/04/03 68 FR 16644
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Local,
State
Agency Contact: Jan King
Phone: 919—541—5665
Fax: 919 541—0824
Email: king.jan@epamail.epa.gov
Carla Oldham
Phone: 919—541—3347
Fax: 919 541—0824
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AJ20
3363. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.160 to 51.166;
40 CFR 52.21
Legal Deadline: None
Abstract: The EPA revised regulations
governing the New Source Review
(NSR) programs mandated by parts C
and D of title I of the CAA. These
revisions include changes in NSR
applicability requirements for
modifications to allow sources more
flexibility to respond to rapidly
changing markets and to plan for future
investments in pollution control and
prevention technologies. The changes
reflect EPA's consideration of
discussions and recommendations of
the CAA Advisory Committee (CAAAC)
Subcommittee on NSR, Permits, and
Toxics, comments filed by the public,
and meetings and discussions with
interested stakeholders. The changes
are intended to provide greater
regulatory certainty, administrative
flexibility, and permit streamlining,
while ensuring the current level of
environmental protection and benefit
derived from the program and, in
certain respects, resulting in greater
environmental protection.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/23/96 61 FR 38249
12/31/02 67 FR 80186
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
3259.1.
Split from RIN 2060—AEll. See also
SAN No. 4390.
Agency Contact: Lynn Hutchinson,
Environmental Protection Agency, Air
and Radiation, C339—03, Research
Triangle Park, NC 27711
Phone: 919—541—5795
Fax: 919 541—5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AL74
3364. NESHAP: HYDROCHLORIC ACID
PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 04/17/03 68 FR 19076
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Bill Maxwell
Phone: 919—541—5430
Fax: 919 541—5450
Email: maxwell.bill@epamail.epa.gov
Bob Wayland
Phone: 919 541—1045
Fax: 919 541—5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH75
3365. REVISION TO THE GUIDELINE
ON AIR QUALITY MODELS (APPENDIX
W TO 40 CFR PART 51): ADOPTION
OF A PREFERRED LONG RANGE
TRANSPORT MODEL AND OTHER
REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Completed:
Reason
Date
FR Cite
Final Action 04/15/03 68 FR 18439
Regulatory Flexibility Analysis
Required: No
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73628
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: None
Agency Contact: Tom Coulter
Phone: 919—541—0832
Fax: 919 541—0044
Email: coulter.tom@epamail.epa.gov
Joseph Tikvart
Phone: 919—541—5562
Fax: 919 541—0044
Email: tikvart.joe@epamail.epa.gov
RIN: 2060-AF01
3366. NESHAP: INTEGRATED IRON
AND STEEL
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
05/20/03 68 FR 27645
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Phil Mulrine
Phone: 919—541—5289
Fax: 919 541—5450
Email: mulrine.phil@epamail.epa.gov
Steve Fruh
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AE48
3367. NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
04/21/03 68 FR 19375
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: None
Agency Contact: Keith Barnett
Phone: 919—541—5605
Fax: 919 541—5600
Email: barnett.keith@epamail.epa.gov
Penny Lassiter
Phone: 919—541—5396
Fax: 919 541—3470
Email: lassiter.penny@epamail.epa.gov
RIN: 2060-AE79
3368. NESHAP: PAINT STRIPPING
OPERATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 10/02/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jaime Pagan
Phone: 919—541—5340
Fax: 919 541—5450
Email: pagan.jaime@epamail.epa.gov
Robert Wayland
Phone: 919 541—1045
Fax: 919 541—5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG26
3369. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/22/03 68 FR 27913
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: John Schaefer
Phone: 919—541—0296
Fax: 919 541—5600
Email: schaefer.john@epamail.epa.gov
Penny Lassiter
Phone: 919—541—5396
Fax: 919 541—3470
Email: lassiter.penny@epamail.epa.gov
RIN: 2060-AG93
3370. AMENDMENTS TO PARTS 51,
52, 63, 70, AND 71 REGARDING THE
PROVISIONS FOR DETERMINING
POTENTIAL TO EMIT
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
The Agency plans no 11/01/03
further action.
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Agency Contact: Loan Nguyen
Phone: 202 564—4041
Lynn Hutchinson
Phone: 919—541—5795
Fax: 919 541—5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AI01
3371. NESHAP: METAL FURNITURE
(SURFACE COATING)
Priority. Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/23/03 68 FR 28605
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Mohamed Serageldin
Phone: 919—541—2379
Fax: 919 541—5689
Email:
serageldin.mohamed@epamail.epa.gov
Dianne Byrne
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AG55
3372. NESHAP: ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
04/29/03 68 FR 22976
05/07/03 68 FR 24562
Final Action
Correction Notice
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Rick Colyer
Phone: 919—541—5262
Fax: 919 541—5600
Email: colyer.rick@epamail.epa.gov
Jim Crowder
Phone: 919—541—5596
Fax: 919 541—5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AG66
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73629
EPA—Clean Air Act (CAA)
Completed Actions
3373. NESHAP: REFRACTORY
PRODUCTS MANUFACTURING
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 04/16/03 68 FR 18729
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Susan Fairchild
Phone: 919—541—5167
Fax: 919 541—5600
Email: fairchild.susan@epamail.epa.gov
Jim Crowder
Phone: 919—541—5596
Fax: 919 541—5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AG68
3374. NESHAP: PRINTING, COATING
AND DYEING OF FABRICS AND
OTHER TEXTILES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/29/03 68 FR 32172
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Paul Almodovar
Phone: 919 541—0283
Fax: 919 541—5689
Email: almodovar.paul@epa.gov
Dianne Byrne
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AG98
3375. NESHAP: WOOD BUILDING
PRODUCTS (SURFACE COATING)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/28/03 68 FR 31746
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Lynn Bail
Phone: 919—541—2363
Fax: 919 541—5689
Email: dail.lynn@epamail.epa.gov
Dianne Byrne
Phone: 919—541—5342
Fax: 919 541—5689
Email: byrne.dianne@epamail.epa.gov
RIN: 2060-AH02
3376. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
04/14/03 68 FR 18007
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Lula Melton
Phone: 919—541—2910
Fax: 919 541—5450
Email: melton.lula@epamail.epa.gov
Steve Fruh
Phone: 919—541—2837
Fax: 919 541—5450
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AH55
3377. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
04/17/03 68 FR 19076
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Bill Maxwell
Phone: 919—541—5430
Fax: 919 541—5450
Email: maxwell.bill@epamail.epa.gov
Bob Wayland
Phone: 919 541—1045
Fax: 919 541—5450
Email: wayland.robertj@epa.gov
RIN: 2060-AH72
3378. NESHAP: OIL AND NATURAL
GAS PRODUCTION
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 06/17/99 64 FR 32609
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919—541—3078
Fax: 919 541—0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt
Phone: 919 541—5395
Fax: 919 541—0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AI13
3379. NESHAP: CLAY CERAMICS
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/16/03 68 FR 26690
Final Action Correction 05/28/03 68 FR 31744
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mary Johnson
Phone: 919—541—5025
Fax: 919 541—5450
Email: johnson.mary@epamail.epa.gov
Robert J. Wayland
Phone: 919 541—1045
Fax: 919 541—5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AI68
3380. NESHAP: ENGINE TEST
CELLS/STANDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/27/03 68 FR 28774
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
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73630
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Agency Contact: Jaime Pagan
Phone: 919—541—5340
Fax: 919 541—5450
Email: pagan.jaime@epamail.epa.gov
Robert J. Wayland
Phone: 919 541—1045
Fax: 919 541—5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AI74
3381. NESHAP: FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 04/14/03 68 FR 18062
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Maria Noell
Phone: 919 541—5607
Fax: 919 541—3470
Email: noell.maria@epa.gov
Randy Waite
Phone: 919—541—5447
Fax: 919 541—3470
Email: waite.randy@epamail.epa.gov
RIN: 2060-AJ19
3382. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 05/16/03 68 FR 26690
Final Action Correction 05/28/03 68 FR 31744
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mary Johnson
Phone: 919—541—5025
Fax: 919 541—5450
Email: johnson.mary@epamail.epa.gov
Robert J. Wayland
Phone: 919 541—1045
Fax: 919 541—5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AJ91
3383. NESHAP: SOURCES
CATEGORIES: GENERAL
PROVISIONS; AND REQUIREMENTS
FOR CONTROL TECHNOLOGY
DETERMINATIONS FOR MAJOR
SOURCES IN ACCORDANCE WITH
CLEAN AIR ACT SECTIONS 112(G)
AND 112(J); AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Final Rule— 05/30/03 68 FR 32586
Amendments
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Rick Colyer
Phone: 919—541—5262
Fax: 919 541—5600
Email: colyer.rick@epamail.epa.gov
Tim Backstrom
Phone: 202 564—5572
Email: backstrom.timothy@epa.gov
RIN: 2060-AK52
3384. NESHAP: SECONDARY
ALUMINUM INDUSTRY AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
Final Amendment
09/24/02 67 FR 59787
12/30/02 67 FR 79808
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: John Schaefer
Phone: 919—541—0296
Fax: 919 541—5600
Email: schaefer.john@epamail.epa.gov
Jim Crowder
Phone: 919—541—5596
Fax: 919 541—5600
Email: crowder.jim@epamail.epa.gov
RIN: 2060-AK57
3385. NESHAP: RUBBER TIRE
MANUFACTURING: TECHNICAL
CORRECTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn 09/04/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tony Wayne
Phone: 919—541—5439
Fax: 919 541—0942
Email: wayne.tony@epamail.epa.gov
Susan Wyatt
Phone: 919—541—5674
Fax: 919 541—0942
Email: wyatt.susan@epamail.epa.gov
RIN: 2060-AK82
3386. AMENDMENT TO PROJECT XL
SITE—SPECIFIC RULEMAKING FOR
GEORGIA—PACIFIC CORPORATION/S
FACILITY IN BIG ISLAND, VIRGINIA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.863(c)(l)
revision; 40 CFR 63.867(a)(2) revision
Completed:
Reason
Date
FR Cite
Direct Final Rule 08/05/03 68 FR 46102
Amendment
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: David Beck
Phone: 919—541—5421
Fax: 919 541—2664
Email: beck.david@epamail.epa.gov
Steven Donohue
Phone: 215—814—3215
Fax: 215 814—2782
Email:
donohue.steven@epamail.epa.gov
RIN: 2060-AK71
3387. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR, AND
REPLACEMENT
Priority: Economically Significant
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Completed:
Reason
Date
FR Cite
Final Action
10/27/03 68 FR 61247
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73631
EPA—Clean Air Act (CAA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Dave Svendsgaard
Phone: 919—541—2380
Fax: 919 541—5509
Email:
svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson
Phone: 919—541—5795
Fax: 919 541—5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AK28
3388. REVISIONS TO REGIONAL HAZE
RULE TO INCORPORATE SULFUR
DIOXIDE MILESTONES AND
BACKSTOP EMISSIONS TRADING
PROGRAM FOR NINE WESTERN
STATES
Priority: Other Significant
CFR Citation: 40 CFR 51.309
Completed:
Reason
Date
FR Cite
Final Action 06/05/03 68 FR 33764
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tim Smith
Phone: 919—541—4718
Fax: 919 541—5489
Email: smith.tim@epamail.epa.gov
Kathy Kaufman
Phone: 919—541—0102
Fax: 919 541—5489
Email: kaufman.kathy@epamail.epa.gov
RIN: 2060-AJ50
3389. AMENDMENTS TO
COMPLIANCE CERTIFICATION
REQUIREMENTS FOR STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Completed:
Reason
Date
FR Cite
Final Action 06/27/03 68 FR 38518
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Grecia Castro
Phone: 919—541—1351
Fax: 919 541—5509
Email: castro.grecia@epamail.epa.gov
Steve Hitte
Phone: 919—541—0886
Fax: 919 541—5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AKll
3390. PROTECTION OF
STRATOSPHERIC OZONE: PHASEOUT
OF CHLOROBROMOMETHANE
(HALON 1011) PRODUCTION AND
CONSUMPTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Final Action
07/18/03 68 FR 42883
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jabeen Akhtar
Phone: 202—564—3514
Fax: 202—564—2155
Email: akhtar.jabeen@epamail.epa.gov
Tom Land
Phone: 202—564—9185
Fax: 202—565—2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AJ27
3391. SERVICE INFORMATION
REGULATION FOR LIGHT—DUTY
VEHICLES AND TRUCKS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86
Completed:
Reason
Date FR Cite
Final Action
06/27/03 68 FR 38428
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Holly Pugliese
Phone: 734—214—4288
Fax: 734 214—4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AG13
3392. REVISIONS TO AIR POLLUTION
EMERGENCY EPISODE
REQUIREMENTS (SUBPART H, 40
CFR PART 51)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51 Appendix L;
40 CFR 51.150 to 51.153
Completed:
Reason
Date
FR Cite
Withdrawn
09/12/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Tom Helms
Phone: 919—541—5527
Fax: 919 541—0824
Email: helms.tom@epamail.epa.gov
John Silvasi
Phone: 919—541—5666
Fax: 919 541—0824
Email: silvasi.john@epamail.epa.gov
RIN: 2060-AI47
3393. MODIFICATION OF FEDERAL
ON—BOARD DIAGNOSTIC
REGULATIONS FOR 2004 MODEL
YEAR VEHICLES BELOW 14,000
POUNDS
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Rule
06/17/03 68 FR 35830
06/17/03 68 FR 35792
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Arvon Mitcham
Phone: 734—214—4522
Fax: 734 214—4053
Email: mitcham.arvon@epamail.epa.gov
Holly Pugliese
Phone: 734—214—4288
Fax: 734 214—4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AJ77
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73632
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3394. STATE AND FEDERAL
OPERATING PERMITS PROGRAM:
REMOVAL OF AMENDMENTS TO
PART 70 AND PART 71 COMPLIANCE
CERTIFICATION REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70 (Revision); 40
CFR 71 (Revision)
Completed:
Completed:
Reason
Date
FR Cite
Reason
Date
FR Cite
Withdrawn 09/16/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Grecia Castro
Phone: 919—541—1351
Fax: 919 541—5509
Email: castro.grecia@epamail.epa.gov
Barrett Parker
Phone: 919—541—5635
Fax: 919 541—0516
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AJ89
3395. EXTENSION OF ALTERNATIVE
COMPLIANCE PERIODS UNDER THE
ANTI—DUMPING PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 00 CFR None
Completed:
Reason
Date
FR Cite
Direct Final Rule 05/06/03 68 FR 24299
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Anne—Marie
Pastorkovich
Phone: 202 564—8987
TDD Phone: 202 564—2085
Fax: 202 565—2085
Email: pastorkovich.anne—
marie@epa.gov
Deborah Wood
Phone: 202—564—9249
TDD Phone: 202 564—2085
Fax: 202 565—2085
Email: wood.deborah@epamail.epa.gov
RIN: 2060-AK43
3396. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES:
AMENDMENT TO THE TIER 2 MOTOR
VEHICLE EMISSION STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86 (Revision)
Direct Final Rule 12/06/02 67 FR 72820
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Roberts French
Phone: 734—214—i380
Fax: 734 214—4050
Email: french.roberts@epamail.epa.gov
Robin Moran
Phone: 734—214—4781
Fax: 734 214—4816
Email: moran.robin@epamail.epa.gov
RIN: 2060-AK55
3397. STANDARDS FOR
REFORMULATED AND
CONVENTIONAL GASOLINE (SECTION
610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 42 USC 7545; 5 USC
610
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: On February 16,1994, (59 FR
7716), EPA promulgated a rule setting
standards for reformulated and
conventional gasoline (RFC) under
authority of section 211 of the Clean
Air Act. These standards are codifed
in the Code of Federal Regulations at
40 CFR part 80. Pursuant to section 610
of the Regulatory Flexibility Act, EPA
has reviewed this rule to determine if
it should be continued without change,
or should be amended or rescinded, to
minimize adverse economic impacts on
small entities. EPA considered, and
solicited comments on, the following
factors: (1) The continued need for the
rule; (2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4) the
extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and (5) the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. The full results
of EPA's review have been summarized
in a report and placed in the
rulemaking docket number OAR—
2003—0030. (This electronic docket can
be found at www.epa.gov/edocket.)
These results are briefly summarized
here.
As a result of the review, EPA has
concluded that there is continued need
for this rule because the rule
contributes significantly to reducing
harmful smog—causing emissions.
Unhealthy smog levels are a significant
concern in this country, with over 53
million people living in counties with
air quality that does not meet the 1—
hour ozone standard. Since it began
eight years ago, the RFC program has
provided annual emission reductions in
VOC and NOx of 105,000 tons during
the ozone season, and at least 24,000
tons of toxic air pollutants, such as
benzene, year—round. The benzene
level at air monitors in 1995, in RFC
areas, showed dramatic declines, with
a median reduction of 38 percent from
the previous year. The emission
reductions that can be attributed to the
RFG program are equivalent to taking
16 million cars off the road.
EPA's review also addressed the other
aforementioned issues cited above:
complaints received, complexity,
duplication and overlap, and other
factors. After considering these factors,
EPA's view is that the rule as currently
configured minimizes complexity,
duplication and overlap to the extent
possible given the parameters of the
Clean Air Act mandate for the rule.
Two public comments were received,
one supportive of the rule and one
advocating that EPA limit the variety
of state fuel programs in order to
reduce the distribution problems
associated with a variety of different
state fuel requirements. The commenter
also suggested that EPA address the
sources of emissions transport so that
areas are not forced into the federal
RFG program because of transport of
emissions.
Under the preemption provisions of the
CAA, EPA does not have authority to
go beyond the preemption provisions
and control what fuel programs states
adopt. EPA's role under the preemption
provisions is limited to determining
whether the state fuel program is
otherwise preempted, and if so whether
the reductions it would achieve are
necessary to achieve a NAAQS.
Amendments or rescision of the RFG
or CG rules would not change this or
reduce the number of potential state
fuel programs. Therefore the comment
does not present a basis for EPA to
consider amending or rescinding the
RFG or CG rules. In addition, EPA
recognizes that the control of emissions
transport is important; however, this is
-------
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73633
EPA—Clean Air Act (CAA)
Completed Actions
addressed through controls adopted by
EPA or the States under other
provisions of title I and II of the Act,
and changes to the RFC or CG rules
are not an appropriate mechanism to
address emissions transport.
In light of the considerations outlined
above, EPA has decided to continue
this rule in effect without change. A
fuller explanation of the results of this
review is given in the aforementioned
report which has been placed in the
docket established for this review.
Timetable:
Action
Date
FR Cite
End Review 10/08/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4786.
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202—564—1952
Email: eagles.tom@epamail.epa.gov
RIN: 2060-AK65
3398. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS
Priority: Info./Admin./Other
Legal Authority: 42 USC 7511; 5 USC
610
CFR Citation: 40 CFR 51 subpart S
Legal Deadline: None
Abstract: On November 5, 1992 (57 FR
52950), EPA promulgated a rulemaking
laying out the requirements for the
automobile inspection and maintenance
(I/M) program under Section
182(a)(2)(B)(ii) of the Clean Air Act.
These requirements are codifed at 40
CFR part 51, subpart S. Pursuant to
section 610 of the Regulatory Flexibility
Act, EPA has reviewed this rule to
determine if it should be continued
without change, or should be amended
or rescinded, to minimize adverse
economic impacts on small entities.
EPA considered, and solicited
comments on, the following factors: (l)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. The results of EPA's review have
been summarized in a report and
placed in the rulemaking docket
(docket number OAR—2003—0031 at
www.epa.gov/edocket). These results
are briefly summarized here.
As a result of the review, EPA has
concluded that there is continued need
for this rule to assure that the
pollution—control features of cars and
trucks continue to function properly
while in use. This need was the basis
for the I/M provisions in the Clean Air
Act that require EPA to maintain the
program. EPA's review also addressed
the other issues cited above: complaints
received, complexity, duplication, and
overlap. Regarding complaints, no
comments were received during the
course of this review. Regarding
complexity, the Agency has revised and
streamlined I/M requirements several
times since 1992, most recently in
2001, and continues to look for ways
to provide states and other stakeholders
greater flexibility with regard to how
the I/M program is implemented. The
present RFA section 610 review did not
identify any further actions appropriate
at this time aimed at further reducing
complexity beyond the many measures
already taken as recently as 2001. The
review did not identify any duplication
or overlap with other rules or programs.
After considering these factors, EPA's
view is that the rule as currently
configured minimizes complexity,
duplication and overlap to the extent
possible given the parameters of the
Clean Air Act mandate for the rule. In
light of these considerations, EPA has
decided not to revise the rule in
response to the current section 610
review. As a separate matter, however,
EPA does plan to propose adjustments
to some of the I/M rule's requirements
early next year to meet the needs of
states with areas newly designated
nonattainment under EPA's 8—hour
ozone standard. A fuller explanation of
the results of this review is given in
the aforementioned report which has
been placed in the docket established
for this review.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4787.
Agency Contact: Tom Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202—564—1952
Email: eagles.tom@epamail.epa.gov
RIN: 2060-AK66
3399. STAY OF AUTHORITY UNDER
40 CFR 50.9(B) RELATED TO
APPLICABILITY OF 1—HOUR OZONE
STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50.9(b)
Completed:
Reason
Date
FR Cite
Final Action 06/26/03 68 FR 38160
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Annie Nikbakht
Phone: 919 541—5246
Fax: 919 541—0824
Email: nikbakht.annie@epa.gov
Jan Tierney
Phone: 202—564—5598
Fax: 202 564—5541
Email: tierney.jan@epamail.epa.gov
RIN: 2060-AK78
3400. RECLASSIFICATION AS
NONROAD ENGINES FOR DIESEL
ENGINES USED IN THE STATE OF
CALIFORNIA AGRICULTURAL PUMP
APPLICATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 89
Completed:
Reason
Date
FR Cite
Action
Date
FR Cite
End Review
10/08/03
Direct Final Rule 04/11/03 68 FR 17741
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Robert Larson
Phone: 734 214—4277
Fax: 734 214—4052
Email: larson.robert@epa.gov
RIN: 2060-AK83
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73634 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3401. • REVISIONS TO THE
REGIONAL HAZE RULE TO CORRECT
MOBILE SOURCE PROVISIONS IN
THE OPTIONAL PROGRAM FOR NINE
WESTERN STATES AND ELIGIBLE
INDIAN TRIBES WITHIN THAT
GEOGRAPHIC AREA.
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470 to
7479; 42 USC 7491; 42 USC 7492; 42
USC 7601; 42 USC 7602
CFR Citation: 40 CFR 51.309
Legal Deadline: None
Abstract: This is a noncontroversial
correction to section 309 of the
Regional Haze Regulations to reflect the
current situation relative to mobile
source emissions in the West. It will
result in a reduction in regulatory
burden. The correction has been
requested by the Western Regional Air
Partnership (WRAP), which is a
comprised of particular western
governors making up the Grand Canyon
Visibility Transport Commission
(GCVTC). The approach to mobile
sources currently included in section
309 is based on certain
recommendations of the GCVTC that
are now outdated because of federal
standards adopted since the
Commission made its
recommendations. The WRAP'S
suggested correction updates section
309 requirements to conform with
current expected inventory trends. It
also eliminates certain comprehensive
mobile source requirements which are
now unnecessary, retaining only a
requirement only to consider
reductions for SO2 from nonroad
mobile sources in the absence of federal
regulation.
Timetable:
Action
Date FR Cite
07/03/03 68 FR 39888
07/03/03 68 FR 39842
NPRM
Direct Final
Amendment
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4495.1.
Split from RIN 2060—AJ50
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C504—02, Research
Triangle Park, NC 27711
Phone: 919—541—0102
Fax: 919 541—5489
Email: kaufman.kathy@epamail.epa.gov
Tim Smith, Environmental Protection
Agency, Air and Radiation, C504—02,
Research Triangle Park, NC 27711
Phone: 919—541—4718
Fax: 919 541—5489
Email: smith.tim@epamail.epa.gov
RIN: 2060-AL80
3402. PROJECT XL SITE—SPECIFIC
RULEMAKING FOR GEORGIA-
PACIFIC CORPORATION FACILITY IN
BIG ISLAND, VIRGINIA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Final Action
03/26/01 66 FR 16400
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: David Beck
Phone: 919—541—5421
Email: beck.david@epamail.epa.gov
RIN: 2090-AA26
3403. NEW JERSEY GOLD TRACK
PROJECT XL RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50; 40 CFR 51;
40 CFR 261; 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 270
Completed:
Reason
Date
FR Cite
Withdrawn
10/16/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Chad Carbone
Phone: 202—566—2178
Fax: 202 566—2200
Email: carbone.chad@epamail.epa.gov
Stan Siegel
Phone: 212—637—3701
Email: siegel.stan@epamail.epa.gov
RIN: 2090-AA28
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Prerule Stage
3404. 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 rulemaking would
address the problem of disposal of
low—activity mixed radioactive 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
rulemaking 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 would not
mandate a disposal method, but rather
would permit 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. An Advanced
Notice of Proposed Rulemaking is being
issued to solicit early public input on
this issue — see SAN 4054.1 elsewhere
in this issue of the Regulatory Agenda.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
11/00/03
05/00/04
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4054.
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73635
EPA—Atomic Energy Act (AEA)
Prerule Stage
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—9349
Fax: 202 565—2062
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
3405. • APPROACHES TO AN
INTEGRATED FRAMEWORK FOR
MANAGEMENT AND DISPOSAL OF
LOW—ACTIVITY RADIOACTIVE
WASTE: REQUEST FOR COMMENT
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
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 advance notice of
proposed rulemaking (ANPRM) will
solicit public comment on voluntary
approaches that would allow additional
options for the disposal of low—
activity mixed wastes. The wastes
intended to be disposed of in these
cells are federally regulated 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, but may
also be generated by Federal
Government activities. The intention of
this effort is 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. It is envisioned that
any rule that would be promulgated in
this area would not mandate a disposal
method, but rather permit an
alternative to existing disposal
methods. (See SAN 4054 elsewhere in
today's Regulatory Agenda.) In this
ANPRM, public comment will be
solicited on application of such a rule
to other low—activity radioactive
wastes not currently regulated at the
Federal level, and on possible non—
regulatory approaches to improved
management. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of any rule that would
follow this ANPRM.
Timetable:
Action
Date
FR Cite
11/18/03 68 FR 65119
03/27/04
ANPRM
ANPRM Comment
Period End
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4054.1.
Split from RIN 2060—AH63.
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—9349
Fax: 202 565—2062
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AL78
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3406. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR PART
190, SUBPART B AND 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: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High—Level Waste and
Transuranic Waste The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in report no. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in report
no.26. This action would update the 40
CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state—of—the—art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
NPRM
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4003.
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—9198
Fax: 202 565—2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
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73636
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Final Rule Stage
3407. REVISION OF THE 40 CFR PART
194 WASTE ISOLATION PILOT PLANT
COMPLIANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: "106 Stat. 4777 as
amended by the 1996 LWA
Amendments"; PL 102—579; PL 104—
201; "Waste Isolation Pilot Plant Land
Withdrawal Act of 1992"
CFR Citation: 40 CFR 194.8(b)
Legal Deadline: None
Abstract: EPA is proposing several
revisions to the compliance criteria in
40 CFR Part 194: (l) addition of a
process for making minor changes to
the provisions of the Compliance
Criteria (194.6); (2) changes to the
approval process for waste
characterization programs at the
Department of Energy transuranic
(TRU) waste sites (194.8(b)); (3) changes
to allow for submission of compliance
applications and reference materials in
alternative format (e.g., compact disk)
(194.12 & 194.13); and replacement of
the term "process knowledge" with
"acceptable knowledge". The second
item is the most significant change.
Section 194.8{b) requires EPA to
inspect TRU waste sites on a waste
stream basis, and to initiate a notice—
and—comment process for each
inspection. If a site receives our
approval to ship a single waste stream
or group of waste streams, that site
cannot ship a different waste stream
until we perform an additional 194.8(b)
inspection. Based on actual site
inspection experience, we have learned
that for regulatory purposes emphasis
is better placed on the processes used
to characterize the wastes streams
rather than on the particular waste
streams themselves. Also, we had
witnessed DOE's capacity to properly
characterize numerous waste streams at
different waste generator sites. On this
basis, we are proposing to alter the
waste characterization approval process
so that only one approval would be
issued per site. EPA will assign
reporting requirements for waste
characterization activities and specify
any limitations that would necessitate
additional inspections. The purpose of
the proposed revisions to 194.8(b) is to
achieve process and resources
efficiencies while maintaining our
confidence in DOE's technical
capability to characterize wastes
destined for the Waste Isolation Pilot
Plant.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/09/02 67 FR 51930
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4403.
Agency Contact: Raymond Lee,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202—564—7738
Fax: 202 565—2062
Email: lee.raymond@epamail.epa.gov
Agnes Ortiz, Environmental Protection
Agency, Air and Radiation, 6608J,
Washington, DC 20460
Phone: 202—566—1303
Email: ortiz.agnes@epamail.epa.gov
RIN: 2060-AJ07
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3408. ENDOCRINE DISRUPTOR
SCREENING PROGRAM; PRIORITY
SETTING CRITERIA
Regulatory Plan: This entry is Seq. No.
101 in part II of this issue of the
Federal Register.
RIN: 2070-AD59
3409. PESTICIDE WORKER
PROTECTION RULE (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 7 USC 135
CFR Citation: 40 CFR Part 156; 40 CFR
Part 170
Legal Deadline: None
Abstract: On August 21, 1992, the
Environmental Protection Agency (EPA)
issued final revisions to the Worker
Protection Standards governing the
protection of workers from agricultural
pesticides. These revised regulations
expand the scope of the standards to
include not only workers performing
hand labor operations in fields treated
with pesticides, but employees in
forests, nurseries, and greenhouses and
employees who handle (mix, load,
apply, etc.) pesticides for use in these
locations. The revised regulations
became effective January 1, 1995, and
are applicable to agricultural farm
workers and pesticide handlers working
on farms, forests, nurseries, and
greenhouses. In 1995 and 1996, the
standard was amended to address
specific concerns of the regulation
community. EPA is reviewing this
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the rule 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 Federal Insecticide,
Fungicide and Rodenticide Act
(FIFRA). 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. We expect to announce
the completion of this review and
report its outcome in 2004. See EPA
Docket ID number OPPT—2003—0115
at www.epa.gov/edocket.
Timetable:
Action Date FR Cite
Final Action 1 08/21/92 57 FR 38102
Begin Review 05/01/03
Comment Period End 07/31/03
End Review 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4789.
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry
-------
Federal Register/ Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73637
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
Agency Contact: Donald Eckerman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703—305—5062
Email:
eckerman.donald@epamail.epa.gov
Kathy Davis, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703—308—7002
Email: davis.kathy@epamail.epa.gov
RIN: 2070-AD66
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3410. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y]
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will propose revisions
to its data requirements for the
registration of conventional pesticide
products. In this action, the Agency is
proposing revisions to the data
requirements that pertain to product
chemistry, toxicology, residue
chemistry, applicator exposure, post—
application exposure, nontarget
terrestrial and aquatic organisms,
nontarget plant protection, and
environmental fate. The proposed data
requirements reflect current scientific
knowledge and understanding. These
revisions will improve the Agency's
ability to make regulatory decisions
about the human health and
environmental effects of pesticide
products to better protect wildlife, the
environment, and people, including
sensitive subpopulations. Couple with
revision data requirements, EPA
proposes to reformat the requirements
and revise its general procedures and
policies associated with data
submission. By codifying existing data
requirements which are currently
applied on a case—by—case basis, the
pesticide industry, along with other
partners in the regulated community,
would attain a better understanding
and could better prepare for the
pesticide registration process. EPA
intends to propose a series of revisions
t o the data requirements, covering
different data disciplines and product
types.
Timetable:
Action
Date FR Cite
NPRM 03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 2687.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: 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@epamail.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-AC12
3411. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to I36(y)
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 also clarify the data
requirements for all antimicrobials to
reflect current practice.
Timetable:
Action
Date
FR Cite
NPRM 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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@epamail.epa.gov
RIN: 2070-AD30
3412. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements necessary to register a
biochemical or microbial pesticide
product. The revisions will codify data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
product chemistry and residue
chemistry, toxicology and
environmental fate and effects. The
revision will not include plant
incorporated protectants.
Timetable:
Action
Date
FR Cite
NPRM
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN 4596.
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73638
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 202—566—0641
Fax: 703 305—5884
Email:
brassard.candace@epamail.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-AD51
3413. ENDOCRINE DISRUPTER
SCREENING PROGRAM;
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Regulatory Plan: This entry is Seq. No.
108 in part II of this issue of the
Federal Register.
RIN: 2070-AD61
3414. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Regulatory Plan: This entry is Seq. No.
107 in part II of this issue of the
Federal Register.
RIN: 2070-AD57
3415. PESTICIDES; PROCEDURES
FOR THE REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a (g); 7 USC
136w
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: The Agency will establish
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
04/26/00 65 FR 24586
09/00/04
ANPRM
NPRM
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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@epamail.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
3416. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Regulatory Plan: This entry is Seq. No.
106 in part II of this issue of the
Federal Register.
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3417. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180
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 Pesticides— 06/09/99 64 FR 31039
Tolerance
Processing Fees
Supplemental NPRM 07/24/00 65 FR 45569
Processing Fees for
Inert Ingredients
Supplemental NPRM 08/31/00 65 FR 52979
Reopening of
Comment Period
Final Action 02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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
Bruce Sidwell, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703—305—7761
Fax: 703 305—5884
Email: sidwell.bruce@epamail.epa.gov
RIN: 2070-AD23
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73639
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3418. 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, Final.
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, refill, 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
NPRM
Supp NPRM 1
Final Action
Date FR Cite
02/11/94 59 FR 6712
10/21/99 64 FR 5691 8
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 2659.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 11511 Support
Activities for Crop Production; 42291
Farm Supplies Wholesalers
Agency Contact: 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@epamail.epa.gov
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@epamail.epa.gov
RIN: 2070-AB95
3419. WPS; PESTICIDE WORKER
PROTECTION STANDARD (WPS);
GLOVE AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(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
03/00/04
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, Final.
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. In addition,
the regulation will also include labeling
standards for public health
antimicrobial products.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 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: Nancy Vogel,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703—305—6475
Fax: 703 305—5884
Email: vogel.nancy@epamail.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-AC93
3420. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
Action
NPRM
Notice
Final 1
Final 2
Date FR Cite
09/17/99 64 FR 50671
11/16/99 64 FR 62 145
12/14/01 66 FR 64759
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3892.
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: 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
Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510C,
Washington, DC 20460
Phone: 703—308—6431
Email: pizana.cleo@epamail.epa.gov
RIN: 2070-AD14
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73640
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3421. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Routine and Frequent
Legal Authority: 21 USC 346(a)to(q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2006, Other.
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.
Since such actions are issued on a
chemical—by—chemical basis, this
regulatory plan entry does not list the
individual actions that are likely to
occur under this program. For status
information about the individual
chemicals, go to
http://www.epa.gov/pesticides.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4175.
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33 percent by
August 3; 1999; 66 percent by August
3; 2002; and 100 percent by August 3;
2006. The Agency will continue to
assess pesticide tolerances throughout
each year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: 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@epamail.epa.gov
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703—308—8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
3422. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEINS
Priority. Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant—incorporated
protectants based on viral coat proteins
to its plant—incorporated protectants
exemptions at 40 CFR 174. Substances
which plants produce for protection
against pests, and the genetic material
necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest". These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant—incorporated
protectants based on viral coat proteins
from the requirement of a tolerance
under section 408 of the FFDCA. Due
to public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a 2001
Supplemental Proposal (66 FR 37855).
Timetable:
Action Date FR Cite
NPRM 11/23/94 59 FR 60496
Supp NPRM 1 07/22/96 61 FR 37891
SuppNPRM2 05/16/97 62 FR 27132
Supp NPRM—RCAN 04/23/99 64 FR 19958
Final Resubmittal 07/19/01 66 FR 37855
Final Action 11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4602.
This action is a continuation of the
action described in RIN 2070—AC02.
Since several pieces of that action are
now finalized, the Agency is spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
Agency Contact: Lisa D Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7505C, Washington,
DC 20460
Phone: 703 308—9424
Fax: 202 564—8501
Email: jones.lisa@epamail.epa.gov
Phil Hutton, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7511C,
Washington, DC 20460
Phone: 703—308—8260
Fax: 703 308—7026
Email: hutton.phil@epamail.epa.gov
RIN: 2070-AD49
3423. PLANT—INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant—incorporated
protectants derived through genetic
engineering from sexually compatible
plants to its plant—incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest". These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant—incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
-------
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003 / Unified Agenda
73641
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
recent Supplemental Proposal (66 FR
37855).
Timetable:
Action
Date FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 08/20/01 66 FR 43552
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4611.
This action is a continuation of the
action described in RIN 2070—AC02.
Since several pieces of that action are
now finalized, the Agency is spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 111 Crop Production;
54171 Research and Development in
the Physical Sciences and Engineering
Sciences
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202—564—8492
Fax: 202 564—8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703—308—8712
Fax: 703 308—7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3424. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant—incorporated
protectants that act by primarily
affecting the plant to its plant—
incorporated protectants exemptions at
40 CFR 174. Substances which plants
produce for protection against pests,
and the genetic material necessary to
produce them, are pesticides under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), if humans
intend these substances to "prevent,
repel or mitigate any pest." Due to
public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a recent
supplemental proposal (66 FR 37855).
Timetable:
Action
NPRM Original
Supplemental NPRM
SuppNPRMI
SuppNPRM2
Supp NPRM 3
NPRM
Date
1 1/23/94
07/22/96
05/16/97
04/23/99
07/19/01
To Be
FR Cite
59 FR 60496
61 FR 37891
62 FR 27 132
64 FR 19958
66 FR 37855
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4612.
This action is a continuation of the
action described in RIN 2070—AC02.
Since several pieces of that action are
now finalized, the Agency is spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202—564—8492
Fax: 202 564—8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703—308—8712
Fax: 703 308—7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
3425. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 7 USC I36(a) "FIFRA
sec 3"; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: This regulation as proposed
would establish Pesticide Management
Plans (PMPs) as a new regulatory
requirement for certain pesticides.
Unless a State or tribal authority had
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. Several parameters of
the program described in the proposed
rule are being reconsidered to
determine whether the program can
address water quality issues rather than
ground—water only, and to determine
the best partnership approach to
implementation.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33259
Notice 02/23/00 65 FR 8925
Supplemental NPRM 03/24/00 65 FR 15885
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN 3222.
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Arthur—Jean
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
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-AC46
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73642
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3426. PESTICIDES; EXEMPTION OF
MEDICAL DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136; 7 USC
136a; 7 USC 136w
CFR Citation: 40 CFR 152.20
Legal Deadline: None
Abstract: This action will exempt from
the requirements of FIFRA medical
devices treated with antimicrobial
pesticides. EPA has determined that
these treated medical devices are
adequately regulated by the Food and
Drug Administration. This action
would eliminate dual regulation of
these products by EPA and FDA. EPA
would continue to regulate the
antimicrobial pesticide used to treat the
medical device.
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 4609.
Sectors Affected: 32619 Other Plastics
Product Manufacturing; 31499 All
Other Textile Product Mills
Agency Contact: Melba Morrow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703—308—2716
Fax: 703 308—8481
Email: morrow.melba@epamail.epa.gov
RIN: 2070-AD54
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3427. ENDANGERED SPECIES AND
PESTICIDE REGULATION
Priority: Substantive, Nonsignificant
CFR Citation: 50 CFR 402
Completed:
Reason
Date
FR Cite
Withdrawn
09/01/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Arty Williams
Phone: 703—305—5239
Email: williams.arty@epamail.epa.gov
Jean Frane
Phone: 703 305—5944
Email: frane.jean@epa.gov
RIN: 2070-AD62
3428. PESTICIDE MANAGEMENT AND
DISPOSAL
Priority: Other Significant
CFR Citation: 40 CFR 165
Completed:
Reason
Date
FR Cite
Withdrawn
10/20/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: David Stangel
Phone: 202—564—4162
Email: stangel.david@epamail.epa.gov
RIN: 2020-AA33
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3429. LEAD; REQUIREMENTS FOR
LEAD—BASED PAINT ACTIVITIES IN
TARGET HOUSING AND CHILD-
OCCUPIED FACILITIES (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: TSCA 402/404; 15
U.S.C. 2682; 15 U.S.C. 2684
CFR Citation: 40 CFR 745 subpart L;
40 CFR 745 subpart Q
Legal Deadline: None
Abstract: In August, 1996, the
Environmental Protection Agency (EPA)
promulgated regulations under section
402 of the Toxic Substances Control
Act (TSCA) to ensure that individuals
conducting lead—based paint activities
in target housing and child—occupied
facilities are properly trained and
certified, that training programs
providing instruction in such activities
are accredited and that these activities
are conducted according to reliable,
effective and safe work practice
standards. EPA also finalized a Federal
regulation under section 404 of TSCA
that allows States and Indian Tribes to
seek authorization to administer and
enforce the regulations developed
under section 402 for the training and
certification of individuals conducting
LBP activities and the accreditation of
training programs for LBP activities in
1996 (August 29, 1996, 61 FR 45778).
EPA performed an analysis of the
potential impacts on small entities and
determined that this action is likely to
have a modest adverse economic
impact on a substantial number of
small entities. The TSCA section 404
regulations became effective August 29,
1998. The final rule then provided for
an additional phase—in period for the
requirements for training program
accreditation, individual and firm
certification, and work practice
standards. Regulations for accreditation
of training programs became effective
on March 1, 1999. Regulations for
certification of individuals and firms
became fully effective on March 1,
2000. EPA is reviewing the 1996
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the rule 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 Toxic Substances
Control Act (TSCA). 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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73643
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
rules; and the degree to which
technology, economic conditions or
other relevant factors have changed
since the rule was promulgated. We
expect to announce the completion of
that review and report its outcome in
2004. See EPA Docket ID number
OPPT—2003—0015 at
www.epa.gov/edocket.
Timetable:
Action
Date
FR Cite
Final Action 1
Begin Review
08/29/96 61 FR 45778
05/01/03
Action
Date
FR Cite
Other/Comment
Period End
End Review
07/31/03
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4788.
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—566—0484
Fax: 202 566—0471
Email: wheeler.cindy@epamail.epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—566—0521
Fax: 202 566—0471
Email: wilson.mike@epamail.epa.gov
RIN: 2070-AD65
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3430. LEAD—BASED PAINT
ACTIVITIES; TRAINING AND
CERTIFICATION FOR RENOVATION
AND REMODELING
Regulatory Plan: This entry is Seq. No.
105 in part II of this issue of the
Federal Register.
RIN: 2070-AC83
3431. POLYCHLORINATED
BIPHENYLS (PCBS); DISPOSAL OF
PCBS; IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2607 "TSCA
6"
CFR Citation: 40 CFR 761 (Revision)
Legal Deadline: None
Abstract: This proposed regulation will
clarify and expand on implementation
issues that have arisen as a result of
the publication of the 1998 PCB
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to: Use authorizations; public
participation process; appeals process;
natural gas pipelines; testing and
analysis; manifesting of PCB waste;
publication process for validated
alternate decontamination solvents;
PCB analytical methods; and storage of
dedicated PCB equipment. The action
to authorize certain nonliquid PCB
applications is also included in this
action.
Timetable:
Action
Date
FR Cite
NPRM
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 4597.
Sectors Affected: 31-33 Manufacturing;
81 Other Services (except Public
Administration); 54 Professional,
Scientific and Technical Services; 92
Public Administration; 53 Real Estate
and Rental and Leasing; 48-49
Transportation; 22 Utilities; 562 Waste
Management and Remediation Services
Agency Contact: Laura Casey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—566—1982
Fax: 202 566—0473
Email: casey.laura@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202—566—0514
Fax: 202 566—0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AD52
3432. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS (40
CFR PART 723)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: This regulatory action will
eliminate exemptions under the
Polymer Exemption Rule for certain
polymers containing perfluoralkyl
sulfonate (PFAS), perfluoroalkyl
carboxylates (PFAC), perfluoroalky—
containing telomers, and other
polymers containing perfluoroalkkyl
groups. Based on data on perfluorooctyl
sulfonate (PFOS) and perfluorooctonic
acid (PFOA), and other chemical
substances containing perfluoroalkyl
groups, EPA believes that these
substances may persist in the
environment, bioaccumulate, and be
toxic. Certain polymers which contain
PFAS, PFAC, perfluoroalkyl—
containing telomers, or other
substances with perfluoroalkyl groups,
would no longer qualify for exemption
from TSCA section 5 reporting.
Timetable:
Action Date FR Cite
NPRM 03/00/04
Final Action 10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4635.
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
Agency Contact: Becky Cool,
Environmental Protection Agency,
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73644
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 564—9138
Fax: 202 564—9490
Email: cool.rebecca@epa.gov
RIN: 2070-AD58
3433. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
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 proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of eight 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. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs) on the list of
HAPs in the CAA under section 112(f),
42 USC 7412(0 and sections 112(d and
e). Data from this action would also be
used to support implementation of
several provisions of section 112 of the
CAA including, determining risks
remaining after the application of
technology based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPS.
Timetable:
Action
Date FR Cite
NPRM
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 2563.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8161
Fax: 202 564—4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8469
Fax: 202 564—4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AB79
3434. TEST RULE; DEVELOPMENTAL
AND REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2607(a); 15 USC 2611; 15 USC 2625
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: EPA is reproposing a test rule
under section 4 of the Toxic Substances
Control Act (TSCA) that would require
manufacturers, defined by statute to
include importers, and processors of
seven substances to conduct testing for
developmental and/or reproductive
toxicity. EPA is also proposing
reporting rules for two of the seven
substances. These rules would require
the reporting of production volumes so
it will be possible to determine when
the testing program can be triggered for
the two substances without causing a
significant impact on revenues. This is
a reproposal of a test rule announced
March 4, 1991 (56 FR 9092).
Timetable:
Action
Date
FR Cite
NPRM (Original)
NPRM
03/04/91 56 FR 9092
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4395.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8172
Fax: 202 564—4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8469
Fax: 202 564—4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD44
3435. TSCA INVENTORY UPDATE
RULE REVISIONS
Priority: Other Significant
Legal Authority: 15 USC 2607(a)
"TSCA 8(a)"
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: In this follow—on action to
the Inventory Update Rule
Amendments (IURA) (RIN 2070—AC61)
that was finalized in January 2003, EPA
is making additional changes to the IUR
to adjust the submission period, the
reporting frequency, and the
recordkeeping period, and to clarify
language associated with petitioning to
be partially exempt from reporting
requirements and with reporting
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73645
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
information on imported materials.
Additionally, certain technical
corrections, such as removing obsolete
regulatory text associated with IUR
reporting that occurred in 2002 and
correcting certain paragraph references
will be included. EPA anticipates
adverse comments on moving the
submission period and therefore is first
proposing these changes.
Timetable:
Action
Date FR Cite
NPRM
02/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN 3301.1.
Split from RIN 2070—AC61,
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406M, Washington,
DC 20460
Phone: 202—564—8789
Fax: 202 564—8893
Email: sharkey.susan@epamail.epa.gov
Robert Lee, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Washington, DC 20460
Phone: 202—564—8786
Fax: 202 564—8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AD63
3436. 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 707;
40 CFR 710; 40 CFR 721
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
NPRM—2—4 Original
NPRM—Chloranil
NPRM—Benzidine
Final—Benzidine
NPRM—Heavy
NPRM—2—4
Final—Heavy
NPRM—p—
Aminophenol
NPRM—2—Etho
NPRM—Benzidine—
amend
NPRM—Methylcyclo
NPRM—Certain
Chemical
Substances No
Longer in
Production
NPRM—o—Tolodine
Final—Benzidine—
amend
Final—Chloranil
Final—Benzidene
Final—2—4
Final—Methylcyclo
Final—Etho
Final—Certain
Substances
Final—o—Tolodine
09/27/89 54 FR 39548
05/12/93 58 FR 27980
08/30/95 60 FR 45119
10/07/96 61 FR 52287
01/15/02 67 FR 1937
12/00/04
06/00/04
06/00/04
12/00/04
12/00/04
12/00/04
03/00/05
03/00/05
12/00/05
06/00/05
12/00/05
12/00/05
12/00/05
12/00/05
12/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 1923.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8164
Fax: 202 564—4775
Email:
leczynski.barbara@epamail.epa.gov
Diane Sheridan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8176
Fax: 202 564—4775
Email: sheridan.diane@epamail.epa.gov
RIN: 2070-AA58
3437. SIGNIFICANT NEW USE RULE;
SELECTED FLAME RETARDANT
CHEMICAL SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act (TSCA) covering certain
flame retardant chemicals for use in
residential upholstered furniture. The
SNUR would require companies
wanting to import or manufacture these
chemicals for the significant new uses
described in the proposed rule to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities.
Timetable:
Action
Date
FR Cite
NPRM
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN 4512.
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: Carolyn Grandson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8109
Fax: 202 564—4775
Email:
grandson.carolyn@epamail.epa.gov
John Bowser, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202—564—8082
Fax: 202 564—4775
Email: bowser.john@epamail.epa.gov
RIN: 2070-AD48
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73646
Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3438. 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"
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 745.225)
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
01/22/01 66 FR 7207
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4172.
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Ave, Washington, DC 20460
Phone: 202—566—0521
Fax: 202 566—0471
Email: wilson.mike@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202—566—1980
Fax: 202 566—0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AD31
3439. SIGNIFICANT NEW USE RULES;
FOLLOW—UP RULES ON NON—5(E)
NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) 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 to 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
NPRM (84— 1056)
NPRM (86—566)
NPRM
Final (84— 1056)
Final (86—566)
Final Action
Date
06/11/86
12/08/87
06/11/93
01/00/04
02/00/04
02/00/04
FR Cite
51 FR21199
52 FR 46496
58 FR 32628
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 1976.
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564—8974
Fax: 202 564—9490
Email: alwood.jim@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202—564—9138
Fax: 202 564—9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AA59
3440. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL—SPECIFIC
SNURS TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73647
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
NPRM1
NPRM 2
NPRM 3
NPRM4
NPRM
Final 1
Final 2
FinalS
Final 4
Final Action
05/27/93 58 FR 30744
06/06/94 59 FR 29255
12/19/94 59 FR 65289
06/26/97 62 FR 34421
09/09/98 63 FR 481 57
05/11/02 67 FR 17643
05/00/04
05/00/04
08/00/04
12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3495.
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564—8974
Fax: 202 564—9490
Email: alwood.jim@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202—564—9138
Fax: 202 564—9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AB27
3441. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Other Significant
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 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. Section 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 07/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3487.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Richard Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564—8167
Fax: 202 564—4765
Email: leukroth.rich@epa.gov
David Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564—8179
Fax: 202 564—4765
Email: williams.daver@epa.gov
RIN: 2070-AC76
3442. TEST RULE; CERTAIN HIGH
PRODUCTION VOLUME (HPV)
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 rule will require testing
and recordkeeping requirements for
certain high production volume (HPV)
chemicals (i.e., chemicals which are
manufactured (including imported) in
the aggregate at more than 1 million
pounds on an annual basis). Although
varied based on specific data needs for
the particular chemical, the data
generally collected under this rule may
include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity; mutagenicity
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. The action is part of the
Chemical Right—to—Know Initiative,
which is described under RIN 2070—
AD25.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/26/00 65 FR 81658
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 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: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8172
Fax: 202 564—4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8469
Fax: 202 564—4765
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73648
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD16
3443. TEST RULE; IN VITRO DERMAL
ABSORPTION RATE TESTING OF
CERTAIN CHEMICALS OF INTEREST
TO THE OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
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
manufacturers (which is defined by
statute to include importers) and
processors of 38 chemical substances of
interest to the Occupational Safety and
Health Administration (OSHA) to
conduct testing for in vitro dermal
absorption rate. 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 final rule is produced in an
amount equal to or greater than one
million pounds per year. In addition,
each of the chemicals in this final rule
was identified in the National
Occupational Exposure Survey (NOES)
as having a total potential worker
exposure of greater than 1,000 workers.
EPA has also determined that there are
insufficient data or experience upon
which the effects of the manufacture,
processing and use of these chemicals
on health can reasonably be determined
or predicted and that testing of such
substances with respect to such effects
is necessary. 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
Final Action
06/09/99 64 FR 31074
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4425.
Please note that this entry was
previously identified under RIN 2070—
AB07. TSCA requires EPA to initiate
a rulemaking proceeding within one
year of ITC designation or if such a
proceeding is not initiated within one
year, publish in the Federal Register
EPA's reason for not initiating such
proceeding.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8172
Fax: 202 564—4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8469
Fax: 202 564—4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD42
3444. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a)
"TSCA 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
Final 37th ITC List
Final 38th ITC List
Final 38th ITC List-
Stay
Final 38th—tech stay
Final 38th ITC—rev
Final 39th ITC List
Final 41st ITC List
Final 42nd ITC List
Final 47th ITC List
Final 48th ITC List
Final 50th ITC List
Final 53rd ITC List
Final 54th ITC List
02/28/96 61 FR7421
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98
01/11/00
01/11/00
07/05/00
07/24/00
07/26/01
06/11/03
06/11/03
06/00/04
11/00/04
63 FR 684
65 FR 1548
65 FR 1548
65 FR 41371
65 FR 45535
66 FR 38955
68 FR 34832
68 FR 34832
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 2178.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8086
Fax; 202 564—4765
Email: brown.gerry@eparnail.epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564—8156
Fax: 202 564—4765
Email: harris.johnr@epa.gov
RIN: 2070-AB08
3445. TSCA SECTION 8(0) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d)
"TSCA 8(d)"
CFR Citation: 40 CFR 716
Legal Deadline: None
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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73649
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
EPA offices, and other Federal agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee.
Timetable:
Action
Date FR Cite
Final Action 08/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 1139.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8086
Fax: 202 564—4765
Email: brown.gerry@epamail.epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564—8156
Fax: 202 564—4765
Email: harris.johnr@epa.gov
RIN: 2070-AB11
3446. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(e) TSCA
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 change certain
aspects of the 1978 TSCA section 8(e)
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 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
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3118
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Richard Hefter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7403M, Washington,
DC 20460
Phone: 202 564—7649
Fax: 202 564—7460
Email: hefter.richard@epa.gov
Terry O'Bryan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403M, Washington, DC
20460
Phone: 202 564—7656
Fax: 202 564—7450
Email: obryan.terry@epa.gov
RIN: 2070-AC80
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3447. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 "TSCA
206"
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992, Final.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASHARA) 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.
Timetable:
Action
Date
FR Cite
Model Plan
Interim Final Rule
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 3148.
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—564—8593
Fax: 202 566—0473
Email:
courtnage.robert@epamail.epa.gov
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73650
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202—566—0514
Fax: 202 566—0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AC51
3448. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 "TSCA
6"
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: On October 20, 1992, the
Environmental Defense Fund (EDF),
Federation of Fly Fishers, Trumpeter
Swan Society, and North American
Loon Fund petitioned EPA under
section 21 of the Toxic Substances
Control Act {TSCA), and the
Administrative Procedure Act (APA), to
initiate rulemaking proceedings under
section 6 of TSCA to require that the
sale of lead fishing sinkers be
accompanied by an appropriate label or
notice warning that such products are
toxic to wildlife. EPA granted the
petition, however, the Agency believes
that a labeling provision would not
adequately address the risk of injury to
waterfowl and other birds (waterbirds),
from ingestion of lead fishing sinkers.
In addition, EPA also believes that zinc
fishing sinkers adversely affect
waterbirds, and can cause mortality.
Therefore, EPA has proposed a rule
under section 6(a) of TSCA to prohibit
the manufacturing, processing, and
distribution in commerce in the United
States, of certain smaller size fishing
sinkers containing lead and zinc, and
mixed with other substances, including
those made of brass.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
05/13/91
03/09/94
12/00/05
FR Cite
56 FR 22096
59 FR 11 122
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3252.
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—566—1980
Fax: 202 566—0471
Email: simpson.julie@epamail.epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202—566—0521
Fax: 202 566—0471
Email: wilson.mike@epamail.epa.gov
RIN: 2070-AC21
3449. LEAD—BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE — BRIDGES AND
STRUCTURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 15 USC 2603 "TSCA
4"; PL 102—550 "sec 402"; PL 102—
550 "sec 404"
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994, Final.
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
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 (see 40 CFR
745). Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/04
12/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 4376.
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
Agency Contact: Joel Wolf,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—260—3890
Fax: 202 566—0471
Email: wolf.joel@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202—566—1980
Fax: 202 566—0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC64
3450. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD—BASED PAINT
DEBRIS
Priority: Other Significant
Legal Authority: 15 USC 2682; 15 USC
2684; 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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73651
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
Comment Extension
Final Action
12/18/98 63 FR 70189
02/12/99 64 FR 7159
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3508. See
also RCRA companion rule: Temporary
Suspension of Toxicity Characteristic
Rule for Specified Lead—Based Paint
Debris (SAN 14263; RIN 2050—AE68).
NPRM—
http://www.epa.gov/fedrgstr/EPA—
TRI/1998/December/Day—
18/tri33326.htm
Sectors Affected: 233 Building,
Developing and General Contracting;
23332 Commercial and Institutional
Building Construction; 23542 Drywall,
Plastering, Acoustical and Insulation
Contractors; 23592 Glass and Glazing
Contractors; 23521 Painting and Wall
Covering Contractors; 23511 Plumbing,
Heating and Air-Conditioning
Contractors; 23321 Single Family
Housing Construction; 562111 Solid
Waste Collection; 54138 Testing
Laboratories; 23594 Wrecking and
Demolition Contractors
Agency Contact: Robert Wright,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202—566—1975
Fax: 202 566—0470
Email: wright.robert@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202—566—1980
Fax: 202 566—0471
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC72
3451. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
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
NPRM
NPRM1
Final 1
Final Action
Date FR Cite
12/06/94 59 FR 62875
09/17/02 67 FR 58567
01/31/03 68 FR 4934
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 2150.
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—566—0515
Fax: 202 566—0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202—566—0514
Fax: 202 566—0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AB20
3452. TEST RULES AND
ENFORCEABLE CONSENT
AGREEMENTS UNDER THE TOXIC
SUBSTANCES CONTROL ACT
(GENERIC ENTRY)
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 TSCA Interagency
Testing Committee (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
ANPRM (Aryl Phos)
NPRM (BFRs)
NPRM (Aryl Phos)
Final Action — EGA
(DBE)
Final Action— EGA
(TCE)
Final Action— ECA
(EDC)
Final Action — ECA
(H.F.)
Final Action— ECA
(M.A.)
Final Action — ECA
(PA)
Final Action— ECA
(DEA)
Final Action— ECA
(AryIP)
Date
12/29/83
06/25/91
01/17/92
08/05/99
06/15/00
06/03/03
03/00/04
06/00/04
06/00/04
09/00/04
06/00/05
FR Cite
48 FR 57452
56 FR 29 140
57 FR 21 38
64 FR 42692
65 FR 37550
68 FR 33125
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
-------
73652
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Action
Notice
Government Levels Affected: Federal Timetable:
Additional Information: SAN 3493.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8469
Fax: 202 564—4765
Email: schweer.greg@epamail.epa.gov
Date
FR Cite
01/00/05
David Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564—8179
Fax: 202 564—4765
Email: williams.daver@epa.gov
RIN: 2070-AB94
3453. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: None
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop was
held in December 2001 to provide
sponsors with additional guidance on
the scope and content of the exposure
assessments they will prepare. A peer
consultation process is being used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. Assessments for
four chemicals have been evaluated in
the peer consultation process. Although
not currently involving a rulemaking,
EPA has included this pilot program
in the Regulatory Agenda to inform the
public about activities like this related
to its chemical testing program.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 2865.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/chemrtk/vccep
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202—564—8171
Fax: 202 564—4745
Email:
penberthy.ward@epamail.epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8172
Fax: 202 564—4765
Email:
roman.catherine@epamail.epa.gov
RIN: 2070-AC27
3454. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2611 "TSCA 12"; 15 USC
2625 "TSCA 26"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is coordinating an
evaluation of the data needs for
assessing potential adverse affects that
exposures to metals pose for health and
the environment with the Agencies
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA proposing a test rule under
section 4(a) of the Toxic Substances
Control Act (TSCA). A test rule would
require manufacturers and processors of
certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) 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(1), the Clean
Air Act (CAA) section 112 and other
statutes requiring risk assessments,
health assessments, permits, standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment. Under CERCLA the
Agency for Toxic Substances and
Disease Registry (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 communities. 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
NPRM
Date FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 3882.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8161
Fax: 202 564—4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73653
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202—564—8469
Fax: 202 564—4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD10
3455. TESTING 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: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that OPPT use its
TSCA section 4 testing authority to
obtain health effects data on a number
of Oxygenated Fuel Additives (OFAs).
These data are needed by EPA and
others to increase understanding of the
toxicity of these substances
individually and in comparison to each
other as well as to other OFAs such
as methyl t—butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent
Agreement (EGA) under TSCA section
4, through which responsible parties
can agree to provide data to EPA.
Although not currently a rulemaking,
EPA is including this in the Regulatory
Agenda to inform the public of this
activity which will have a regulatory
impact once an EGA is finalized.
Timetable:
Action
Date FR Cite
Notice To Solicit
Notice EGA
06/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 4174.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202—564—8171
Fax: 202 564—4745
Email:
penberthy.ward@epamail.epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202—564—8174
Fax: 202—260—8168
Email:
semeniuk.george@epamail.epa.gov
RIN: 2070-AD28
3456. SIGNIFICANT NEW USE RULE;
REFRACTORY CERAMIC FIBERS
(RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 "TSCA
5"; 15 USC 2605 "TSCA 6"
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/21/94 59 FR 13294
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN 3528.
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—564—8593
Fax: 202 566—0473
Email:
courtnage.robert@epamail.epa.gov
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202—566—0515
Fax: 202 566—0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
3457. CHEMICAL RIGHT—TO—KNOW
INITIATIVE; HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: None
Legal Deadline: None
Abstract: The voluntary Chemical RTK
Initiative was established in 1998 in
response to the finding that most
commercial chemicals have very little,
if any, 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 widely
used commercial chemicals; additional
health effects assessment for chemicals
to which children are substantially
exposed; and the listing and lowering
of thresholds for persistent,
bioaccumulative, toxic chemicals
reported to the Toxic Release Inventory
(TRI). Although this Initiative is not a
rulemaking, EPA has included it in the
Regulatory Agenda to inform the
public. The Initiative will involve
several separate activities, with any
regulatory related actions included as
separate entries in the Regulatory
Agenda.
Timetable:
Action
Date FR Cite
12/26/00 65 FR 81686
06/00/05
Notice
Initiative Completed
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4176. See
also items identified under the
following RINs 2070—AD09; 2070—
AD38; RIN 2070—AD16; RIN 2070—
AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
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73654
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202—564—8164
Fax: 202 564—4775
Email:
leczynski.barbara@epamail.epa.gov
Diane Sheridan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202—564—8176
Fax; 202 564—4775
Email: sheridan.diane@epamail.epa.gov
RIN: 2070-AD25
3458. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow—up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non—regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4598.
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202—564—8983
Fax: 202 564—9062
Email: chow.flora@epamail.epa.gov
Becky Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 564—9138
Fax: 202 564—9490
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
3459. LEAD; AMENDMENTS TO
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD—BASED PAINT OR
LEAD—BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101; 40 CFR 745.102; 40 CFR
745.103; 40 CFR 745.107; 40 CFR
745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118; 40 CFR
745.119
Legal Deadline: None
Abstract: Amendments will clarify to
which target housing transactions the
rule applies; add or clarify definitions
of important terms; clarify the
disclosure responsibilities of agents;
clarify what information must be
disclosed; clarify recordkeeping
requirements to support enforcement;
and will amend existing regulatory text
to resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. The amendments
will be developed jointly with the
Department of Housing and Urban
Development (HUD), which jointly
administers and enforces the current
requirements with EPA. Small
businesses and state/local/tribal
governments that sell or lease target
housing will be affected in that they
will need to become familiar with
new/revised requirements that apply to
these transactions. Overall burden is
not expected to increase significantly.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/05
07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN 4777.
Sectors Affected: 53111 Lessors of
Residential Buildings and Dwellings;
53121 Offices of Real Estate Agents and
Brokers; 531311 Residential Property
Managers; 92511 Administration of
Housing Programs; 522292 Real Estate
Credit
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202—566—0484
Fax: 202 566—0471
Email: wheeler.cindy@epamail.epa.gov
RIN: 2070-AD64
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73655
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3460. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
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
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture stating that naturally
occurring ores can not be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date FR Cite
NPRM 08/00/04
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4616.
URL For More Information:
www.epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202—566—0758
Fax: 202 566—0741
Email: edmonds.marc@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AAll
3461. ADDITION OF TOXICITY
EQUIVALENCY (TEQ) REPORTING
AND QUANTITY DATA FOR
INDIVIDUAL MEMBERS OF THE
DIOXIN AND DIOXIN—LIKE
COMPOUNDS CATEGORY UNDER
EPCRA, SECTION 313
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Under section 313 of the
Emergency Planning and Community
Right—to—Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxin
and dioxin—like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency (TEOJ reporting for the
category and quantity data for
individual members of the category to
the grams only reporting currently
required for the category under EPCRA
section 313. TEQs are a weighted
quantity measure based on the toxicity
of each dioxin congener relative to the
most toxic dioxin congeners, 2,3,7,8—
tetrachlorodibenzo—p—dioxin and
1,2,3,7,8—pentachlorodibenzo—p—
dioxin. The addition of TEQ reporting
will allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin—like
compounds. TEQ reporting will also
make it easier to compare TRI data on
dioxin and dioxin—like compounds
with other EPA activities which present
data on dioxin and dioxin—like
compounds in terms of TEQs. Several
industry groups have written OMB
supporting the addition of TEQ
reporting to TRI.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/04
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4692. TRI
has not converted to NAICS so the
Standard Industrial Classification (SIC)
Codes are listed: SIC Code 10 Metal
Mining (except SIC codes 1011, 1081,
and 1094), SIC Code 12 Coal Mining
(except SIC code 1241), SIC Code 20—
39 Manufacturing, SIC Codes 4911,
4931, and 4939 Electric Utilities
(limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce),
SIC Code 4953 Commercial Hazardous
Waste Treatment (limited to facilities
regulated under the RCRA, subtitle C,
42 U.S.C. section 6921 et seq.), SIC
Code 5169 Chemicals and Allied
Products—Wholesale, SIC Code 5171
Petroleum Bulk Terminals and Plants,
SIC Code 7389 Solvent Recovery
Services (limited to facilities primarily
engaged in solvent recovery services on
a contract or fee basis).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566—0743
Fax: 202 566—0741
Email: bushman.daniel@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA12
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73656
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3462. TRADE SECRECY CLAIMS FOR
EMERGENCY PLANNING AND
COMMUNITY RIGHT—TO—KNOW
INFORMATION; AND TRADE SECRET
DISCLOSURES TO HEALTH
PROFESSIONALS; AMENDMENT
Priority: Info./Admin./Other
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 350.16; 40 CFR
350.17; 40 CFR 350.27
Legal Deadline: None
Abstract: On July 29, 1988, EPA
published the procedures for claims of
trade secrecy made by facilities
reporting under sections 303(d)(2) and
(d)(3), 311, 312, and 313 of the
Emergency Planning and Community
Right—to—Know Act (EPCRA),
codified in 40 CFR part 350, including
where to mail these claims. EPA also
published the trade secrecy
substantiation forms in the final rule.
This rule amends the regulations
published in 1988 to change the
location to submit claims and appeals.
This rule also amends the regulations
to remove the substantiation forms for
trade secrecy claims.
The regulations promulgated in July
1988 allows EPA to disclose to
authorized representatives including
contractors and subcontractors to EPA
who perform work for EPA in
connection with EPCRA regulations.
For handling trade secret claims, EPA
has contracted to a private firm, and
this contract is recompleted every three
years. Section 350.16 lists the address
of the contractor location which is now
outdated, this action will reflect this
change. Another revision will be to
change EPA's address in section 350.17
since EPA is at a new location. The
last revision is to remove the
substantiation form in section 350.27
and make it available on the program
office's website. This is needed since
the Office of Management and Budget
(OMB) approves the form every three
years during the renewal of Information
Collection Requirement submitted
under the Paperwork Reduction Act.
The date that appears on the form for
OMB approval is also outdated. Since
the address to mail the trade secrecy
claims and the OMB approval date may
change periodically, the Agency has
decided to refer to the program offices
website for this informaion.
This action will not raise any
regulatory burden on any entities
subject to the requirements under 40
CFR part 350, it is only informing the
public of the changes.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
11/14/03 68 FR 64726
11/14/03 68 FR 64719
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4781.
Sectors Affected: 325 Chemical
Manufacturing; 32511 Petrochemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202—564—8019
Fax; 202 564—8233
Email: jacob.sicy@epamail.epa.gov
Larry Reisman, Environmental
Protection Agency, Solid Waste and
Emergency Response, 2844T,
Washington, DC 20460
Phone: 202—566—0751
Fax: 202 564—0741
Email: reisman,larry@epamail. epa.gov
RIN: 2050-AF10
3463. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013
"EPCRA 313"
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This is an ongoing action to
cover all chemical petitions received by
the TRI Program. 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.
Action
Date FR Cite
Notice—DBNPA 10/27/95 60 FR 54949
NPRM—Diisononyl 09/05/00 65 FR 53681
phthalate
Report—Alloys 08/22/01 66 FR 44107
Final—DBNPA 08/00/04
Response— 09/00/04
Acetonittile
Response— 09/00/04
Chromium Antimony
Titanate
Final—Diisononyl 02/00/05
Phthalate
Response—Nitrogen 03/00/05
Tetroxide
Response—19 To Be Determined
Volatile Corrosion
Inhibitor Chemicals
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 2425.
Formerly listed as RIN 2070—ACOO.
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
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).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566—0743
Fax: 202 566—0741
Email: bushman.daniel@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AAOO
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73657
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3464. TOXIC CHEMICAL RELEASE
REPORTING USING NORTH
AMERICAN INDUSTRIAL
CLASSIFICATION SYSTEM (NAICS)
Priority. Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Office of Management
and Budget (OMB) published a Federal
Register Notice of final decision [62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
Reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
Program will convert to NAICS without
producing any changes in the facilities
that are now subject to TRI reporting.
Therefore, there should be no increased
burden resulting from this action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/21/03 68 FR 13872
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4595.
Sectors Affected: 212 Mining (except
Oil and Gas); 221 Utilities; 562 Waste
Management and Remediation Services;
422 Wholesale Trade, Nondurable
Goods
URL For More Information:
www.epa.gov/tri
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202—566—0750
Fax: 202 566—0741
Email: kendall.judith@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA10
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3465. EMERGENCY PLANNING AND
COMMUNITY RIGHT—TO—KNOW
ACT: AMENDMENTS AND
STREAMLINING RULE
Priority: Other Significant
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 supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8, 1998 proposal and this supplemental
proposal will address: 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.
This supplemental rule, when finalized,
will minimize burden for those
facilities that are currently reporting
chemicals that pose minimal risk under
sections 311 and 312 of the Emergency
Planning and Community Right—to—
Know Act. This rule, when finalized,
may also reduce the number of
facilities subject to these reporting
requirements. The reporting
requirements under sections 311 and
312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, state and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date FR Cite
NPRM 06/08/98 63 FR 31268
Supplemental NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 3215.
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202—564—7913
Fax: 202 564—8233
Email:
rodriguez.vanessa@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202—564—8019
Fax: 202 564—8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE17
3466. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHS)
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
requesting that phosmet be removed
from the list of Extremely Hazardous
Substances (EHS) list under the
Emergency Planning and Community
Right—to—Know Act (EPCRA). The
petitioner claims that phosmet does not
meet the acute toxicity criteria for
listing. EPA has proposed a rule to
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73658 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
delete the chemical from the EHS list
and is seeking public comment on the
acute toxicity data reviewed and EPA's
proposal.
EPA considered conducting additional
toxicity testing to solve a dispute
involving some questionable toxicity
data. However, the petitioner
conducted new tests; the results of
which EPA considered in its decision
to propose a deletion of the chemical.
Since the action involves delisting
phosmet (a pesticide) from a regulated
list of chemicals, EPA anticipates no
additional costs on regulated entities,
which include the petitioner,
distributors of pesticides and farm uses
of the pesticides. This action, if
finalized, would reduce the regulatory
burden for facilities that handle
phosmet onsite, as well as Local
Emergency Planning Committees, of
complying with the emergency
planning and notification requirements
for the chemical phosmet under EPCRA
sections 302, 303, and 304.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
Final Action
11/12/03 68 FR 64041
01/12/04
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3994.
Sectors Affected: 42291 Farm Supplies
Wholesalers; 11133 Noncitrus Fruit and
Tree Nut Farming; 111421 Nursery and
Tree Production
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202—564—7987
Fax: 202 564—8444
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202—564—8019
Fax: 202 564—8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE42
3467. EMERGENCY PLANNING AND
COMMUNITY RIGHT—TO—KNOW
ACT: MODIFICATION TO THE
THRESHOLD PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION.
Priority: Other Significant
Legal Authority: 42 USC 11001
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQ) for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on a very
conservative assumption that the entire
quantity of the solid chemical at a
facility could potentially be released to
air in event of an accident. EPA will
propose a rule to revise the TPQ for
solids in solution and seek comment
on an alternative approach based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). Use of this
experimental data would likely raise
the TPQ for solids in solution and
result in relieving some facilities
(number and type unknown at this
time) from the regulatory emergency
planning and notification requirements
under Section 302—304 of the
Emergency Planning and Community
Right—to—Know Act (EPCRA). EPA
will evaluate various experimental data
for accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment on the
appropriateness of considering aerosol
size as a factor for potential off—site
exposure to communities.
Timetable:
Action
Date FR Cite
NPRM 12/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 4753.
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202—564—7987
Fax: 202 564—8444
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202—564—8019
Fax: 202 564—8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AF08
3468. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4015.
Formerly listed as RIN 2070—AD18.
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
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73659
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
5171); and Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Steve Devito,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202—566—0755
Fax: 202 566—0741
Email: devito.steve@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA03
3469. 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
that manufacture or process at least
25,000 pounds of a listed non—PBT
chemical, or otherwise use 10,000
pounds of a listed non—PBT chemical.
The activity thresholds are lower for
listed PBT chemicals. In determining
amounts of listed chemicals that are
manufactured, processed or otherwise
used, facilities may 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 personal
use exemption, and the motor vehicle
maintenance exemption. Also known as
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
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4265.
Formerly listed as RIN 2070—AD39. 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: Lawrence Reisman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566—0751
Fax: 202 566—0741
Email: reisman.larry@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA06
3470. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
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), 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
NPRM
Notice of receipt
Response
Supplemental NPRM
09/25/91 56 FR 4847 5
03/31/99 64 FR 15324
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 2847.
Formerly listed as RIN 2070—AC24.
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).
URL For More Information:
www.epa.gov/tri
Agency Contact: John Dombrowski,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA09
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73660
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
3471. EMERGENCY PLANNING AND
COMMUNITY RIGHT—TO—KNOW
ACT; EXTREMELY HAZARDOUS
SUBSTANCES LIST; MODIFICATION
OF THRESHOLD PLANNING
QUANTITY FOR ISOPHORONE
DIISOCYANATE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 355
Completed:
Reason
Date
FR Cite
Final Action 09/02/03 68 FR 52978
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Sicy Jacob
Phone: 202—564—8019
Fax: 202 564—8233
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE43
3472. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Withdrawn
09/09/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Daniel Bushman
Phone: 202 566—0743
Fax: 202 566—0741
Email: bushman.daniel@epa.gov
John Dombrowski
Phone: 202—566—0742
Fax: 202—566—0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA01
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3473. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a)
"RCRA 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 54 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. EPA will propose item
designations in CPG5. Shortly
afterwards, EPA will issue final item
designations in CPG4. EPA recently
published a Notice of Data Availability
for a prospective designation of nylon
carpet.
Timetable:
Action
Date
FR Cite
Notice—PPRMA
Notice—RMAN 1
NPRM
Final—CPG3—
RMAN3
Notice—NAFD
NPRM—CPG4—
RMAN4
Notice
NPRM—CPG5
Final—CPG4—
RMAN4
06/08/98 63 FR 31214
06/08/98 63 FR 31217
08/26/98 63 FR 45558
01/19/00 65 FR 3069
01/19/00 65 FR 3082
08/28/01 66 FR 45256
07/16/03 68 FR 42040
12/00/03
01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 3545.
Sectors Affected: 92111 Executive
Offices; 92119 All Other General
Government
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, 5306W, Washington, DC 20460
Phone: 703 308—0199
Fax: 703 308—8686
Email: nogas.sue@epa.gov
RIN: 2050-AE23
3474. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Regulatory Plan: This entry is Seq. No.
110 in part II of this issue of the
Federal Register.
RIN: 2050-AE81
3475. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
to allow leachate recirculation over
alternative liner systems which meet
the performance standard specified by
the municipal solid waste landfill
(MSWLF) criteria. The performance
determination would be made by the
state director of an approved MSWLF
program. EPA also plans to propose a
new section to the MSWLF criteria
which will allow the alternative of
clean closure of landfills rather than
require the installation of.a landfill cap,
which would allow the solid waste in
the MSWLF to be totally removed from
the site and be properly disposed of
at another site. Finally, EPA plans to
propose an additional factor to 258.54
for determining the frequency of
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73661
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
ground water monitoring for the
detection monitoring program specified
in this subpart. The additional factor
for consideration concerns liner
performance where there is some direct
system for determining liner
performance. However, the minimum
monitoring frequency would still be no
less than once a year as stated in the
existing regulation.
The Federal role is to establish
minimum protective criteria (part 258).
This proposal will allow additional
flexibility for facility managers of
municipal landfills to achieve
compliance with the criteria. By
providing additional flexibility this
proposal will reduce potential costs
while providing alternative means of
environmental protection.
Timetable:
Action
Date FR Cite
NODA
NPRM
04/06/00 65 FR 18014
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN 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@epamail.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@epamail.epa.gov
RIN: 2050-AE67
3476. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Regulatory Plan: This entry is Seq. No.
Ill in part II of this issue of the
Federal Register.
RIN: 2050-AE97
3477. REVISIONS OF THE LEAD-
ACID BATTERY EXPORT
NOTIFICATION AND CONSENT
REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR subpart G 266.80
(a)
Legal Deadline: None
Abstract: Currently, generators,
transporters and facilities that reclaim
but do not store spent lead—acid
batteries are exempt from hazardous
waste management requirements, as
specified in 40 CFR part 266 subpart
G. Spent lead—acid batteries destined
for export/reclamation are not,
therefore, subject to RCRA manifesting
or export notification and consent
requirements specified in 40 CFR part
262. Allowing the export of spent
lead—acid batteries without prior
notice and consent of the receiving
country is not consistent with widely—
accepted international practices.
Similarly, the exemption contrasts with
more recent Universal Waste
requirements in 40 CFR part 262,
which require export notice and
consent for comparable waste streams.
The purpose of this regulation is to
modify the spent lead—acid battery
exemption to require appropriate notice
and consent for those batteries intended
for export.
Timetable:
Action Date FR Cite
NPRM
Final Action
08/00/04
08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN 4778.
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703—308—8800
Fax: 703 308—0512
Email: goode.marilyn@epamail.epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W, 5304W,
Washington, DC 20460
Phone: 703—308—8196
Fax: 703 308—0514
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AF06
3478. LAND DISPOSAL
RESTRICTIONS: DETERMINATION OF
EQUIVALENT TREATMENT FOR
MACROENCAPSULATION OF
RADIOACTIVE LEAD SOLIDS;
DEFINITION OF
MACROENCAPSULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268.42
Legal Deadline: None
Abstract: EPA anticipates taking action
to grant a national determination of
equivalent treatment petition at the
request of the Department of Energy.
Currently the use of containers is
prohibited for the disposal of
radioactive lead solids by regulations at
40 CFR 268.42. This necessitates the
segradation and separation of
radioactive lead solids from other
debris. Containers of high density
polyethylene (HOPE) can be
constructed that provide a resistant
barrier to degradation by the wastes
and materials into which it may come
into contact after disposal. Revision of
current regulation will be required to
allow the use of such HDPE containers
for waste primarily consisting of
radioactive lead solids. We believe
these changes in disposal practices will
promote more efficient cleanup of
contaminated sites by removing a
regulatory distinction between
radioactive lead solids and other forms
of hazardous debris, reduce worker
exposures, and promote further
advancement in new technologies for
disposal. The use of containers are
expected to be less costly than
extrusion coatings and, therefore, this
action would be cost neutral to cost
beneficial to the Department of Energy
and other generators of radioactive lead
solids.
Timetable:
Action
Date FR Cite
NPRM 05/00/04
Direct Final Rule 05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4743.
Action is of equivalent regulatory
stringency. States and Tribes will not
be required to adopt rule.
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Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Agency Contact: Nichole Schindler,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308—0146
Fax: 703 308—8433
Email: schindler.nichole@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@epamail.epa.gov
RIN: 2050-AF12
3479. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
Regulatory Plan: This entry is Seq. No.
109 in part II of this issue of the
Federal Register.
RIN: 2050-AEOl
3480. • REGULATORY AMENDMENTS
TO THE F019 HAZARDOUS WASTE
LISTING TO EXCLUDE THE
WASTEWATER TREATMENT
SLUDGES FROM THE CHEMICAL
CONVERSION COATING PROCESS
(ZINC PHOSPHATING) OF
AUTOMOBILE BODIES OF ALUMINUM
Regulatory Plan: This entry is Seq. No.
113 in part II of this issue of the
Federal Register.
RIN: 2050-AG15
3481. • RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The Performance Track
program provides recognition and
incentives for facilities that
demonstrate to the Agency that they are
top environmental performers.
Performance Track is a voluntary,
facility based program that reviews
applicants twice a year for conformance
to four core criteria. These criteria are:
a commitment to continuous
improvement, a well—functioning
Environmental Management system in
place for at least one year, a solid
record of compliance, and a
commitment to community outreach
and annual public reporting. Currently
there are about 320 members in
Performance Track. In this action, EPA
plans to propose permit modifications,
performance based standards for tanks
and generator standards, and reduced
duplication between RCRA and CAA
standards. These incentives will be
available only to facilities that are
members of the Performance Track
program. Should a facility choose to
leave the program, any regulatory
benefits they receive will no longer be
available. Performance Track facilities
commit to environmental
improvements that reach beyond
regulatory compliance, and as such
benefits are quantifiable via each
member facilities' annual report, and in
aggregate through EPA's progress
reports on the program. In EPA's first
Performance Track progress report,
member facilities collectively reduced:
energy use by 1.1 million mmBtus,
water use by 475 million gallons,
hazardous materials use by 908 tons,
emissions of volatile organic
compounds (VOCs) by 329 tons,
emissions of air toxics by 57 tons,
emission of nitrogen oxides (NOx) by
152 tons, discharges to water of
biochemical oxygen demand (BOD),
chemical oxygen demand (COD), and
total suspended solids (TSS) by 1,227
tons, toxic discharges to water 5,543
tons, solid waste by 150,000 tons, and
hazardous waste by 692 tons.
Timetable:
Action
Date FR Cite
NPRM
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4828.
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1808T,
Washington, DC 20460
Phone: 202—566—2884
TDD Phone: 202 566—2884
Fax: 202 566—0966
Email: sachs.robert@epamail.epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1808T, Washington, DC 20460
Phone: 202—566—2872
TDD Phone: 202 566—2872
Fax: 202 566—2985
Email: guest.david@epamail.epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3482. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Regulatory Plan: This entry is Seq. No.
123 in part II of this issue of the
Federal Register.
RIN: 2050-AE44
3483. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Regulatory Plan: This entry is Seq. No.
122 in part II of this issue of the
Federal Register.
RIN: 2050-AE34
3484. METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6936; 42 USC 6937; 42 USC
6938; 42 USC 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's process for releasing
analytical methods through the SW—
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73663
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
846 methods compendium which
support the RCRA program, has been
through publishing FR notices and
taking public comment. SW—846
methods are widely used, but the
majority of the methods are not
required by any particular regulation.
Therefore, EPA has proposed a
streamlined process for releasing
analytical methodologies to the public,
while also promoting the Performance
Base Measurement Approach in the
Methods Innovation Proposed Rule
(MIR) (FAR: 67FR 66252 (October 30,
2002). The comment period was
extended until February 28, 2003. In
addition EPA has been 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.
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 proposed 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 action
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. The MIR and
previous method packages have been
exempt from OMB review and SBREFA
analysis due the nature of the guidance
and it's voluntary use.
Since many advances have occurred in
waste sampling strategies since initial
guidance was published in 1984, along
with the proposal EPA has announced
the availability of a new guidance
document for public comment entitled,
"RCRA Waste Sampling Draft Technical
Guidance." One main advantage to
releasing the guidance is that the
document provides new approaches to
waste sampling, with real life examples
which we expect will lead to improved
ability to characterize waste streams.
We believe that the release of this MIR
and Waste Sampling Guidance will be
widely accepted by the regulated,
scientific, and academic community
because they provide state of the art
approaches for determining hazardous
waste and sampling characteristic
techniques.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/30/02 67 FR 66252
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 3989.
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, 5307W, Washington, DC 20460
Phone: 703—308—0490
Fax: 703 308—0511
Email: kirkland.kim@epamail.epa.gov
RIN: 2050-AE41
3485. RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PERMITS FOR
MUNICIPAL SOLID WASTE LANDFILL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a; 42
USC 6981(a)
CFR Citation: 40 CFR 258.4
Legal Deadline: None
Abstract: EPA is considering adding a
new section to the Criteria for
Municipal Solid Waste Landfills
(MSWLF) to allow directors of
approved states to issue research,
development, and demonstration
(RD&D) permits for landfill operations
at variance with some parts of the
criteria, as long as it is demonstrated
that these operations will not result in
an increased risk to human health and
the environment. Variances for location
restrictions, design standard
groundwater monitoring, corrective
action requirements, the financial
assurance criteria, and most operational
controls would not be allowed by this
action. EPA is considering this
alternative to stimulate new
technologies and alternatives in the
landfilling of municipal solid waste.
This additional flexibility may reduce
potential costs while providing
opportunities for innovative
technologies that protect human health
and the environment.
Timetable:
Action
NODA
NPRM
Final Action
Date
04/06/00
06/10/02
12/00/03
FR Cite
65 FR 18014
67 FR 39662
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN 4588.
Split from RIN 2050—AE67.
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@epamail .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@epamail.epa.gov
RIN: 2050-AE92
3486. HAZARDOUS WASTE MANIFEST
REGULATION
Regulatory Plan: This entry is Seq. No.
121 in part II of this issue of the
Federal Register.
RIN: 2050-AE21
3487. OFFICE OF SOLID WASTE
BURDEN REDUCTION INITIATIVE
Regulatory Plan: This entry is Seq. No.
124 in part II of this issue of the
Federal Register.
RIN: 2050-AE50
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3488. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT—CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA proposed to modify the
RCRA regulations for management of
solvent—contaminated industrial wipes
in response to stakeholder concerns
that industrial wipes are over—
regulated because they pose little threat
to human health and the environment.
Industrial wipes are used with solvents
across industry in various ways; EPA
estimates that there are approximately
471,000 users of industrial wipes in 13
economic subsectors, but many users
use small numbers of wipes with small
amounts of solvents on them.
This proposed regulation, upon
finalization, would provide regulatory
relief for two types of solvent—
contaminated industrial wipes: (1)
Disposable wipes, which are disposed
of in a landfill or by combustion after
use, and (2) reusable wipes, which are
laundered after use to remove the
solvent and then are used again. EPA
proposed to conditionally exclude
disposable industrial wipes from the
definition of hazardous waste and to
conditionally exclude reusable
industrial wipes from the definition of
solid waste.
The regulation is estimated to result in
S34 million of savings throughout the
economy and has been developed with
conditions to ensure that management
of these solvents remains protective of
human health and the environment.
Timetable:
Action
Date FR Cite
NPRM
11/20/03 68 FR 65586
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4091.
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
Agency Contact: Kathy Blanton,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 605—0761
Fax: 703 308—0514
Email: blanton.katherine@epa.gov
RIN: 2050-AE51
3489. RECYCLING OF CATHODE RAY
TUBES (CRTS) AND MERCURY-
CONTAINING EQUIPMENT: CHANGES
TO HAZARDOUS WASTE
REGULATIONS
Regulatory Plan: This entry is Seq. No.
125 in part II of this issue of the
Federal Register.
RIN: 2050-AE52
3490. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Priority: Other Significant
Legal Authority: 42 USC 6903 "RCRA
sec 1004"
CFR Citation: 40 CFR 261.2
Legal Deadline: None
Abstract: Under RCRA, to be a
hazardous waste, a material must also
be a solid waste. EPA's framework for
determining whether a material is a
solid waste is based on what the
material is, and how it's managed (e.g.,
how it is used, reused, etc.). For
materials being recycled, RCRA
jurisdiction is complex, and the history
of legal decisions related to the
definition of solid waste is extensive
(AMC I, API I, AMC II, ABR, API II,
etc.). In response to American Mining
Congress v. EPA, 824 F. 2d 1177(D.C.
Cir. 1987) (AMC I) and one of the most
recent decisions, the Association of
Battery Recyclers, v. EPA 208 F.3d
1047 (2000) (ABR), EPA proposed to
revise the definition of solid waste. The
proposed rule specifically addressed
materials undergoing reclamation. In
the context of reclamation, we
discussed options for how to
distinguish materials that are discarded
from materials that remain in use in
a continuous industrial process and we
proposed a definition of "continuous
industrial process." Generally, we
believe that removing the specter of
RCRA control where it is not necessary
can spur increased reuse and recycling
of hazardous waste, and will lead to
better resource conservation and
improved materials management
overall.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/28/03 68 FR 61558
04/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4670.
Nominated for reform in OMB's Report
to Congress on the Costs and Benefits
of Regulations, Appendix A to revise
the definition of solid waste rule to
grant an exemption from RCRA for
materials destined for recycling or
reuse. OMB has given it a medium
priority level.
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703—308—8800
Fax: 703 308—0512
Email: goode.marilyn@epamail.epa.gov
Ingrid Rosencrantz, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703—605—0709
Fax: 703 308—0522
Email:
rosencrantz.ingrid@epamail.epa.gov
RIN: 2050-AE98
3491. PROJECT XL — ORTHO-
MCNEIL PILOT PROJECT ALLOWING
ON—SITE TREATMENT OF LOW-
LEVEL MIXED WASTES WITHOUT
RCRA PERMIT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This site—specific
rulemaking would allow Ortho—
McNeil Pharmaceutical (OMP) to treat
small volumes of low—level mixed
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73665
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
wastes on—site using a bench—scale
catalytic oxidizing treatment unit as an
alternative to long—term storage and
off—site transportation and land
disposal at a Nuclear Regulatory
Commission (NRC)—licensed, Resource
Conservation and Recovery Act
permitted Treatment, Storage and
Disposal Facility. This treatment
effectively destroys the organic
component of the wastestream, yielding
a residual that is only a low—level
radioactive waste and can be disposed
at an NRC—licensed low—level
radioactive waste disposal facility.
OMP is also working with various
companies to develop and test recovery
technologies that could be used in lieu
of disposal.
Timetable:
Action
Date FR Cite
NPRM 07/24/01 66 FR 38395
Final Action 12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4439.
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202—566—2184
Fax: 202 566—2200
Email: panetta.sandra@epamail.epa.gov
Donna Perla, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202 566—2177
Fax: 202 566—2211
Email: perla.donna@epa.gov
RIN: 2090-AA14
3492. PROJECT XL SITE—SPECIFIC
RULEMAKING FOR ANNE ARUNDEL
COUNTY MILLERSVILLE LANDFILL,
SEVERN, MARYLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: Anne Arundel County
proposes to demonstrate that a
bioreactor with an alternative liner
system is as effective or superior to a
bioreactor with the standard composite
liner currently allowed by regulations.
The main goal of this project is to
deliver superior environmental
performance by capturing the
additional airspace gained by
accelerated decomposition of the waste.
This benefits the County and its
citizens by prolonging the life of the
landfill and thereby postponing the
siting of new solid waste management
facilities with their attendant social,
environmental, and economic impacts.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/13/03 68 FR 25550
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4534.
Agency Contact: Steven Donohue,
Environmental Protection Agency,
Office of the Administrator, 3E100,
Philadelphia, PA 19103—2029
Phone: 215—814—3215
Fax: 215 814—2782
Email:
donohue.steven@epamail.epa.gov
Sherri Walker, Environmental
Protection Agency, Office of the
Administrator, 1807T, Washington, DC
20460
Phone: 202—566—2186
Fax: 202 566—2218
Email: walker.sherri@epamail.epa.gov
RIN: 2090-AA25
3493. PROJECT XL SITE—SPECIFIC
RULEMAKING FOR THE IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a]
Legal Deadline: None
Abstract: This rulemaking provides a
site—specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements, including the
need for a storage permit by the cement
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
presumption that these sludges can be
safely recycled without regulatory
oversight.
Timetable:
Action
Date FR Cite
NPRM 06/06/01 66 FR 30349
Supplemental NPRM 04/14/03 68 FR 18042
Final Action 05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4565.
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202—566—2184
Fax: 202 566—2200
Email: panetta.sandra@epamail.epa.gov
Andrew Baca, Environmental
Protection Agency, Office of the
Administrator, 5301W, Washington, DC
20460
Phone: 703—308—6787
Fax: 703 308—0513
Email: baca.andrew@epamail.epa.gov
RIN: 2090-AA29
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3494. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES —
NONPOWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of nonhazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
nonutility combustors. Nonutility
combustors are commercial, industrial,
and institutional facilities that burn
coal in boilers to generate steam. The
regulations will also apply to mine
facilities where any coal combustion
wastes are managed, (i.e., backfilled
into mined areas). This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), in which the
Agency concluded that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed. As
described in the regulatory
determination, there is sufficient
evidence that adequate controls may
not be in place. The intended benefits
of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency has completed information
collection efforts and is currently
analyzing this information. The Agency
will also analyze the human health and
ecological risks, costs, and economic
impact of this action as it develops the
proposed regulations. The Agency has
considered alternatives to this action,
including regulating these wastes as
hazardous wastes under subtitle C of
RCRA, but has rejected this approach
as discussed in the regulatory
determination (see 65 FR 32214, May
22, 2000). EPA has also considered
issuing guidance to industry and state
and local governments to focus on the
waste management issues but
concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go undressed.
The Agency is considering alternatives
to regulation of mine placement under
RCRA per this action, including
consulting with the U.S. Department of
the Interior on appropriate measures
under the Surface Mining Control and
Reclamation Act (SMCRA) or some
combination of both SMCRA and
RCRA.
Timetable:
Action
Date
FR Cite
NPRM
07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 4469.
This rule may also impact Federal,
State, local or tribal governments that
own/operate coal—burning facilities
(excluding facilities that primarily
generate electric power for sale) or coal
mines that accept coal combustion
wastes.
Sectors Affected: 325 Chemical
Manufacturing; 2121 Coal Mining;
22112 Electric Power Transmission,
Control and Distribution; 311 Food
Manufacturing; 337 Furniture and
Related Product Manufacturing; 62
Health Care and Social Assistance; 322
Paper Manufacturing; 331 Primary
Metal Manufacturing; 313 Textile Mills;
336 Transportation Equipment
Manufacturing
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@epamail.epa.gov
RIN: 2050-AE83
3495. REGULATION OF HAZARDOUS
OIL—BEARING SECONDARY
MATERIALS FROM PETROLEUM
REFINING INDUSTRY AND OTHER
HAZARDOUS SECONDARY
MATERIALS PROCESSED IN A
GASIFICATION SYSTEM TO PRODUCE
SYNTHESIS GAS—FINAL RULE
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6974
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is considering
finalizing revisions to the RCRA
hazardous regulations to exclude oil—
bearing secondary materials, generated
by the petroleum refining industry and
others, from the definition of solid
waste if the materials are destined to
be processed in a gasification device
manufacturing synthesis gas fuel. We
are considering this exclusion in order
to clarify and simplify RCRA
jurisdiction, and to be consistent with
other comparable existing exclusions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/25/02 67 FR 13684
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4411.
This is an extension of a previous
notice that contained the following RIN
2050—AD88.
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@epamail.epa.gov
Rick Brandes, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308—8871
Fax: 703 308—8433
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Federal Register/ Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73667
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Email: brandes.william@epa.gov
RIN: 2050-AE78
3496. RCRA BURDEN REDUCTION
INITIATIVE, PHASE 2
Priority: Other Significant
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 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 264.16;
40 CFR 264.52; 40 CFR 264.56; 40 CFR
264,73; 40 CFR 264.98 et seq; 40 CFR
265.16; 40 CFR 265.52; 40 CFR 265.56;
40 CFR 265.73; 40 CFR 265.98 et seq;
40 CFR 266.103; 40 CFR 268.7, 268.9;
40 CFR 270.16, 270.17
Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
burden reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the biennial report.
Moving from a paper system to an
electronic system focused on
information gathered and generated by
treatment, storage, and disposal
facilities may provide for significant
burden reduction savings.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
3497. E—CYCLING PILOT PROJECT
FOR REGION 3 STATES (ECOS);
STREAMLINING RCRA REGULATIONS
TO ENCOURAGE REUSE,
RECYCLING, AND RECOVERY OF
ELECTRONIC EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)(24); 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
(ECOS) partnership agreement that EPA
Region 3 entered into with the six State
environmental agencies. As part of the
partnership agreement, the region
agreed to prepare a regional rule and
to expedite its promulgation by using
the direct final rulemaking process. By
using this innovative approach to have
a regional e—Cycling Pilot Project, EPA
Region 3 and the Mid—Atlantic States
(DE, DC, MD, PA, VA, WV) will be able
to provide additional information about
EPA's national proposed cathode ray
tube (CRT) exclusion from the
definition of solid waste. (CRTs are the
video display components of
televisions and computer monitors.)
The regional e—Cycling Pilot Project
could serve as a model for electronic
recycling nationwide and the States
believe that the recycling program will
function effectively as a result of this
regulatory flexibility.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4735.
Agency Contact: Robert Burchard,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703—308—8450
Fax: 703 308—8433
Email: burchard.robert@epamail.epa.gov
RIN: 2050-AF01
Action
Date
FR Cite
Direct Final Rule 12/26/02 67 FR 78718
Withdrawal of Direct 02/24/03 68 FR 8553
Final Rule
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 4701.
Agency Contact: Marie Holman,
Environmental Protection Agency,
Regional Office Philadelphia, 3EIOO,
Philadelphia, PA 19103—2029
Phone: 215—814—5463
Fax: 215 814—2782
Email: holman.marie@epamail.epa.gov
Sandra Panetta, Environmental
Protection Agency, Regional Office
Philadelphia, 1807T, Washington, DC
20460
Phone: 202—566—2184
Fax: 202 566—2218
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
3498. 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
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
02/12/93 58 FR 8504
12/00/06
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN 3189.
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703—603—7166
Fax: 202 603—0175
Email: ng.sammy@epamail.epa.gov
RIN: 2050-AD69
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73668
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3499. LISTING DETERMINATION AND
LDR FOR WASTES GENERATED
DURING THE MANUFACTURE OF
AZO, ANTHRAQUINONE, AND
TRIARYLMETHANE DYES AND
PIGMENTS
Priority: Other Significant
Legal Authority: 42 USC 6921 "RCRA
3001"; 42 USC 9602 "CERCLA 102"
CFR Citation: 40 CFR 148; 40 CFR 261;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial,
November 10, 2003, NPRM.
Final, Judicial, February 15, 2005,
Final.
Abstract: This action is mandated by
the 1984 Hazardous and Solid Waste
Amendments and a consent decree
(EOF v. Browner, Civil Action No. 89—
0598, D.D.C.). 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 the Resource
Conservation and Recovery Act (RCRA)
to control any potentially unacceptable
risks. If listed under RCRA, these
wastes would also be added to the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA).
Upon evaluation of risk assessment
modeling results, we will propose
whether or not to list the wastes of
concern. If relevant, we may include
contingencies to focus the listing on
particular waste management practices.
If we determine that these wastes
warrant listing, we will provide the
benefit of protecting human health and
the environment. At the same time, we
plan to provide specific risk—reduction
goals for industry, which, if met, will
significantly reduce the regulatory
burden associated with the listing
determination. As of August 2003, we
have not yet quantified potential costs
associated with this rule. Depending on
how the proposal is structured, there
may be some small business impacts.
The current action is a reproposal of
prior actions. We proposed listing
decisions for most of the targeted
wastes in 1994, and several other
wastes in 1999. The 1994 and 1999
proposals were incomplete because
they did not contain information
claimed to be confidential by industry
(the data are subject to an injunction
prohibiting their release). The current
action does not rely on the contested
data and will replace the 1994 and
1999 proposals. The reproposal will
also identify land disposal restrictions
for the wastes of concern.
The current action is targeted on wastes
from the manufacture of dyes and
pigments, with specific emphasis on
certain product classes (azos,
anthraquinones, triarylmethanes).
Manufacturers of these products will
need to assess their wastes to determine
whether they meet the final listing
definitions.
Timetable:
Action
Date FR Cite
NPRM—Dyes 1
NPRM—Dyes2
NPRM
Final Action
12/22/94 59 FR 66072
07/23/99 64 FR 40192
11/00/04
02/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 3066.
Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing
Agency Contact: Wanda Lebleu,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703—308—0438
Fax: 703 308—0522
Email: lebleu.wanda@epamail.epa.gov
Gwen DiPietro, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703—308—8285
Fax: 703 308—0514
Email: dipietro.gwen@epamail.epa.gov
RIN: 2050-AD80
3500. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES.
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6922; 42 USC 6924;
42 USC 6926
CFR Citation: 40 CFR 261.3(a)(2)(iv)(A)
to (GKRevision)
Legal Deadline: None
Abstract: This revision to the
wastewater treatment exemptions for
hazardous waste mixtures has been
proposed to address inconsistencies in
the regulations, as well as provide
regulatory relief. Current EPA mixture
rule exemptions have not kept up with
more recent additions to solvent
listings, Clean Air Act regulations,
wastewater treatment technology, and
policies affecting other hazardous
wastes. Therefore, the need exists for
a Federal deregulatory solution to
resolve these inconsistencies. It is
estimated that this rule, if finalized,
will save $11 to 49 million in
compliance costs. EPA proposed to add
two solvents (benzene and 2—
ethoxyethanol) to the hazardous waste
exemptions for mixtures of spent
solvents in wastewater treatment plants
(headworks rule) at 40 CFR
261.3(a)(2)(iv)(A) — (B). EPA proposed
not to take action on two other
solvents, 2—nitropropane and 1,1,2—
trichloroethane. In addition, EPA has
proposed (1) changing the
implementation of the rule from using
mass balance only, to choice of using
direct monitoring; (2) revising the types
of facilities and the types of wastes
eligible for the de minimis exemption
under section 261.3(a)(2)(iv)(D); and
clarifying the applicability of the
exemption to scrubber waters from the
incineration of spent solvents. Facilities
affected by this action include
industrial facilities with on—site
wastewater treatment plants,
commercial wastewater treatment
facilities, and certain Federal facilities.
Timetable:
Action
Date FR Cite
NPRM 04/08/03 68 FR 17233
Final Action 01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4501.
This rule has been nominated for
reform in OMB's Report to Congress on
the Costs and Benefits of Regulation,
Appendix A. OMB has given it a high
priority level.
Sectors Affected: 31-33 Manufacturing;
562 Waste Management and
Remediation Services
URL For Public Comments:
www.epa.gov/edocket
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
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Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73669
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703—308—0522
Fax: 703 308—0522
Email: lauer.lisa@epamail.epa.gov
Laura Coughlan, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703—308—0005
Fax: 703 308—0514
Email: coughlan.laura@epa.gov
RIN: 2050-AE84
3501. REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision)
Legal Deadline: None
Abstract: The Agency is considering
changing the existing regulation 40 CFR
262 Subpart H, which regulates
transboundary movement of hazardous
waste within all countries that are
members of the Organization for
Economic Cooperation and
Development (OECD). This is in
response to the fact that there is now
approximately $30 to 40 billion in
annual trade among developed
countries in waste recyclables, with the
United States having a positive trade
balance. Because each of the developed
countries (the 30 OECD countries) had
a different system for controlling the
exports and imports of waste, including
recyclables, the international recycling
market was not as efficient as it could
be. A more streamlined, uniform
system for exports and imports will
also increase recycling and lessen
disposal. The United States was
actively involved in the negotiation of
a legally—binding OECD multilateral
agreement to create a more streamlined
system. OECD Member countries are
then obligated to transfer the terms of
the multilateral agreement to their
domestic regulations in order for the
multilateral agreement to have legal
authority. This regulation would be
amended to comply with changes
passed by the OECD Council. Existing
waste lists may be restructured to
comply with the new OECD waste lists.
As such, previously existing waste lists
may be renamed according to adopted
OECD terminology. Shipments of small
waste amounts destined for laboratory
analysis may be exempted from filing
certain paperwork requirements that are
otherwise required. A certificate of
recovery may be required upon final
recovery of wastes and timeframes for
recovery operations may be changed to
reflect the decisions made by the OECD
Council. This needs to have a Federal
solution because international exports
and imports are overseen at the Federal
level due to the foreign powers
authority clause.
Many alternatives were considered by
government and industry during the
intensive negotiations on the legally
binding multilateral agreement, with
the U.S. having a great deal of
influence over which alternatives were
in the final agreement. The Agency
plans to codify the streamlining
provisions of the OECD multilateral
agreement, regulating exporters and
importers of waste recyclables.
Exporters and importers of waste
recyclables will need to implement the
international uniform procedures of the
OECD multilateral agreement, however
these costs will be less than would be
needed to deal with 30 different
national export and import systems. In
addition, some common existing export
and import procedures were
streamlined so that the new procedures
are even more efficient than was
common in the past. The benefits are
greater administrative efficiency for
U.S. exporters and importers in the
international recycling market, and a
lower level of waste disposal in the
United States since there is more
efficient access to other recycling
markets.
Timetable:
Action
Date FR Cite
NPRM 12/00/04
Direct Final Rule 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 4606.
Agency Contact: Maximo Diaz,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703—308—0439
Fax: 703 308—0514
Email: diaz.maximo@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W, 5304W,
Washington, DC 20460
Phone: 703—308—8196
Fax: 703 308—0514
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AE93
3502. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 6912(a)
"RCRA 2002(a)"; 42 USC 6924 "RCRA
3004"; 42 USC 6925 "RCRA 3005"; 42
USC 6926 "RCRA 3006"
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations require
companies to provide financial
assurance for environmental
obligations, and allow companies that
meet certain requirements to self insure
their environmental obligations for
closure, post—closure care and third
party liability. EPA proposed a revised
financial test because the revised test
would be better at predicting which
firms will enter bankruptcy and not be
able to cover their financial assurance
obligations at hazardous waste
treatment, storage and disposal
facilities. If such a firm were to enter
bankruptcy, the government could
incur the clean up liability.
EPA's regulations set the minimum
national standards for State hazardous
waste programs, and so a change in
Federal requirements would be
necessary to ensure consistent
improvements in the test. Without
rulemaking, States would have the
option of not adopting these changes,
and so the improvement in the test
would not be implemented in States
that cannot have regulations that are
more stringent than Federal standards.
The proposal considered several
alternative financial tests, and the
analysis supporting the original
proposal found that the savings from
the proposed alternative would be $19
million in public and private costs. If
EPA promulgates a revised financial
test, it may affect companies that treat,
store, or dispose of hazardous waste.
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73670 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM Original
NPRM
Notice
Final Action
07/01/91
10/12/94
12/00/04
03/00/06
56 FR 30201
59 FR 51523
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 2647.
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703—308—8192
Fax: 703 308—8609
Email: ruhter.dale@epamail.epa.gov
RIN: 2050-AC71
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3503. CRITERIA FOR
CLASSIFICATION OF SOLID WASTE
DISPOSAL FACILITIES AND
PRACTICES AND CRITERIA FOR
MUNICIPAL SOLID WASTE
LANDFILLS: DISPOSAL OF
RESIDENTIAL LEAD—BASED PAINT
WASTE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 257; 40 CFR 258
Completed:
Reason
Date
FR Cite
Final Action 06/18/03 68 FR 36487
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Paul Cassidy
Phone: 703—308—7281
Fax: 703 308—8686
Email: cassidy.paul@epamail.epa.gov
RIN: 2050-AE86
3504. MUNICIPAL SOLID WASTE
LANDFILL LOCATION RESTRICTIONS
FOR AIRPORT SAFETY
Priority: Info./Admin./Other
CFR Citation: 40 CFR 258.10
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mary Moorcones
Phone: 540—338—1348
Fax: 540 338—5547
Email:
moorcones.mary@epamail.epa.gov
RIN: 2050-AE91
3505. RECYCLED USED OIL
CONTAINING PCBS: AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 261; 40 CFR 279
Completed:
Reason
Date FR Cite
Final Action
07/30/03 68 FR 44659
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Mike Svizzero
Phone: 703 308—0046
Fax: 703 308—8638
Email: svizzero.michael@epa.gov
RIN: 2050-AF07
3506. LAND DISPOSAL
RESTRICTIONS; TREATMENT
STANDARDS FOR SPENT POTLINERS
FROM PRIMARY ALUMINUM
REDUCTION (K088) AND
REGULATORY CLASSIFICATION OF
K088 VITRIFICATION UNITS
Priority: Other Significant
CFR Citation: 40 CFR 268; 40 CFR 271
Completed:
Reason
Date
FR Cite
Withdrawn
09/02/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Elaine Eby
Phone: 703—308—8449
Fax: 703 308—8433
Email: eby.elaine@epamail.epa.gov
Rick Brandes
Phone: 703 308—8871
Fax: 703 308—8433
Email: brandes.william@epa.gov
RIN: 2050-AE65
Withdrawn
10/08/02 67 FR 62647
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Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73671
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 262
Reason
3507. AMENDMENT TO PROJECT XL Completed:
RULEMAKING AND FINAL PROJECT
AGREEMENT (FPA) FOR NEW
ENGLAND UNIVERSITIES
LABORATORIES
Date
FR Cite
Withdrawn 09/09/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: George Frantz
Phone: 617—918—1883
Fax: 617 918—1809
Email: frantz.george@epamail.epa.gov
Lisa Reiter
Phone: 202—566—2185
Fax: 202 566—2118
Email: reiter.lisa@epamail.epa.gov
RIN: 2090-AA32
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3508. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
"CERCLA 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:
Action
Final 20
NPRM 24
Final 21
NPRM 25
Final Tex — Tin
Final 22
NPRM 26
Final 23
NPRM 27
NPRM Midnight Mine
NPRM 28
Final 24
NPRM Almeda
Final 25
NPRM 29
NPRM 30
Final Action
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Date FR Cite
03/06/98 63 FR 11 332
03/06/98 63 FR 11 340
07/28/98 63 FR 40 182
07/28/98 63 FR 40247
09/18/98 63 FR 49855
09/29/98 63 FR 51 848
09/29/98 63 FR 51 882
01/19/99 64 FR 2942
01/19/99 64 FR 2950
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24949
05/10/99 64 FR 24990
07/22/99 64 FR 39878
07/22/99 64 FR 39886
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 461 31
08/24/00 65 FR 51 567
Action
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
Final Rule Adding 19
Sites
NPRM 38
Final Action
NPRM
Date FR Cite
12/01/00 65 FR 75179
12/01/00 65 FR 7521 5
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66 FR 476 12
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
04/30/03 68 FR 23077
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 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@epamail.epa.gov
Terry Jeng, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 703—603—8852
Fax: 703 603—9104
Email: jeng.terry@epamail.epa.gov
RIN: 2050-AD75
3509. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 to 9603
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
Abstract: The Agency is considering
proposing corrections and other
changes to 40 CFR 302.4, the
Designation of Hazardous Substances.
The proposal may include the
correction of entries for individual
substances, entries for F— and K—
waste streams and entries in appendix
A of 40 CFR 302.4. Other aspects of
the proposal may include additional
substances as entries in table 302.4,
appendix A to section 302.4, and the
table in section 302.6(b)(iii); removal of
other entries from these lists; and
amendments to certain footnotes that
explain entries in table 302.4.
Timetable:
Action
Date
FR Cite
NPRM
05/00/04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN 4737. The
Agency is considering additional
corrections not covered in a prior Error
Correction Rulemaking (67 FR 45314,
7/9/02) and expected to generate
comment from the public.
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@epamail.epa.gov
RIN: 2050-AF03
3510. STANDARDS AND PRACTICES
FOR CONDUCTING "ALL
APPROPRIATE INQUIRY"
Regulatory Plan: This entry is Seq. No.
112 in part II of this issue of the
Federal Register.
RIN: 2050-AF04
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73672 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
3511. 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
Legal Deadline: None
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
territories 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 2000, 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. Subpart O also needs to be
conformed with part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements).
EPA expects to 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
CAs, and promote other policy
advances in State/tribal/EPA
interaction.
Timetable:
Action
Date FR Cite
NPRM
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 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@epamail.epa.gov
Stephen Caldwell, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703—603—8833
Fax: 703 603—9104
Email:
caldwell.stephen@epamail.epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3512. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE—RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE (K178)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602(a); 42
USC 11004
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) until 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 proposed
RQ adjustments for the carbamates.
Most RQ adjustments are 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.
In addition, we proposed an RQ
adjustment for the inorganic chemical
manufacturing process waste (K178)(66
FR 58258, 11/20/01).
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/04/03 68 FR 67916
02/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 3423.
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@epamail.epa.gov
RIN: 2050-AE12
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73673
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
3513. 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:
Action
Date
FR Cite
ANPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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@epamail.epa.gov
RIN: 2050-AE63
3514. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Priority: Other Significant
Legal Authority: 42 USC 9603
CFR Citation: 40 CFR 302.6(c)
Legal Deadline: None
Abstract: The Agency is considering
proposing to administratively exempt
from reporting requirements the
releases of certain NOx emissions to
air. This would eliminate reports from
facilities emitting NOx where the
Agency has determined that the
releases pose little or no risk or to
which a Federal response is infeasible
or inappropriate. Requiring reports of
such releases would serve little or no
useful purpose and could, instead,
impose a significant burden on the
Federal response system and on the
persons responsible for notifying the
Federal Government of the release.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4736.
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@epamail.epa.gov
RIN: 2050-AF02
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Completed Actions
3515. CLARIFICATION TO INTERIM
STANDARDS AND PRACTICES FOR
ALL APPROPRIATE INQUIRY UNDER
CERCLA AND NOTICE OF FUTURE
RULEMAKING ACTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 312
Completed:
Reason
Date
FR Cite
Final Action 05/09/03 68 FR 24888
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Patricia Overmeyer
Phone: 202—566—2774
Fax: 202—566—2757
Email:
overmeyer.patricia@epamail.epa.gov
RIN: 2050-AF05
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Prerule Stage
3516. WATER QUALITY STANDARDS (Amended); 40 CFR 123.1 (Amended);
FOR INDIAN COUNTRY WATERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131; 40 CFR
121.17 (New); 40 CFR 122.4
40 CFR 131.4 (Amended); 40 CFR
131.40 (New); 40 CFR 230.10
(Amended); 40 CFR 233.1 (Amended);
40 CFR 233.51 (Amended)
Legal Deadline: None
Abstract: EPA is preparing an
advanced notice of proposed
rulemaking (ANPRM) for Federal water
quality standards for waters in Indian
country for signature in November
2003. EPA will publish the ANPRM in
the Federal Register and mail a copy
of it to each State and tribe. The
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73674 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Prerule Stage
ANPRM will be a notice published in
the Federal Register that describes the
situation and requests comment on
specific issues and possible regulatory
text that EPA could use to promulgate
Federal water quality standards for
Indian country waters that do not
currently have water quality standards
in place under the Clean Water Act.
Without applicable standards, the Clean
Water Act's mechanisms for protecting
water quality in Indian country are
limited. The notice will openly and
objectively present options and issues
and will not predetermine any
outcome. The notice will be detailed
enough that all parties can see what
provisions EPA is contemplating and
lead to thorough discussion of issues
involved. The notice will pose specific
questions about the issues such as: (1)
Should EPA promulgate "core"
standards? Individually tailored
standards?; (2) For tribes who wish to
develop their own plan for establishing
standards, which is preferred: an "opt
out" or an "opt in" approach for
Federal standards?; (3) Are there waters
where absence of water quality
standards is preventing a solution to
water quality problems?; and (4) What
are the potential impacts of having and
not having water quality standards in
place in Indian country? A Federal
promulgation would not prevent tribes
from developing and adopting their
own federally approved water quality
standards where possible.
Timetable:
Action
Date
FR Cite
ANPRM
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN 4344.
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202—566—0378
Fax: 202 566—0409
Email: leutner.fred@epamail.epa.gov
Edward Hanlon, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 202—566—0765
Fax: 202 566—0409
Email: hanlon.edward@epamail.epa.gov
RIN: 2040-AD46
3517. NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS FOR
MUNICIPAL WASTEWATER
TREATMENT DURING WET WEATHER
CONDITIONS — PROPOSED POLICY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. EPA
plans to invite comment on a proposed
policy, the proposed policy will
provide a proposed interpretation of
National Pollutant Discharge
Elimination System (NPDES) permit
requirements for peak wet weather
discharges from a publicly owned
treatment works (POTWs) that are
comprised of effluent routed around
biological treatment units and blended
with the effluent from the biological
units (or other advanced treatment
units) prior to discharge, where the
final discharge would meet permit
effluent limitations based upon the
secondary treatment regulations and
any more stringent limitations
necessary to meet water quality
standards. Regulatory agencies,
municipal operators of POTWs, and
representatives of environmental
advocacy groups have expressed
uncertainty about the appropriate
regulatory interpretation for such
situations. EPA's intention would be
that implementation of the proposed
policy would ensure that NPDES
requirements be applied in a
nationally—consistent manner that
improves the capacity, management,
operation and maintenance of POTW
treatment plants and collection
systems.
Timetable:
Action
Date FR Cite
Draft Policy 12/00/03
Final Policy 12/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN 4690.
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202—564—0742
Fax: 202 564—6392
Email: weiss.kevin@epa.gov
Ross Brennan, Environmental
Protection Agency, Water, 4203,
4203M, Washington, DC 20460
Phone: 202—564—0723
Fax: 202 564—6392
Email: brennan.ross@epa.gov
RIN: 2040-AD87
3518. SEWAGE SLUDGE ROUND I
Priority: Info./Admin./Other
Legal Authority: Section 405(d) and (e)
of the Clean Water Act; 33USC 1345(d)
and (e) as amended; 5 USC 610
CFR Citation: 40 CFR 503
Legal Deadline: None
Abstract: On February 19,1993 (58 FR
9248), EPA promulgated standards for
the use or disposal of sewage sludge
for the three major sewage sludge
management practices of land
application, surface disposal, and
incineration. The part 503 standards
impose sewage sludge quality
requirements on sewage sludge
preparers and management practices on
land appliers of sewage sludge. The
standards also have monitoring,
recordkeeping, and reporting
requirements. Small entities are subject
to these standards. Small entities are
defined as wastewater treatment plants
that treat domestic sewage with
wastewater flow capacities of less than
one million gallons per day (MGD),
septage pumpers and haulers, and
sewage sludge preparers and treaters
that process and subsequently
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73675
EPA—Clean Water Act (CWA)
Prerule Stage
use/dispose of less than 290 dry metric
tons of sewage sludge per year. On
August 4, 1999 (64 FR 42551) the Part
503 standards were amended. One of
the amendments allowed the permitting
authority, at their discretion, to reduce
the frequency of monitoring
requirements for all wastewater
treatment plants including small
entities. EPA performed a Regulatory
Flexibility Analysis when the standards
were promulgated in 1993 which
indicated that the rule could have a
significant impact on a substantial
number of small entities. EPA then
used this analysis to develop the rule
in a way that mitigated small entity
impact to the extent possible while still
fulfilling the Clean Water Act's section
405(d) mandate to protect public health
and the environment with an adequate
margin of safety. EPA is now initiating
a review of the rule under section 610
of the Regulatory Flexibility Act to
determine if the rule should be
continued without change, or should be
amended or rescinded, to minimize
adverse economic impacts on small
entities. EPA will consider, and solicits
comments, on the following factors: (1)
The continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates,
or conflicts with other Federal, State,
or local government rules; and (5) the
degree to which technology, economic
conditions, or other factors have
changed in the area affected by the
rule. Comments should be submitted to
the Agency Contact listed below.
Comments must be received 90 days
after this Federal Register notice. This
action is not a rulemaking; it is a
review of an existing rulemaking. Any
new rulemaking activity resulting from
this review will be published as a
notice in future regulatory agendas. In
submitting comments, please reference
Docket ID number OW—2003—0016,
and follow the instructions provided in
Unit H of the preamble to the Spring
Regulatory Agenda.
Timetable:
Action
Final Action 1
Begin Review
End Review
Date FR Cite
02/19/93 58 FR 9248
05/00/03
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4792.
Agency Contact: Alan Rubin,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566—1125
Fax: 202—566—1139
Email: rubin.alan@epa.gov
RIN: 2040-AD96
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3519. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC 1321(d)(2);
"CWA 311(d}(2)"
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart J of the National
Contingency Plan (NCP) (40 CFR part
300.900). Section 31l(d)(2)(G) of the
Clean Water Act requires that EPA
prepare a schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data specified in 40 CFR
300.915 to EPA. This rulemaking will
propose revisions to subpart J to clarify
and change protocols for effectiveness
and toxicity testing. It will clarify EPA
authority to remove products from the
Product Schedule. These changes will
help ensure protection of the
environment when these products are
used to clean up and mitigate oil spills
into or upon navigable waters,
adjoining shorelines, the waters of the
contiguous zone, or which may affect
natural resources belonging to or under
the exclusive management authority of
the United States.
Timetable:
Action
Date
FR Cite
NPRM
04/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN 4526.
Sectors Affected: 54 Professional,
Scientific and Technical Services; 3259
Other Chemical Product Manufacturing;
325 Chemical Manufacturing; 3251
Basic Chemical Manufacturing
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603—9918
Fax: 703 603—9116
Email: nichols.nick@epa.gov
RIN: 2050-AE87
3520. EFFLUENT GUIDELINES
PROGRAM PLAN FOR 2004/2005
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(m)
"CWA"
CFR Citation: 00 CFR None
Legal Deadline: Final, Statutory,
February 4, 2004, Final.
Abstract: EPA publishes an Effluent
Guidelines Program Plan every other
year as required by Section 304(m) of
the Clean Water Act (CWA). The Plan
sets forth EPA's rationale for the
selection of particular industries as
candidates for new or revised effluent
guidelines. EPA's Effluent Guidelines
Program Plan for 2004/2005 will
describe the effluent guidelines
program and the effluent guidelines
underway, as well as identifying
existing guidelines that may be revised
or new guidelines that may be
developed. OW will use the 2004/2005
Plan as a strategic opportunity to help
design the future of the technology—
based pollution control program for
industrial sources of water pollution.
Timetable:
Action
Date
FR Cite
Draft Plan
Final Plan
11/00/03
02/00/04
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73676
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4766.
URL For More Information:
http://www.epa.gov/guide/strategy
URL For Public Comments:
http://www.epa.gov/edocket/ow-2002-
0020
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566—1014
Fax: 202 566—1053
Email: johnston.carey@epa.gov
Tom Wall, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566—1060
Fax: 202 566—1054
Email: wall.tom@epamail.epa.gov
RIN: 2040-AD92
3521. TEST PROCEDURES: NEW AND
UPDATED TEST PROCEDURES FOR
THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h); 33
USC 1361(a); 42 USC 300f; 42 USC
300g—1; 42 USC 300j—4; 42 USC
300J—9(a)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR Part 136 and
the National Primary Drinking Water
Regulations under 40 CFR part 141 to
approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater, ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
(CWA) and Safe Drinking Water Act.
This regulation would propose new
methods for metals such as Method
200.8 (which utilizes ICP/MS), new
methods for chemical pollutants (e.g.,
Method 245.7), updated methods for
chemical pollutants (e.g., Methods
300.1 and 200.7), including methods
from voluntary consensus standards
bodies (VCSBs), and from other
external organizations submitted under
EPA's alternate test procedure program.
The new and updated methods include
methods from organizations such as the
American Society for Testing and
Materials (ASTM), Standard Methods,
and the Association of Official
Analytical Methods—International.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/03
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4540.
This action incorporates the following
analytical methods that had previously
been tracked independently: 1. RIN
2040—AC95, SAN 3155 — Test
Procedures for the Analysis of
Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean
Water Act, Phase One 2. RIN 2040—
ADI 2, SAN 4089 — Test Procedures for
the Analysis of Miscellaneous Metals,
Anions, and Volatile Organics Under
the Clean Water Act, Phase Two, and
3. RIN 2040—AD52, SAN 4377 — Test
Procedures for the Analysis of Mercury
Under the Clean Water Act (Method
245.7).
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.william@epa.gov
Maria Gomez—Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AD71
3522. WATERSHED RULE: TOTAL
MAXIMUM DAILY LOAD (TMDL)
PROGRAM REVISIONS
Regulatory Plan: This entry is Seq. No.
114 in part II of this issue of the
Federal Register.
RIN: 2040-AD82
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3523. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Regulatory Plan: This entry is Seq. No.
129 in part II of this issue of the
Federal Register.
RIN: 2040-AD42
3524. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (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). EPA is
considering the public comments on
the proposed rule and the new data
acquired since proposal. Although this
rulemaking, which EPA refers to Pulp
and Paper Phase III, has been
scheduled for final action in September
2004, EPA will consider as part of its
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Federal Register /Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73677
EPA—Clean Water Act (CWA)
Final Rule Stage
2004 effluent guidelines planning
process under CWA section 304(m)
whether to proceed with the
rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4370.
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566—1021
Fax: 202 566—1053
Email: anderson.donaldf@epa.gov
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202—566—1044
Fax: 202 566—1053
Email: siddiqui.ahmar@epa.gov
RIM: 2040-AD49
3525. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONCENTRATED AQUATIC ANIMAL
PRODUCTION INDUSTRY
Priority: Other Significant
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: 40 CFR 451
Legal Deadline: NPRM, Judicial,
August 14, 2002, NPRM.
Final, Judicial, June 30, 2004, Final.
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 aquatic animal production
facilities, which are part of the
aquaculture industry. This action is a
new effort to develop pollutant controls
in the form of nationally applicable
discharge 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 inconsistent state of
regulatory oversight, EPA will examine
available technologies for the control of
solids which in turn control other
pollutants, primarily nutrients. This
action was formerly titled Aquaculture.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/12/02 67 FR 57871
06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN 4406.
Sectors Affected: 112511 Finfish
Farming and Fish Hatcheries; 112519
Other Animal Aquaculture; 112512
Shellfish Farming; 71213 Zoos and
Botanical Gardens
Agency Contact: Marta Jordan,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566—1049
Fax: 202 566—1053
Email: jordan.marta@epa.gov
Marvin Rubin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566—1050
Fax: 202 566—1053
Email: rubin.marvin@epa.gov
RIN: 2040-AD55
3526. EFFLUENT GUIDELINES AND
STANDARDS FOR THE MEAT AND
POULTRY PRODUCTS POINT
SOURCE CATEGORY (REVISIONS)
Priority: Other Significant
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 432 (Revision)
Legal Deadline: NPRM, Judicial,
January 30, 2002, NPRM.
Final, Judicial, December 31, 2003,
Final.
Abstract: The Agency proposed
revisions to the effluent limitations
guidelines and standards for the Meat
and Poultry Products Point Source
Category in February 2002. The current
regulations, at 40 CFR 432, are more
than 20 years old and establish
limitations and standards for only
conventional pollutants. The current
regulations do not establish national
regulations for ammonia nitrogen
discharges associated with
slaughterhouses/packinghouses
(Subparts A—D). Nutrients like
ammonia may pose a water quality
problem for impaired streams.
Revisions to the current regulations
may also include effluent limitations
for poultry processing, which is not
currently covered by any effluent
guideline.
Timetable:
Action
NPRM
NODA
Final Action
Date
02/25/02
08/13/03
12/00/03
FR Cite
67 FR 8582
68 FR 48471
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 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, 4303T, Washington, DC 20460
Phone: 202—566—1058
Fax: 202 566—1053
Email: lewis.samantha@epa.gov
Marvin Rubin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566—1050
Fax: 202 566—1053
Email: rubin.marvin@epa.gov
RIN: 2040-AD56
3527. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT POINT SOURCE
CATEGORY (REVISION)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1316"CWA";
33 USC 1317"CWA"
CFR Citation: 40 CFR 437
Legal Deadline: None
Abstract: EPA is considering
amendments for certain provisions of
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73678
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
the effluent guidelines for the
Centralized Waste Treatment industry,
which were published on December 22,
2000. The rule would modify the
limitations and standards for some of
the regulated pollutants and would
correct errors in the printed text.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/10/03 68 FR 53432
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN 4776.
Sectors Affected: 562219 Other
Nonhazardous Waste Treatment and
Disposal; 562211 Hazardous Waste
Treatment and Disposal
Agency Contact: Elwood Forsht,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1025
Fax: 202 566—1053
Email: forsht.elwood@epa.gov
RIN: 2040-AD95
3528. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 "CWA
303"
CFR Citation: 40 CFR 131
Legal Deadline: NPRM, Judicial,
October 15, 2002, NPRM.
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 requires the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
states' water quality standards. EPA is
developing a proposed rule to
determine the appropriate use
designations for seven waterbodies in
Alabama that EPA disapproved in 1986
and 1991.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/23/02 67 FR 65256
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4264.
Judicial NPRM: Consent decree
specifies that EPA will sign proposed
Federal replacement standards by
10/31/2002 unless EPA approves State
use designations.
Agency Contact: Fritz Wagner,
Environmental Protection Agency,
Water, Region04, Atlanta, GA 30303
Phone: 404 562—9267
Email: wagner.fritz@epa.gov
Jim Keating, Environmental Protection
Agency, Water, 4305T, Washington, DC
20460
Phone: 202—260—3845
Fax: 202 566—0409
Email: keating.jim@epamail.epa.gov
RIN: 2040-AD35
3529. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
2
Regulatory Plan: This entry is Seq. No.
130 in part II of this issue of the
Federal Register.
RIN: 2040-AD62
3530. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344 "CWA
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
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN 3288.
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502T, Washington, DC 20460
Phone: 202—566—1373
Fax: 202 566—1375
Email: goodin.john@epamail.epa.gov
RIN: 2040-AC14
3531. ROUND 2 STANDARDS FOR
THE USE OR DISPOSAL OF SEWAGE
SLUDGE
Priority: Other Significant
Legal Authority: 33 USC 1345 "CWA
405"; 33 USC 1361(a) "CWA 501(a)"
CFR Citation: 40 CFR 503 (Revisions)
Legal Deadline: NPRM, Judicial,
December 15, 1999, NPRM.
Final, Judicial, October 17, 2003, Final.
Abstract: This rulemaking concerns
dioxin and dioxin—like compounds in
sewage sludge that is applied to the
land. Section 405 of the Clean Water
Act (CWA) requires EPA to promulgate
regulations providing guidelines for the
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73679
EPA—Clean Water Act (CWA)
Final Rule Stage
use and disposal of sewage sludge,
including numeric standards for toxic
pollutants which may adversely affect
human health and the environment and
management practices. EPA
promulgated the first round of
regulations, which set standards for
toxic pollutants in sewage sludge for
which information was available and
management practices for land
application, surface disposal and
incineration of sewage sludge. (58 FR
9248, Feb. 19, 1993). EPA proposed the
second round of regulations, for other
toxic pollutants not regulated in the
first round, of regulations, for other
toxic pollutants not regulated in the
first round, in December 1999 (64 FR
72045, Dec. 23, 1999). The proposed
rule would establish a limit of 300
nanograms of TEQ dioxins per kilogram
of dry sewage sludge for land
application along with monitoring
requirements. The proposal also
proposed to take no regulatory action
with respect to dioxins in sewage
sludge that is disposed of at a surface
disposal site or incinerated in a sewage
sludge incinerator. EPA signed a final
notice of its determination not to
further regulate for dioxins in sewage
sludge that is disposed of at a surface
disposal site or incinerated in a sewage
sludge incinerator, and stated that final
action on the proposal to amend the
land application rule will be published
separately at a later date. (66 FR 66228,
Dec. 21, 2001). On June 12, 2002 at
67 FR 40554, EPA published a notice
of data availability in which EPA
presented the results of a revised risk
assessment and an analytical survey of
dioxins in sewage sludge. The final
action on the land application rule is
subject to a consent decree deadline of
October 17, 2003.
Timetable:
Action
NPRM
Final Determination
NODA
Final Action
Date FR Cite
12/23/99 64 FR 72045
12/21/01 66 FR 66228
06/12/02 67 FR 40554
11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3488.
Agency Contact: Alan Rubin,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566—1125
Fax: 202—566—1139
Email: rubin.alan@epa.gov
Anthony Maciorowski, Environmental
Protection Agency, Water, 4304T,
Washington, DC 20460
Phone: 202—566—1113
Fax: 202 566—1140
Email: maciorowski.anthony@epa.gov
RIN: 2040-AC25
3532. MODIFICATION TO
COMPETITIVE PROCESS USED BY
EPA FOR WETLAND PROGRAM
DEVELOPMENT GRANTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 "CWA
104"
CFR Citation: 40 CFR 35.613; 40 CFR
35.382
Legal Deadline: None
Abstract: EPA is proposing to modify
the requirements for use of competitive
procedures in the award of Wetland
Program Development Grants (WPDG).
The proposed changes for WPDG would
provide the Regions with an option for
allocating WPDG funds to States that
meet criteria established in national
program guidance. The proposed
changes would provide States, tribal,
intertribral, interstate and local
agencies greater flexibility in
developing comprehensive programs.
Timetable:
Action
Date
FR Cite
Final Action 11/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN 4624.
Agency Contact: Connie Cahanap,
Environmental Protection Agency,
Water, 4502T, Washington, DC 20460
Phone: 202 566—1382
Fax: 202 566—1349
Email: cahanap.concepcion@epa.gov
Donna An, Environmental Protection
Agency, Water, 4502T, Washington, DC
20460
Phone: 202—566—1384
Fax: 202 566—1349
Email: an.donna@epamail.epa.gov
RIN: 2040-AD83
3533. • SLUDGE: AGENCY
RESPONSE TO THE NATIONAL
RESEARCH COUNCIL REPORT ON
BIOSOLIDS APPLIED TO LAND AND
THE RESULTS OF EPA'S REVIEW OF
EXISTING SEWAGE SLUDGE
REGULATIONS.
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 33 USC. I345(d)(e)
CFR Citation: 40 CFR 503
Legal Deadline: None
Abstract: The Federal Register notice
will announce the final results of the
review of regulations under the Clean
Water Act (CWA) governing the use
and disposal of sewage sludge pursuant
to section 405(d)(2)(C) of the CWA. The
purpose of the review is to identify
additional toxic pollutants that may
warrant future regulatory action. As
part of this review, EPA commissioned
the National Research Council (NRG) of
the National Academy of Sciences to
independently review the technical
basis of the chemical and pathogen
regulations applicable to sewage sludge
that is applied to land. The NRC study
took place between January 2001 and
June 2002. In July 2002, the NRC
published a report entitled "Biosolids
Applied to Land: Advancing Standards
and Practices" in response to the EPA's
request. The NRC identified a need to
update the scientific basis of part 503
and provided approximately 60
recommendations. The notice will also
announce a final strategy explaining
how EPA plans to respond to the
recommendations in the NRC report
and explains the rationale for the
strategy.
The purpose of the notice is to meet
the requirements of a settlement
agreement. Over the past decade,
citizens and environmental
organizations have raised questions
over the adequacy of the chemical and
pathogen standards for protecting
human health. In a side agreement to
a consent decree modification in
Gearhart v. Whitman, EPA agreed to
sign a notice for publication in the
Federal Register by January 8, 2004, to
announce the final results of the review
under the CWA and the final planned
strategy for responding to the NRC's
recommendations.
The publication of this Federal Register
notice will be an important step in
setting new priorities for the biosolids
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73680
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
program for research and future
program development activities.
Timetable:
Action
Date
FR Cite
Notice of Preliminary 04/08/03 68 FR 17379
Strategy
Final Strategy 01/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4803.
Agency Contact: Robert Cantilli,
Environmental Protection Agency,
Water, EN—336, 4304T, Washington
DC, DC 20460
Phone: 202—564—1091
Fax: 202 566—1140
Email: cantilli,robert@epa.gov
Alan Rubin, Environmental Protection
Agency, Water, 4304T, Washington, DC
20460
Phone: 202 566—1125
Fax: 202—566—1139
Email: rubin.alan@epa.gov
RIN: 2040-AE59
3534. • EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other. Major
status under 5 USC 801 is
undetermined.
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 402; CWA
501
CFR Citation: 40 CFR 401 to 419
Legal Deadline: None
Abstract: Several years ago, the Office
of Water conducted a comprehensive
review of effluent guidelines and
removed from the Code of Federal
Regulations (CFR) provisions contained
in a number of regulations that were
obsolete or redundant (FR 60 33926,
June 29, 1995). In addition to removing
these provisions, EPA's Office of Water
identified additional opportunities for
further streamlining some of the
effluent guidelines.
This action would recodify the effluent
limitations and standards for 12 point
source categories without making any
legally substantive changes in the
requirements. The revised and shorter
format will enable Federal, State and
local regulators and the regulated
community to more easily read,
understand and implement the
regulations. By reducing the number of
pages in Title 40, the new format will
also afford significant long—term
savings in the annual cost of printing
these regulations.
The point source categories which
would be recodified by this action
include: Dairy Products Processing
(part 405), Grain Mills Manufacturing
(part 406), Fruits and Vegetable
Processing (part 407), Canned and
Preserved Seafood (part 408), Sugar
Processing (part 409), Textile Mills
(part 410), Cement Manufacturing (part
411), Electroplating (part 413),
Inorganic Chemicals (part 415), Soaps
and Detergent Manufacturing (part 417),
Fertilizer Manufacturing (part 418), and
Petroleum Refining (part 419). The
revisions would also expand the list of
general definitions in section 401.11.
Timetable:
Action
Date
FR Cite
Direct Final Action
02/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Federalism: Undetermined
Additional Information: SAN 4822.
Agency Contact: Hugh Wise,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 202—566—1031
Fax: 202 566—1053
Email: wise.hugh@epa.gov
RIN: 2040-AE61
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3535. 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 I314(h)
"CWA 304(h)"; 33 USC 1361(a) "CWA
501 (a)"
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
ensure that a particular water body
would 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. EPA is pursuing
approval of new test procedures.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 3702.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1061
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73681
EPA—Clean Water Act (CWA)
Long-Term Actions
Fax: 202 566—1053
Email: telliard.william@epa.gov
Maria Gomez—Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AC75
3536. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I314(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:
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3714.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.william@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202—566—1045
Fax: 202 566—1053
Email: kelly.marion@epa.gov
RIN: 2040-AC92
3537. TEST PROCEDURES:
PERFORMANCE—BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I314(h]
"CWA 304(h)"; 33 USC 1361(a) "CWA
501(a)"
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
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
Action
Date
FR Cite
03/28/97 62 FR 14975
To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3713.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.william@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202—566—1045
Fax: 202 566—1053
Email: kelly.marion@epa.gov
RIN: 2040-AC93
3538. TEST PROCEDURES FOR THE
ANALYSIS OF CO—PLANAR AND
MONO—ORTHO—SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(h); 33
USC I36l(a)
CFR Citation: 40 CFR 136; 40 CFR 503
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
ensure that a particular water body
would meet the State's designated
water quality standard. At present there
is no EPA analytical method for
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73682 Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
determination of these PCBs at the
levels of concern. Therefore, approval
of a new EPA test procedure is
necessary.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4049.
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.william@epa.gov
Maria Gomez—Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AD09
3539. TEST PROCEDURES:
REVISIONS TO METHOD DETECTION
AND QUANTIFICATION FOR THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 13l4(h); 33
USC 1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: NPRM, Judicial,
February 28, 2003, NPRM.
Final, Judicial, November 1, 2004,
Final.
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136
related to the detection and
quantification procedures currently
used by EPA for analytes regulated in
the wastewater program as authorized
under the Clean Water Act [CWA). The
current method detection limit (MDL)
procedure is set forth at 40 CFR part
136, appendix B. EPA has not
promulgated a generic procedure for
quantification but it uses the minimum
level of quantitation (ML) in its
wastewater program. The ML is defined
in analytical methods and is generally
set at 3.18 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 reevaluate
the current MDL and quantification
approaches and assess alternative
approaches.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/12/03 68 FR 11791
11/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4378.
Agency Contact: Cindy Simbanin,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566—1073
Fax: 202 566—1053
Email: simbanin.cynthia@epa.gov
Maria Gomez—Taylor, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AD53
3540. 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, Final.
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
01/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN 4357.
Agency Contact: Gregory Stapleton,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1028
Fax: 202 566—1053
Email: stapleton.gregory@epa.gov
Steven Giordano, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566—1272
Fax: 202 566—1546
Email: giordano.steven@epa.gov
RIN: 2040-AD39
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73683
EPA—Clean Water Act (CWA)
Long-Term Actions
3541. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 "CWA
301"; 33 USC 1316 "CWA 306"; 33
USC 1326 "CWA 316"; 33 USC 1361
"CWA 501"
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial,
November 1, 2004, NPRM.
Final, Judicial, June 1, 2006, Final.
Abstract: This rulemaking affects, at a
minimum, existing facilities that use
cooling water intake structures, and
whose intake flow levels exceed a
minimum threshold EPA will
determine during this rulemaking. The
affected facilities include at a
minimum: (1) Electricity generating
facilities not covered by Phase 2
regulations; (2) pulp and paper
manufacturing facilities; (3) chemicals
and allied products manufacturing
facilities; (4) petroleum and coal
products manufacturing facilities; (5)
primary metals manufacturing facilities;
and (6) oil and gas extraction facilities.
Section 316(b) of the Clean Water Act
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 for minimizing adverse
environmental impact. A primary
purpose of this action is to minimize
the impingement and entrainment of
fish and other aquatic organisms by
cooling water intake structures.
Impingement refers to trapping fish and
other aquatic life against cooling water
intake structures. Entrainment occurs
when aquatic organisms, eggs and
larvae are drawn into a cooling system
and then pumped back out with
significant injury or mortality to the
entrained organisms.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/04
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4543.
Split from RIN 2040—AC34.
Sectors Affected: 312 Beverage and
Tobacco Product Manufacturing; 325
Chemical Manufacturing; 61131
Colleges, Universities and Professional
Schools; 334 Computer and Electronic
Product Manufacturing; 211111 Crude
Petroleum and Natural Gas Extraction;
22111 Electric Power Generation; 335
Electrical Equipment, Appliance and
Component Manufacturing; 332
Fabricated Metal Product
Manufacturing; 311 Food
Manufacturing; 333 Machinery
Manufacturing; 21 Mining; 211112
Natural Gas Liquid Extraction; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing;
22133 Steam and Air-Conditioning
Supply; 313 Textile Mills; 336
Transportation Equipment
Manufacturing; 321 Wood Product
Manufacturing
Agency Contact: John Fox,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202—566—1040
Fax: 202 566—1053
Email: fox.john@epa.gov
Martha Segall, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202—566—1041
Fax: 202 566—1053
Email: segall.martha@epa.gov
RIN: 2040-AD70
3542. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Legal Authority: 33 USC 1314 "CWA
304"; 33 USC 1317 "CWA 307"; 33
USC 1342 "CWA 402"; 33 USC 1361
"CWA 501"
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The final rule will be
promulgated as a program streamlining
activity. The rule will revise certain
provisions in the General Pretreatment
Regulations (40 CFR Part 403) that
address restrictions on and oversight of
industrial discharges into Publicly
Owned Treatment Works (POTWs). The
final rule would include exclusions or
variable requirements for smaller
facilities that contribute insignificant
amounts of pollutants, clarify
requirements for implementing
Pretreatment Standards, and provide
more flexible reporting, inspection and
sampling requirements. The revisions
should provide greater flexibility,
reduce burden, and achieve improved
environmental results at less cost for
regulatory authorities and the regulated
community.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/22/99 64 FR 39564
10/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3663.
Agency Contact: Greg Schaner,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202—564—0721
Fax: 202 564—6431
Email: schaner.greg@epa.gov
Jan Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202—564—7904
Fax: 202 564—6431
Email: pickrel.jan@epa.gov
RIN: 2040-AC58
3543. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 "CWA
301"; 33 USC 1312 "CWA 302"; 33
USC 1314 "CWA 304"; 33 USC 1316
"CWA 306"; 33 USC 1318 "CWA 308";
33 USC 1342 "CWA 402"; 33 USC 1361
"CWA 501"
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73684
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans to issue a
rulemaking package 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
11/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 3786.
Agency Contact: Howard Rubin,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564—2051
Fax: 202 564—9544
Email: rubin.howarde@epa.gov
Robert Wood, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202—564—9536
Fax: 202 564—9544
Email: wood.robert@epa.gov
RIN: 2040-AC84
3544. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Legal Authority: 33 USC 1311"CWA
301"; 33 USC 1314"CWA 304"; 33 USC
1318"CWA 308"; 33 USC 1342"CWA
402"; 33 USC 1361"CWA 501(a)"
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering
developing a notice of proposed
rulemaking that would propose a
broad—based regulatory framework for
sanitary sewer collection systems under
the NPDES program. The Agency is
considering proposing standard permit
conditions for inclusion in permits for
publicly owned treatment works
(POTWs) and municipal sanitary sewer
collection systems. The standard
requirements would address reporting,
public notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
EPA is also considering clarifying
NPDES requirements, including
secondary treatment requirements, for
discharges from peak excess flow
treatment facilities.
Timetable:
Action
Date
FR Cite
NPRM 10/00/04
Final Action 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 3999.
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202—564—0742
Fax: 202 564—6392
Email: weiss.kevin@epa.gov
Kevin DeBell, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202—564—0040
Fax: 202 564—6392
Email: debell.kevin@epa.gov
RIN: 2040-AD02
3545. CLEAN WATER STATE
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1383(h)
CFR Citation: 40 CFR 35.3125(b)(l)
Legal Deadline: None
Abstract: This regulation will revise
the Clean Water State Revolving Fund
(CWSRF) Regulations to allow the use
of loans from the non—Federal and
non—State match share of CWSRF
funds as a match for infrastructure
grants. In 1990, EPA issued regulations
implementing the CWSRF program,
established as Title VI of the Clean
Water Act (CWA) in 1987. Section
603(h) of the CWA prohibits use of the
CWSRF loan as matching funds with
respect to the non—Federal share of the
cost of a treatment works project for
which a municipality or agency is
receiving assistance from the
Administrator under any other
authority. In issuing its regulations at
40 CFR 35.3125(b)(l), EPA interpreted
this prohibition broadly, applying the
restriction to all treatment works
construction. At that time, EPA
believed the replacement of the
construction grants program authorized
by Title II of the CWA by the CWSRF
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73685
EPA—Clean Water Act (CWA)
Long-Term Actions
would result in a significant decrease
in the use of other Federal grant funds
for treatment works construction.
However, from FY 1995 onward,
Congress has authorized and
appropriated funds for infrastructure
construction grants in various
Appropriations Acts. There are
currently over 1500 projects totaling
over $4.1 billion dollars. In several
cases, EPA has been asked to allow
CWSRF funds to be used as a match
for these grants; but 40 CFR
35.3125{b)(l) prohibits such action.
Upon reconsideration, EPA has decided
its initial reading in 1990 was too
broad, and the intent of Congress was
only to prohibit use of CWSRF loans
as a match for Title II construction
grants. This action will revise the
regulations to allow a State, in its
operation of the CWSRF, to permit a
CWSRF loan for non—Title II
infrastructure construction grant
projects to be used as a non—federal
match in certain circumstances. The
prohibition on the use of CWSRF as
a match for a Title II construction grant
will continue.
Timetable:
Action
Date
FR Cite
Direct Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4493.
Agency Contact: Gary Hudiburgh,
Environmental Protection Agency,
Water, EN—336, 4204M, Washington,
DC 20460
Phone: 202—564—0626
Email: hudiburgh.gary@epa.gov
RIN: 2040-AD68
3546. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Substantive, Nonsignificant
Legal Authority: PL 106—554, sec
1404—1407
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577)
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop those standards based on the
best available scientific information on
the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
will reduce the environmental impacts
of cruise ships operating in the waters
of Alaska, the Alexander Archipelago,
and the Kachemak Bay National Marine
Estuarine Research Reserve.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/05
11/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN 4746.
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202—566—1270
Fax: 202 566—1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566—1264
Fax: 202 566—1546
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3547. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 438
Completed:
Reason
Date
FR Cite
Final Action 05/13/03 68 FR 25686
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Carey Johnston
Phone: 202 566—1014
Fax: 202 566—1053
Email: johnston.carey@epa.gov
Shari Barash
Phone: 202—566—0996
Fax: 202 566—1053
Email: barash.shari@epamail.epa.gov
RIN: 2040-AB79
3548. EFFLUENT GUIDELINES AND
STANDARDS FOR PHARMACEUTICAL
MANUFACTURING: AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 439
Completed:
Reason
Date
FR Cite
Withdrawn
06/11/03 68 FR 34831
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Marvin Rubin
Phone: 202 566—1050
Fax: 202 566—1053
Email: rubin.marvin@epa.gov
RIN: 2040-AD97
3549. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
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73686
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Clean Water Act (CWA)
Completed Actions
Completed:
Reason
Withdrawn
Date FR Cite
09/26/03
Completed:
Reason
Withdrawn
Date FR Cite
09/26/03
Completed:
Reason
Final Action
Date FR Cite
06/19/03 68 FR 36749
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William Telliard
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.william@epa.gov
Maria Gomez—Taylor
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AC95
3550. TEST PROCEDURES FOR THE
ANALYSIS OF BIOLOGICAL
CONTAMINANTS UNDER THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
Final Action 07/21/03 68 FR 43272
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Robin Oshiro
Phone: 202 566—1075
Fax: 202 566—1053
Email: oshiro.robin@epa.gov
Maria Gomez—Taylor
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AD08
3551. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William Telliard
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.willjam@epa.gov
Maria Gomez—Taylor
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AD12
3552. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (METHOD 245.7)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136.3
Completed:
Reason
Date
FR Cite
Withdrawn 09/26/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William Telliard
Phone: 202—566—1061
Fax: 202 566—1053
Email: telliard.william@epa.gov
Maria Gomez—Taylor
Phone: 202 566—1005
Fax: 202 566—1053
Email: gomez—taylor.maria@epa.gov
RIN: 2040-AD52
3553. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACTS FROM
COOLING WATER INTAKE
STRUCTURES UNDER SECTION
316(B) OF THE CLEAN WATER ACT —
PHASE I REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 125 subpart I
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Martha Segall
Phone: 202—566—1041
Fax: 202 566—1053
Email: segall.martha@epa.gov
Tom Wall
Phone: 202 566—1060
Fax: 202 566—1054
Email: wall.tom@epamail.epa.gov
RIN: 2040-AD85
3554. CLEAN WATER ACT DEFINITION
OF WATERS OF THE UNITED STATES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
CFR Citation: 33 CFR 328.3(a); 40 CFR
110.1; 40 CFR 112.2; 40 CFR 116.3; 40
CFR 117.1; 40 CFR 122.2; 40 CFR
230.3(s); 40 CFR 232.2; 40 CFR 257.3—
l[d); 40 CFR 300 app E; 40 CFR
401.11(1)
Completed:
Reason
Date
FR Cite
Withdrawn
11/05/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Donna Downing
Phone: 202—566—1367
Fax: 202 566—1375
Email:
downing.donna@epamail.epa.gov
John Lishman
Phone: 202—566—1364
Fax: 202 566—1375
Email: lishman.john@epamail.epa.gov
RIN: 2040-AB74
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda 73687
Environmental Protection Agency (EPA) Proposed Rule Stage
Safe Drinking Water Act (SDWA)
3555. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority. Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone—
Poulenc, the Agency issued an
administrative stay of the effective date.
EPA will reexamine risk assessment
and occurrence data on aldicarb and
make a determination of what further
action is appropriate.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/04
08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN 3238.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202—564—5239
Fax: 202 564—3760
Email: olson.daniel@epa.gov
RIN: 2040-AC13
3556. UNREGULATED CONTAMINANT
MONITORING REGULATION FOR
PUBLIC WATER SYSTEMS REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141.40
Legal Deadline: Other, Statutory,
August 6, 2004, Other.
Abstract: The 1996 amendments to the
Safe Drinking Water Act require the
Agency to publish, every 5 years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this proposed action is to
meet that requirement by revising the
National Primary Drinking Water
Regulations for the UCMR to: provide
minor modifications to the current
UCMR program to improve its
implementation; to revise the lists of
analytes to permit a second round of
monitoring; and to approve the
analytical methods needed to perform
this monitoring.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/04
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN 4770.
Agency Contact: David Munch,
Environmental Protection Agency,
Water, MS140, MS 140, Cincinnati, OH
45268
Phone: 513 569—7843
Fax: 513 569—7191
Email: munch.dave@epa.gov
Daniel Hautman, Environmental
Protection Agency, Water, MS140, MS
140, Cincinnati, OH 45268
Phone: 513 569—7274
Fax: 513 569—7191
Email: hautman.dan@epa.gov
RIN: 2040-AD93
3557. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
MINOR CORRECTIONS AND
CLARIFICATION TO DRINKING
WATER REGULATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 140 and 141
Legal Deadline: None
Abstract: This rule is intended to make
minor changes to clarify and correct
Drinking Water regulations.
Typographical errors and inadvertent
omissions will be corrected in the final
Long Term 1 Enhanced Surface Water
Treatment Final Rule. Additional
technical corrections for other drinking
water regulations may be added during
the rule development process.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/03
01/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4795.
Agency Contact: Tracy Bone,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202—564—5257
Fax: 202 564—3767
Email: bone.tracy@epamail.epa.gov
RIN: 2040-AE58
3558. DRINKING WATER
CONTAMINANT CANDIDATE LIST 2
Priority: Routine and Frequent
Legal Authority: 42 USC 300f et seq;
SDWAl412(b)(l)(B)
CFR Citation: None
Legal Deadline: Final, Statutory,
February 6, 2003, Final.
Abstract: This action is to develop the
Second Drinking Water Contaminant
Candidate List (CCL2). To meet the Safe
Drinking Water Act (SDWA)
requirements under section
1412(b)(l)(B)(i), as amended in 1996,
EPA will publish a list of contaminants
that are known or anticipated to occur
in public water systems which may
require regulation under the SDWA. In
developing this list of contaminants,
that are not currently subject to any
proposed or promulgated NPDWRs,
EPA must consult with the SAB,
provide an opportunity for public
comments, consider the National
Contaminant Occurrence Database
(developed under SDWA section
1445(g)), consider contaminants
referred to in section 101(4) of
CERCLA, and substances registered as
pesticides under FIFRA. Similar to
CCLl, the CCL2 will be based on
readily available occurrence and health
effects information and evaluated by
EPA. SDWA required the first CCL to
be published 18 months after the date
of enactment (2/98), and a new CCL
every 5 years thereafter. The methods
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73688
Federal Register / Vol. 68, No. 245/Monday, December 22, 2003 / Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
used to develop the CCL are described
in the Federal Register (62 FR 52193).
To respond to comments received on
the draft drinking water CCL, the
Agency requested assistance from the
National Research Council (NRC) for
guidance on methods and processes to
identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for the
future CCLs. The details of the NRC
recommendation are available in the
report entitled "Classifying Drinking
Water Contaminants for Regulatory
Considerations." The NRC
recommendations are being evaluated
by a National Drinking Water Advisory
Council Work Group and the results of
this parallel effort will be used for
future CCLs.
Timetable:
Action
Date
FR Cite
11/00/03
To Be Determined
Preliminary Notice
Announcement
Final Notice
Announcement of
CCL
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4703
Agency Contact: Thomas Carpenter,
Environmental Protection Agency, Air
and Radiation, 4607M, Washington, DC
20460
Phone: 202 564—4885
Fax: 202 564—3760
Email: carpenter.thomas@epa.gov
Dr. Jitendra Saxena, Environmental
Protection Agency, Air and Radiation,
4607M, Washington, DC 20460
Phone: 202 564—5243
Fax: 202 564—3760
Email: saxena.jitendra@epa.gov
RIN: 2060-AD86
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3559. NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
GROUNDWATER RULE
Regulatory Plan: This entry is Seq. No.
126 in part II of this issue of the
Federal Register.
RIN: 2040-AA97
3560. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Regulatory Plan: This entry is Seq. No.
127 in part II of this issue of the
Federal Register.
RIN: 2040-AD37
3561. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Regulatory Plan: This entry is Seq. No.
128 in part II of this issue of the
Federal Register.
RIN: 2040-AD38
3562. NATIONAL PRIMARY AND
SECONDARY DRINKING WATER
REGULATIONS: APPROVAL OF
ADDITIONAL METHOD FOR THE
DETECTION OF COLIFORMS AND E.
COLI. IN DRINKING WATER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f; 42 USC
300gl—6; 42 USC 300J—9
CFR Citation: 40 CFR 141.21
Legal Deadline: None
Abstract: The Office of Water will
revise the National Primary and
Secondary Drinking Water Regulations
to approve the Colitag Method for the
detection of coliforms and E, Coli. in
finished drinking water. This
promulgation adds an additional
analytical method to Part 141 to
monitor for total coliforms and E. Coli
in finished drinking water, for which
other methods have been approved
previously. It does not withdraw any
currently approved methods, nor does
it add nor alter any current monitoring
requirement. This rule provides the
ability to use an additional
standardized method, offering water
systems and their laboratories further
operational flexibility. On March 7,
2002, EPA published "Unregulated
Contaminant Monitoring Regulation:
Approval of Analytical Method for
Aeromonas; National Primary and
Secondary Drinking Water Regulations:
Approval of Analytical Methods for
Chemical and Microbiological
Contaminants; Proposed Rule." In this
proposed rule, EPA sought comments
on the proposed promulgation of
multiple industry—developed methods,
one of which was the Colitag method,
a "Test for Detection and Identification
of Coliforms and E. coli Bacteria in
Drinking Water and Source Water as
Required in National Primary Drinking
Water Regulations." This method was
proposed for the analysis of total
coliforms and E. coli in finished
drinking water samples. EPA has since
received additional information from
CPI International, developers of Colitag,
relevant to the performance of the
method. Such information included
additional data as well as a re—
evaluation of previously reported data
included in the public record that
supported the proposed approval of
Colitag. On December 2, 2002 EPA
invited public comments on this
additional information in "Notice of
Data Availability; National Primary and
Secondary Drinking Water Regulations:
Approval of Analytical Methods for
Chemical and Microbiological
Contaminants; Additional Information
on the Colitag Method." Based on the
evaluation of this additional
information and review of public
comments, the Agency now plans to
promulgate the Colitag Method.
Timetable:
Action
NPRM
NODA
Final Action
Date FR Cite
03/07/02 67 FR 10532
12/02/02 67 FR 7 1520
1 1/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN 4769.
Agency Contact: Herbert Brass,
Environmental Protection Agency,
Water, MS140, MS 140, Cincinnati, OH
45268
Phone: 513 569—7936
Fax: 513 569—7191
Email: brass.herb@epa.gov
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73689
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
James Sinclair, Environmental
Protection Agency, Water, MS140, MS
140, Cincinnati, OH 45268
Phone: 513—569—7970
Fax: 513 569—7191
Email: sinclair.james@epamail.epa.gov
RIN: 2040-AD90
3563. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
ANALYTICAL METHOD FOR URANIUM
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Safe Drinking Water
Act, sec. 1412; 42 USC 300f; 42 USC
300g—1; 42 USC 300j—4; 42 USC
300J—9
CFR Citation: 40 CFR 141.25
Legal Deadline: None
Abstract: EPA plans to promulgate a
method for compliance monitoring of
uranium that uses an inductively
coupled plasma mass spectrometry
(ICP—MS) technology. This technology
has gained wide acceptance over the
past decade, and should reduce costs
for analyzing for uranium and provide
a greater level of accuracy. States,
laboratories and water systems have
asked the Agency to approve this
analytical method.
Timetable:
Action
Date FR Cite
Direct Final Action
03/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN 4826.
Agency Contact: Lisa Christ,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave. NW.,
Washington DC, DC 20460
Phone: 202 564—8354
Email: christ.lisa@epa.gov
RIN: 2040-AE62
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3564. 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 300f et
seq"SDWA1412"
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6, 1999, Other.
NPRM, Statutory, August 6, 1999,
NPRM.
Final, Statutory, November 2, 2000,
Final.
Abstract: EPA proposed regulations for
radon in drinking water which provide
flexibility in how to manage the health
risks from radon, in both drinking
water and in indoor air. States and
systems 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. The proposal was
based on the unique framework in the
1996 Safe Drinking Water Act (SDWA).
The proposed regulation would provide
two options to states and water systems
for reducing public health risks from
radon. Under the first option, states
may choose to develop enhanced state
programs to address the health risks
from indoor radon while water systems
reduce radon levels in drinking water
to at or below the higher, alternative
maximum contaminant level MCL
proposed at 4,000 pCi/L (picoCuries per
liter, a standard unit of radiation). 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.
Timetable:
Action
Date FR Cite
ANPRM
NPRM Original
Notice 99
NPRM
Final Action
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59245
12/00/04
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN 2281.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Becky Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564—4689
Fax: 202 564—3760
Email: allen.rebeccak@epa.gov
Dick Reding, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564—4656
Fax: 202 564—3760
Email: reding.richard@epa.gov
RIN: 2040-AA94
3565. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is a fuel additive used
primarily to increase the oxygen
content in gasoline. It has been used
in increasing quantity in the 1990s to
meet the requirements of the Federal
Reformulated Gasoline (FRG) and
Oxyfuels programs required by the
Clean Air Act Amendments of 1990.
Although the use of MTBE in gasoline
has helped to reduce harmful air
emissions, it is being detected in
ground water and surface water
throughout the country. In some
instances the affected waters are
drinking water sources. At relatively
low levels, MTBE's taste and odor can
make drinking water supplies
unacceptable to consumers. In this
action, EPA is proposing a secondary
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73690
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
standard for MTBE, which would
provide guidance for taste and odor
acceptability and to protect the public
welfare.
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 4404.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202—564—4699
Fax: 202 564—3760
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3566. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND ADDITIONAL
DISTRIBUTION SYSTEM
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA has determined the need
to revise the Total Coliform Rule (TCR),
as published in the July 18, 2003
Federal Register (68FR42907). EPA
intends revisions to the TCR to
maintain or provide for greater human
health protection than under the
existing TCR. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6—year review process,
"initiate a process for addressing
cross—connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks."The TCR, promulgated in
1989, protects human health by
requiring microbial monitoring in
drinking water distribution systems.
The TCR does not include distribution
system corrective or protective
requirements to reduce contamination
from coliforms and other contaminants.
EPA has gained a better understanding
of distribution system impacts on
human health and, therefore, intends to
strenghten the TCR by adding
distribution system requirements.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM
Final Action
06/00/06
06/00/08
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN 4775.
Agency Contact: Ken Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564—5280
Fax: 202 564—3767
Email: rotert.kenneth@epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202—564—5250
Fax: 202 564—3767
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AD94
3567. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g—l(b)
CFR Citation: 00 CFR None
Legal Deadline: Other, Statutory,
February 6, 2008, Other.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list of contaminants
that are known or anticipated to occur
in public water systems, and which
may require regulation under the
SDWA every five years. The purpose
of this action is to prepare and publish
the third Contaminant Candidate List
(CCL). In preparing the third list, EPA
will evaluate the classification
approach recommended by the National
Academy of Sciences' National
Research Council (NRC) and, if
possible, use the NRC approach to
identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for future
CCLs.
Preliminary Notice 02/00/07
Final Notice 02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4745.
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202—564—4885
Fax: 202 564—4885
Email:
carpenter.thomas@epamail.epa.gov
Yvette Selby, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202—564—5245
Fax: 202 564—3760
Email: selby.yvette@epamail.epa.gov
RIN: 2040-AD99
3568. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h—
1"SDWA 1422"; 42 USC 300h—
4"SDWA 1425"
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason, more importantly, is to allow
EPA to incorporate by reference into
the Code of Federal Regulations the
State program authorities. Current
citations to State regulations in 40 CFR
part 147 are out of date for many
States. This update is necessary to
ensure that the CFR accurately reflects
current approved State UIC programs
and that elements of those programs are
federally enforceable if necessary. EPA
Regional Offices will be submitting
State revision packages as they are
completed. Part 147 will then be
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Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
73691
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs,
Timetable:
Action
Date
FR Cite
Direct Final Rule
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN 4236.
Agency Contact: Mario Salazar,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202—564—3894
Fax: 202 564—3756
Email: salazar.mario@epamail.epa.gov
Bruce Kobelski, Environmental
Protection Agency, Water, 4606M,
Washington, DC 20460
Phone: 202—564—3888
Fax: 202 564—3756
Email: kobelski.bruce@epamail.epa.gov
RIN: 2040-AD40
3569. • DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 U.S.C. 300g—l(b)
CFR Citation: 00 CFR None
Legal Deadline: Other, Statutory,
August 6, 2006, Other.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
require EPA to publish a list of non—
regulated contaminants every five
years, which may warrant regulation
due to their health effects and their
potential for occurrence in public water
systems (PWSs). The first Contaminant
Candidate List (CCL), was published in
the Federal Register on March 2, 1998
(63 FR 10247). The second CCL should
be published in 2003. In addition to
publishing the drinking water CCL, the
SDWA also requires the Agency to
select five or more contaminants from
the second CCL and determine, by
August 2006, whether to regulate these
contaminants with a National Primary
Drinking Water Regulation (NPDWR).
In order to make a determination of
whether or not to develop an NPDWR
for a contaminant, the SDWA requires
three statutory tests be met: 1) the
contaminant may have an adverse effect
on the health of persons; 2) the
contaminant is known to occur or there
is a substantial likelihood that the
contaminant will occur in public water
systems with a frequency and at levels
of public health concern; and 3) in the
sole judgment of the Administrator,
regulation of the contaminant presents
a meaningful opportunity for health
risk reduction for persons served by
public water systems. Using these three
statutory tests to make regulatory
decisions, there are three possible
outcomes: 1) regulate the contaminant
with an NPDWR; 2) develop guidance
(e.g., Health or Consumer Advisory]; or
3) determine no action is necessary.
Timetable:
Action
Date FR Cite
Preliminary Notice
Final Notice
08/00/05
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 4821.
Agency Contact: Judy Lebowich,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202—564—4884
Fax: 202 564—3760
Email: lebowich.judy@epa.gov
Thomas Carpenter, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202—564—4885
Fax: 202 564—4885
Email:
carpenter.thomas@epamail.epa.gov
RIN: 2040-AE60
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3570. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Final Notice 07/18/03 68 FR 42897
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Karen Wirth
Phone: 202—564—5246
Fax: 202 564—3760
Email: wirth.karen@epamail.epa.gov
Tom Carpenter
Phone: 215—814—5367
Fax: 202 564—3760
Email: carpenter.tom@epamail.epa.gov
RIN: 2040-AD61
3571. 6—YEAR REVIEW OF EXISTING
NATIONAL PRIMARY DRINKING
WATER REGULATIONS
Priority: Other Significant
CFR Citation: 00 CFR None
Completed:
Reason
Date
FR Cite
Final Notice
07/18/03 68 FR 42908
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Judy Lebowich
Phone: 202—564—4884
Fax: 202 564—3760
Email: lebowich.judy@epa.gov
Wynne Miller
Phone: 202—564—4887
Fax: 202 564—3760
-------
73692
Federal Register/Vol. 68, No. 245/Monday, December 22, 2003/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Completed Actions
Email: miller.wynne@epamail.epa.gov
RIN: 2040-AD67
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3572. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 "Shore
Protection Act of 1988"; PL 100—688
"4103(b)"
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. Coastal Waters. This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. In regards to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local
Additional Information: SAN 2820.
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566—1272
Fax: 202 566—1546
Email: giordano.steven@epa.gov
James Woodley, Environmental
Protection Agency, Water, 4504T,
4504T, Washington, DC 20460
Phone: 202—566—1288
Fax: 202 566—1546
Email: woodley.james@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. 03-28903 Filed 12-19-03; 8:45 am)
BILLING CODE 6560-50-S
-------
-------
Section 610 Review Index
A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610 REVIEW
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the
periodic review of its rules that have a significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to
review in the next year. Some agencies use the Unified Agenda to fulfill this requirement. Those agencies
indicate such entries by appending "(Section 610 Review)" to the titles. Some agencies have also
indicated completions of section 610 reviews or rulemaking actions resulting from completed section 610
reviews.
The following index lists the regulatory actions for which agencies included this designation. The
Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition. For further
information, see the Regulatory Information Service Center's Introduction in part II of this issue.
Title
3183 NESHAP: Perchlorethylene Dry Cleaning Facilities (Section 610 Review) *
3397 Standards for Reformulated and Conventional Gasoline (Section 610 Review) (Completion of a
Section 610 Review)
3398 Inspection/Maintenance Program Requirements (Completion of a Section 610 Review)
3409 Pesticide Worker Protection Rule (Section 610 Review) (Section 610 Review)
3429 Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facilities
(Section 610 Review) (Section 610 Review)
3518 Sewage Sludge Round I (Section 610 Review)
* This review was announced in the Spring 2003 Agenda. The Fall 2003 Agenda entry should have been
labelled (Completion of a Section 610 Review)
-------
Reg Flex Analysis Index
B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
those rules that may have a significant economic impact on a substantial number of small entities.
Agencies meet that requirement by including the information in their submissions for the Unified Agenda.
The following index lists the regulatory actions for which EPA believes that the Act may require a
Regulatory Flexibility Analysis because the rule is likely to have such effects on small businesses, small
governmental jurisdictions, or small organizations. The Sequence Number (Seq. No.) of the entry
identifies the location of the entry in this edition. For further information, see the Regulatory Information
Service Center's Introduction in part II of this issue.
Businesses
Seq. No.
Title
105 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling
120 Control of Emissions of Air Pollution From Nonroad Diesel Engines and Fuel
126 National Primary Drinking Water Regulations: Groundwater Rule
129 Effluent Guidelines and Standards for the Construction and Development Industry
3289 Control of Emissions from Highway Motorcycles
3325 Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States
3367 NESHAP: Reinforced Plastic Composites Production
3564 National Primary Drinking Water Regulations: Radon
3566 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and
Analytical Requirements and Additional Distribution System Requirements
-------
C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A REGULATORY FLEXIBILITY
ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying those
rules that may have a significant economic impact on a substantial number of small entities. Agencies meet that
requirement by including the information in their submissions for the Unified Agenda. Some agencies have
chosen to identify additional regulatory actions that may have some impact on small entities even though a
Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions for which some impact on small entities is likely even though a
Regulatory Flexibility Analysis may not be required. The Sequence Number (Seq. No.) of the entry identifies the
location of the entry in this edition.
Businesses
Seq. No. Title
102 Electric Utility Steam
Generating Unit MACT
Regulation
108 Endocrine Disrupter
Screening Program;
Implementing the Screening
and Testing Phase
115 NESHAP: Plywood and
Composite Wood Products
116 NESHAP: Reciprocating
Internal Combustion Engine
117 NESHAP: Industrial,
Commercial, and Institutional
Boilers and Process Heaters
127 National Primary Drinking
Water Regulations: Long Term
2 Enhanced Surface Water
Treatment Rule
128 National Primary Drinking
Water Regulations: Stage 2
Disinfection Byproducts Rule
130 Minimizing Adverse
Environmental Impact From
Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 2
3156 Persistent,
Bioaccumulative, and Toxic
(PBT) Pollutants Strategy
3157 Utilization of Small,
Minority and Women's
Business Enterprises in
Procurement Under Assistance
Agreements
3176 Public Information and
Confidentiality Regulations
3184 Protection of
Stratospheric Ozone:
Supplemental Rule Regarding
a Recycling Standard Under
Section 608
3191 Review of New Sources
and Modifications in Indian
Country
3198 Portland Cement
Manufacturing Industry
NESHAP: Amendment To
Implement Court Remand
3200 NESHAP: Ethylene Oxide
for Sterilization Facilities--
Residual Risk Standards
3202 NESHAP: Solvent
Extraction for Vegetable Oil:
Amendments
3204 National VOC Emission
Standards for Consumer
Products; Proposed
Amendments
3207 Control of Methyl Tertiary
Butyl Ether (MTBE)
3208 Operating Permits:
Revisions (Part 70)
3211 Protection of
Stratospheric Ozone:
Reconsideration of Section 608
Sales Restriction
3212 Federal Implementation
Plan (FIP) for the
Billings/Laurel, Montana, Sulfur
Dioxide (SO2) Area
3213 Inspection/Maintenance
Recall Requirements
3232 Protection of
Stratospheric Ozone;
Allowance System for
Controlling HCFC Production,
Import and Export; Correction
3242 Motor Vehicle and Engine
Compliance Program Fees for:
Light-Duty Vehicles and
Trucks; Heavy-Duty Vehicles
and Engines; Nonroad
Engines; and Motorcycles
3244 NESHAP: Combustion
Turbine
3245 NESHAP: Iron and Steel
Foundries
3246 National Emission
Standards for Hazardous Air
Pollutants: Miscellaneous
Organic Chemical
Manufacturing
3249 National Emission
Standards for Hazardous Air
Pollutants: Miscellaneous
Coating Manufacturing
3255 NSPS: SOCMI-
Wastewater and Amendment to
Appendix C of Part 63 and
Appendix J of Part 60
3263 NESHAP: Miscellaneous
Metal Parts and Products
(Surface Coating)
3264 Plastic Parts and
Products (Surface Coating)
NESHAP
3265 NESHAP: Lime
Manufacturing
3266 NESHAP: Surface
Coating of Metal Cans
3270 NESHAP: Organic
Liquids Distribution (Non-
Gasoline)
3271 NESHAP: Chromium
-------
Electroplating Amendment
3274 Clarification to Existing
Part 63 NESHAP Delegations'
Provisions
3285 Federal Plan
Requirements for Commercial
and Industrial Solid Waste
Incineration Units Constructed
On or Before November 30,
1999
3292 Protection of
Stratospheric Ozone: Listing of
Substitutes for Ozone-
Depleting Substances: N-
Propyl Bromide
3293 Protection of
Stratospheric Ozone: Ban on
Trade of Methyl Bromide to
Nonparties to the Montreal
Protocol
3294 Protection of
Stratospheric Ozone:
Refrigerant Recycling;
Substitute Refrigerants
3295 Federal Implementation
Plans for Indian Reservations
in Idaho, Oregon, and
Washington 3307 Regulation of
Fuels and Fuel Additives:
Modifications to Standards and
Requirements for Reformulated
and Conventional Gasoline
Including Butane Blenders and
Attest Engagements 3308
Protection of Stratospheric
Ozone; Refrigerant Recycling;
Certification of recovery and
recovery/recycling equipment
intended for use with Substitute
Refrigerants
3312 Protection of
Stratospheric Ozone;
Refrigerant Recycling;
Amended Leak Repair
Requirements for refrigeration
and air-conditioning equipment
3315 NESHAP: Off-Site Waste
and Recovery Operations
Residual Risk Standard 3321
NESHAP: Chromium
Electroplating Amendment
3322 NSPS and Emission
Guidelines for Other Solid
Waste Incinerators
3327 NESHAP: Group II
Polymers and Resins-
Residual Risk Standards
3329 NESHAP: National
Emission Standards for Marine
Tank Vessel Loading
Operations-Residual Risk
Standard
3330 NESHAP:
Perchloroethylene Dry
Cleaning Facilities Residual
Risk Standards
3331 NESHAP: Secondary
Lead Smelting Residual Risk
Standards
3332 NESHAP: Shipbuilding
and Ship Repair Surface
Coating-Residual Risk
Standards
3333 NESHAP: Wood
Furniture Manufacturing
Operations-Residual Risk
Standards
3334 NESHAP: Halogenated
Solvent Cleaning-Residual
Risk Standards
3335 NESHAP: Magnetic Tape
Manufacturing Operations
Residual Risk Standard
3336 NESHAP: Printing and
Publishing Industry-Residual
Risk Standards
3337 NESHAP: Petroleum
Refineries-Residual Risk
Standards
3338 National Emission
Standards for Chromium
Emissions From Hard and
Decorative Chromium
Electroplating and Chromium
Anodizing Tanks-Residual
Risk Standards
3348 Performance Warranty
and Inspection/Maintenance
Test Procedures
3357 Mineral Wool Production
Residual Risk Standard
3358 NESHAP for Flexible
Polyurethane Foam
Production: Residual Risk
Standards
3359 NESHAP:
Pharmaceuticals Production:
Residual Risk Standards
3364 NESHAP: Hydrochloric
Acid Production Industry
3371 NESHAP: Metal Furniture
(Surface Coating)
3374 NESHAP: Printing,
Coating and Dyeing of Fabrics
and other Textiles
3375 NESHAP: Wood Building
Products (Surface Coating)
3378 NESHAP: Oil and Natural
Gas Production
3379 NESHAP: Clay Ceramics
Manufacturing
3382 NESHAP: Brick and
Structural Clay Products
Manufacturing
3383 NESHAP: Sources
Categories: General
Provisions; and Requirements
for Control Technology
Determinations for Major
Sources in Accordance with
Clean Air Act Sections 112(g)
and 112(j); Amendments
3384 NESHAP: Secondary
Aluminum Industry
Amendments
3390 Protection of
Stratospheric Ozone: Phaseout
of Chlorobromomethane (Halon
1011) Production and
Consumption
3395 Extension of Alternative
Compliance Periods under the
Anti-Dumping Program
3410 Pesticides; Data
Requirements for Conventional
Chemicals
3411 Pesticides; Data
Requirements for
Antimicrobials
3415 Pesticides; Procedures
for the Registration Review
Program
3417 Pesticides; Tolerance
Processing Fees
3418 Pesticide Management
and Disposal; Standards for
Pesticide Containers and
Containment 3420 Pesticides;
Registration Requirements for
Antimicrobial Pesticide
Products
3428 Pesticide Management
and Disposal
-------
3431 Polychlorinated Biphenyls
(PCBs); Disposal of PCBs;
Implementation Issues
3432 Amendment to the
Premanufacture Notification
Exemptions; Revisions of
Exemptions for Polymers (40
CFR Part 723)
3433 Test Rule; Certain
Chemicals on the ATSDR
Priority List of Hazardous
Substances
3434 Test Rule;
Developmental and
Reproductive Toxicity
3436 Follow-Up Rules on
Existing Chemicals
3437 Significant New Use
Rule; Selected Flame
Retardant Chemical
Substances for Use in
Residential Upholstered
Furniture
3438 Lead; Notification
Requirements for Lead-Based
Paint Abatement Activities and
Training 3440 Significant New
Use Rule (SNUR); Chemical-
Specific SNURs To Extend
Provisions of Section 5(e)
Orders
3441 Test Rule; Hazardous Air
Pollutants (HAPs)
3442 Test Rule; Certain High
Production Volume (HPV)
Chemicals
3443 Test Rule; In Vitro Dermal
Absorption Rate Testing of
Certain Chemicals of Interest
to the Occupational Safety and
Health Administration
3444 TSCA Section 8(a)
Preliminary Assessment
Information Rules
3445 TSCA Section 8(d) Health
and Safety Data Reporting
Rules
3446 TSCA Section 8(e)
Policy; Notice of Clarification
3447 Asbestos Model
Accreditation Plan Revisions
3448 Lead Fishing Sinkers;
Response to Citizens Petition
and Proposed Ban
3449 Lead-Based Paint
Activities; Training,
Accreditation, and Certification
Rule and Model State Plan
Rule-Bridges and Structures
3450 Lead; Management and
Disposal of Lead-Based Paint
Debris
3451 Polychlorinated Biphenyls
(PCBs); Exemptions From the
Prohibitions Against
Manufacturing, Processing,
and Distribution in Commerce
3452 Test Rules and
Enforceable Consent
Agreements Under the Toxic
Substances Control Act
(Generic Entry)
3454 Test Rule; Certain Metals
3455 Testing Agreement for
Certain Oxygenated Fuel
Additives
3456 Significant New Use
Rule; Refractory Ceramic
Fibers (RCFs)
3457 Chemical Right-to-Know
Initiative; High Production
Volume (HPV) Chemicals
3458 TSCA Policy Statement
on Oversight of Transgenic
Organisms (Including Plants)
3459 Lead; Amendments to
Requirements for Disclosure of
Known Lead-Based Paint or
Lead-Based Paint Hazards in
Target Housing
3460 Clarify TRI Reporting
Obligations Under EPCRA
Section 313 for the Metal
Mining Activities of Extraction
and Beneficiation
3461 Addition of Toxicity
Equivalency (TEQ) Reporting
and Quantity Data for
Individual Members of the
Dioxin and Dioxin-like
Compounds Category Under
EPCRA, Section 313
3463 TRI; Responses to
Petitions Received To Add or
Delete or Modify Chemical
Listings on the Toxic Release
Inventory
3469 TRI; Revisions to the
Otherwise Use Activity
Exemptions and the Coal
Extraction Activities Exemption
3470 TRI; Pollution Prevention
Act Information Requirements
3472 TRI: Chemical
Expansion; Finalization of
Deferred Chemicals
3477 Revisions of the Lead-
Acid Battery Export Notification
and Consent Requirements
3488 Modifications to RCRA
Rules Associated With Solvent-
Contaminated Industrial Wipes
3499 Listing Determination and
LDR for Wastes Generated
During the Manufacture of Azo,
Anthraquinone, and
Triarylmethane Dyes and
Pigments
3502 RCRA Subtitle C
Financial Test Criteria
(Revision)
3519 Revisions to the National
Oil and Hazardous Substances
Pollution Contingency Plan;
Subpart J Product Schedule
Listing Requirements
3525 Effluent Guidelines and
Standards for the Concentrated
Aquatic Animal Production
Industry
3526 Effluent Guidelines and
Standards for the Meat and
Poultry Products Point Source
Category (Revisions)
3541 Minimizing Adverse
Environmental Impact from
Cooling Water Intake
Structures at Existing Facilities
Under Section 316(b) of the
Clean Water Act, Phase 3
3542 Streamlining the General
Pretreatment Regulations for
Existing and New Sources of
Pollution
3547 Effluent Guidelines and
Standards for the Metal
Products and Machinery
Category, Phases 1 and 2
3555 National Primary Drinking
Water Regulations: Aldicarb
3557 National Primary Drinking
Water Regulations: Minor
Corrections and Clarification to
Drinking Water Regulations
-------
3563 National Primary Drinking
Water Regulations: Analytical
Method for Uranium
3572 Shore Protection Act,
Section 4103(b) Regulations
Governmental Jurisdictions
Seq. No. Title
3215 Ambient Air Quality
Monitoring Regulations:
Revisions
3222 Transportation
Conformity Rule Amendments
for New 8-Hour Ozone and
PM2.5 National Ambient Air
Quality Standards
3297 Rescinding Finding that
Preexisting PM10 Standards
No Longer Applicable in
Northern Ada County/Boise,
Idaho
3427 Endangered Species and
Pesticide Regulation
3511 Revise 40 CFR Part 35
Subpart O: Cooperative
Agreements and Superfund
State Contracts for Superfund
Response Actions
3517 National Pollutant
Discharge Elimination System
Permit Requirements for
Municipal Wastewater
Treatment During Wet Weather
Conditions-Proposed Policy
3544 NPDES Permit
Requirements for Municipal
Sanitary and Combined Sewer
Collection Systems, Municipal
Satellite Collection Systems,
Sanitary Sewer Overflows, and
Peak Excess Flow Treatment
Facilities
3556 Unregulated Contaminant
Monitoring Regulation for
Public Water Systems
Revisions
-------
Government Levels Index
D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review" (October 4, 1993; 58 FR 51735) and the Unfunded Mandates Reform
Act of 1995 (P.L. 104-4) direct agencies to assess the effects of Federal regulations on State, local, and tribal governments. In keeping with
these efforts, agencies include in their submissions for the Unified Agenda information on whether their regulatory actions have an effect on
various levels of government. See also Index E for entries that may have "federalism implications" as defined in Executive Order 13132
entitled "Federalism" (August 4, 1999; 64 FR 43255).
The following index lists the regulatory actions in this publication that EPA believes may have effects on State, local, tribal, or Federal
levels of government. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition.
State
102 Electric Utility Steam Generating Unit MACT
Regulation
103 Implementation Rule for PM-2 5 NAAQS
104 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR)
Allowables Plantwide Applicability Limit (PAL),
Aggregation, and Debottleneckmg
105 Lead-based Paint Activities, Training and
Certification for Renovation and Remodeling
106 Pesticides, Emergency Exemption Process
Revisions
109 NESHAPS Standards for Hazardous Air
Pollutants for Hazardous Waste Combustors
110 Standards for the Management of Coal
Combustion Wastes Generated by Commercial
Electric Power Producers
112 Standards and Practices for Conducting "All
Appropriate Inquiry"
114 Watershed Rule Total Maximum Daily Load
(TMDL) Program Revisions
116 NESHAP Reciprocating Internal Combustion
Engine
118 NESHAP Surface Coating of Automobiles and
Light-Duty Trucks
119 Implementation Rule for 8-hour Ozone
NAAQS
120 Control of Emissions of Air Pollution From
Nonroad Diesel Engines and Fuel
121 Hazardous Waste Manifest Regulation
122 Management of Cement Kiln Dust (CKD)
123 Standardized Permit for RCRA Hazardous
Waste Management Facilities
124 Office of Solid Waste Burden Reduction
Initiative
125 Recycling of Cathode Ray Tubes (CRTs) and
Mercury-Containing Equipment Changes to
Hazardous Waste Regulations
126 National Primary Drinking Water Regulations
Groundwater Rule
127 National Pnmary Drinking Water Regulations
Long Term 2 Enhanced Surface Water Treatment
Rule
128 National Primary Drinking Water Regulations
Stage 2 Disinfection Byproducts Rule
129 Effluent Guidelines and Standards for the
Construction and Development Industry
130 Minimizing Adverse Environmental Impact
From Cooling Water Intake Structures at Existing
Facilities Under Section 316(b)of the Clean Water
Act, Phase 2
3156 Persistent, Bioaccumulative, and Toxic (PBT)
Pollutants Strategy
3157 Utilization of Small, Minority and Women's
Business Enterprises in Procurement Under
Assistance Agreements
3169 Project XL Site-Specific Rulemaking for the
NASA White Sands Test Facility in Las Cruces,
New Mexico (Phases III to VI)
3171 Cross-Media Electronic Reporting (ER) and
Recordkeepmg Rule (CROMERRR)
3173 Regulatory Incentives for the National
Environmental Performance Track Program
3174 Project XL Site-Specific Rulemaking for
NASA White Sands Test Facility Electronic
Reporting in Las Cruces, New Mexico (Phases I
and II)
3185 Revision to Policy on Control of Volatile
Organic Compounds (VOC)
3189 General Conformity Regulations, Revisions
3193 Performance Specification 16-Specifications
and Test Procedures for Predictive Emission
Monitonng Systems in Stationary Sources
3196 NESHAP Printing and Publishing Industry,
Amendments
3199 National Emission Standards for Coke Oven
Battenes-Residual Risk Standards
3204 National VOC Emission Standards for
Consumer Products, Proposed Amendments
3207 Control of Methyl Tertiary Butyl Ether (MTBE)
3208 Operating Permits Revisions (Part 70)
3214 Inspection Maintenance Program
Requirements for Federal Facilities, Amendment to
the Final Rule
3215 Ambient Air Quality Monitonng Regulations
Revisions
3216 Revisions to Regional Haze Rule To Address
Concerns Raised by DC Circuit Regarding Best
Available Retrofit Technology (BART)
3222 Transportation Conformity Rule Amendments
for New 8-hour Ozone and PM2 5 National
Ambient Air Quality Standards
3224 Rule To Reduce Interstate Transport of Fine
Particulate Matter and Other Pollutants (Interstate
Transport Rule)
3228 Lifting the Stay of the 8-hour Portion of the
Findings of Significant Contribution and
Rulemaking for Purposes of Reducing Interstate
Ozone Transport (NOx SIP Call)
3229 Deferral of Effective Date of Nonattainment
Designations for 8-hour Ozone National Ambient
Air Quality Standards for Early Action Compact
Areas
3241 Amendment to Subparts H and I for
Emissions of Radionuclides Other Than Radon
from DOE Facilities
3243 Revision to the Guideline on Air Quality
Models (Appendix W to 40 CFR Part 51) Adoption
of a Preferred General Purpose (Flat and Complex
Terrain) Dispersion Model and Other Revisions
3253 Interstate Ozone Transport Response to
Court Decisions on the NOx SIP Call, NOx SIP
Call Technical Amendments, and Section 126
Rules
3260 Revision of Combustion Turbines NSPS--
PartSO, SubpartGG
3263 NESHAP Miscellaneous Metal Parts and
Products (Surface Coating)
3268 NESHAP Primary Magnesium Refining
3269 NESHAP Site Remediation
3272 NESHAP Asphalt/Coal Tar Application on
Metal Pipes
3273 NESHAP Taconite Iron Ore Processing
Industry
3274 Clanfication to Existing Part 63 NESHAP
Delegations' Provisions
3285 Federal Plan Requirements for Commercial
and Industrial Solid Waste Incineration Units
Constructed On or Before November 30,1999
3286 Transportation Conformity Amendments
Response to March 2,1999, Court Decision
3297 Rescinding Finding that Preexisting PM10
Standards No Longer Applicable in Northern Ada
-------
County/Boise, Idaho
3309 Revisions to Federal Operating Permits
Program Fee Payment Deadlines for California
Agricultural Sources
3311 Air Quality Designations and Classifications
for the 8-hour Ozone NAAQS
3317 Accidental Release Prevention
Requirements Risk Management Programs under
the Clean Air Act, Section 112(r)(3), Revisions to
the List of Substances
3322 NSPS and Emission Guidelines for Other
Solid Waste Incinerators
3323 Prevention of Significant Deterioration of Air
Quality Permit Application Review Procedures for
non-Federal Class I Areas
3325 Phase I (FIP) To Reduce the Regional
Transport of Ozone in the Eastern United States
3332 NESHAP Shipbuilding and Ship Repair
Surface Coating-Residual Risk Standards
3338 National Emission Standards for Chromium
Emissions From Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks-
Residual Risk Standards
3346 Revised Permit Revision Procedures for the
Federal Operating Permits Program-Part 71
3351 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR)
Clean Units
3352 Voluntary Superior Monitoring
3356 NESHAP Ferroalloys Production
Ferromanganese and Sihcomanganese Residual
Risk Standards
3359 NESHAP Pharmaceuticals Production
Residual Risk Standards
3361 Air Quality Designations for the PM-2 5
NAAQS
3362 Overview of Rulemakmgs for the Purpose of
Reducing Interstate Ozone Transport
3363 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR)
Reconsideration
3371 NESHAP Metal Furniture (Surface Coating)
3383 NESHAP Sources Categories General
Provisions, and Requirements for Control
Technology Determinations for Major Sources in
Accordance with Clean Air Act Sections 112(g)
and 112(j), Amendments
3387 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR)
Routine Maintenance, Repair, and Replacement
3392 Revisions to Air Pollution Emergency
Episode Requirements (Subpart H, 40 CFR Part
51)
3400 Reclassification as Nonroad Engines for
Diesel Engines Used in the State of California
Agricultural Pump Application
3403 New Jersey Gold Track Project XL Rule
3425 Groundwater and Pesticide Management
Plan Rule
3427 Endangered Species and Pesticide
Regulation
3428 Pesticide Management and Disposal
3431 Polychlormated Biphenyls (PCBs), Disposal
of PCBs, Implementation Issues
3437 Significant New Use Rule, Selected Flame
Retardant Chemical Substances for Use in
Residential Upholstered Furniture
3438 Lead, Notification Requirements for Lead-
based Paint Abatement Activities and Training
3447 Asbestos Model Accreditation Plan Revisions
3449 Lead-based Paint Activities, Training,
Accreditation, and Certification Rule and Model
State Plan Rule-Bridges and Structures
3450 Lead, Management and Disposal of Lead-
based Paint Debns
3453 Voluntary Children's Chemical Evaluation
Program (VCCEP)
3459 Lead, Amendments to Requirements for
Disclosure of Known Lead-based Paint or Lead-
based Paint Hazards in Target Housing
3461 Addition of Toxicity Equivalency (TEQ)
Reporting and Quantity Data for Individual
Members of the Dioxm and Dioxin-like Compounds
Category Under EPCRA, Section 313
3463 TRI, Responses to Petitions Received To
Add or Delete or Modify Chemical Listings on the
Toxic Release Inventory
3464 Toxic Chemical Release Reporting Using
North American Industrial Classification System
(NAICS)
3465 Emergency Planning and Community Right-
to-Know Act' Amendments and Streamlining Rule
3468 TRI, Review of Chemicals on the Original
TRI List
3469 TRI, Revisions to the Otherwise Use Activity
Exemptions and the Coal Extraction Activities
Exemption
3470 TRI, Pollution Prevention Act Information
Requirements
3472 TRI, Chemical Expansion, Fmalization of
Deferred Chemicals
3473 Revisions to the Comprehensive Guideline
for Procurement of Products Containing Recovered
Matenals
3475 Revisions to Solid Waste Landfill Cntena-
Leachate Recirculation on Alternative Liners
3478 Land Disposal Restrictions Determination of
Equivalent Treatment for Macroencapsulation of
Radioactive Lead Solids, Definition of
Macroencapsulation
3481 RCRA Incentives for Performance Track
Members
3484 Methods Innovation Rule
3485 Research, Development, and Demonstration
Permits for Municipal Solid Waste Landfill
3488 Modifications to RCRA Rules Associated
With Solvent-Contaminated Industrial Wipes
3492 Project XL Site-Specific Rulemakmg for Anne
Arundel County Millersville Landfill, Severn,
Maryland
3493 Project XL Site-Specific Rulemakmg for the
IBM Semiconductor Manufacturing Facility in
Hopewell Junction, New York
3494 Standards for the Management of Coal
Combustion Wastes-Nonpower Producers and
Mmefilling
3495 Regulation of Hazardous Oil-Beanng
Secondary Matenals from Petroleum Refining
Industry and Other Hazardous Secondary
Matenals Processed in a Gasification System To
Produce Synthesis Gas-Final Rule
3496 RCRA Burden Reduction Initiative, Phase 2
3497 E-Cyclmg Pilot Project for Region 3 States
(ECQS), Streamlining RCRA Regulations To
Encourage Reuse, Recycling, and Recovery of
Electronic Equipment
3499 Listing Determination and LDR for Wastes
Generated During the Manufacture of Azo,
Anthraqumone, and Triarylmethane Dyes and
Pigments
3500 Revision of Wastewater Treatment
Exemptions for Hazardous Waste Mixtures
3502 RCRA Subtitle C Financial Test Criteria
(Revision)
3503 Criteria for Classification of Solid Waste
Disposal Facilities and Practices and Cntena for
Municipal Solid Waste Landfills Disposal of
Residential Lead-based Paint Waste
3505 Recycled Used Oil Containing PCBs'
Amendments
3506 Land Disposal Restrictions, Treatment
Standards for Spent Potliners From Primary
Aluminum Reduction (K088) and Regulatory
Classification of K088 Vitrification Units
3507 Amendment to Project XL Rulemakmg and
Final Project Agreement (FPA) for New England
Universities Laboratories
3508 National Priorities List for Uncontrolled
Hazardous Waste Sites Proposed and Final Rules
3511 Revise 40 CFR Part 35 Subpart 0
Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3515 Clarification to Interim Standards and
Practices for All Appropriate Inquiry Under
CERCLA and Notice of Future Rulemaking Action
3516 Water Quality Standards for Indian Country
Waters
3519 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan, Subpart J
Product Schedule Listing Requirements
3521 Test Procedures New and Updated Test
-------
Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
3524 Effluent Guidelines and Standards for the
Pulp, Paper, and Paperboard Point Source
Category, Dissolving Kraft and Dissolving Sulfite
Subcategones (Phase III)
3525 Effluent Guidelines and Standards for the
Concentrated Aquatic Animal Production Industry
3526 Effluent Guidelines and Standards for the
Meat and Poultry Products Point Source Category
(Revisions)
3527 Effluent Guidelines and Standards for the
Centralized Waste Treatment Point Source
Category (Revision)
3528 Water Quality Standards for Alabama-Phase
II
3531 Round 2 Standards for the Use or Disposal of
Sewage Sludge
3532 Modification to Competitive Process Used by
EPA for Wetland Program Development Grants
3534 Effluent Guidelines and Standards
Recodiflcation of Vanous Effluent Guidelines
3535 Test Procedures for the Analysis of Trace
Metals Under the Clean Water Act
3536 Test Procedures Increased Method
Flexibility for Test Procedures Approved for Clean
Water Act Compliance Monitonng
3537 Test Procedures Performance-based
Measurement System (PBMS) Procedures and
Guidance for Clean Water Act Test Procedures
3538 Test Procedures for the Analysis of Co-
Planar and Mono-Ortho-Substituted
Polychlormated Biphenyls (PCBs) Under the Clean
Water Act
3539 Test Procedures Revisions to Method
Detection and Quantification for the Clean Water
Act
3541 Minimizing Adverse Environmental Impact
from Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water
Act, Phase 3
3542 Streamlining the General Pretreatment
Regulations for Existing and New Sources of
Pollution
3543 NPDES Streamlining Rule-Round III
3544 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary
Sewer Overflows, and Peak Excess Flow
Treatment Facilities
3545 Clean Water State Revolving Fund
Regulation Revisions Re Use as Matching Funds
3547 Effluent Guidelines and Standards for the
Metal Products and Machinery Category, Phases 1
and 2
3548 Effluent Guidelines and Standards for
Pharmaceutical Manufactunng Amendment
3549 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase One
3550 Test Procedures for the Analysis of Biological
Contaminants Under the Clean Water Act
3551 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase Two
3552 Test Procedures for the Analysis of Mercury
Under the Clean Water Act (Method 245 7)
3553 Minimizing Adverse Environmental Impacts
from Cooling Water Intake Structures Under
Section 316(b) of the Clean Water Act-Phase I
Revisions
3554 Clean Water Act Definition of Waters of the
United States
3555 National Primary Drinking Water Regulations
Aldicarb
3556 Unregulated Contaminant Monitoring
Regulation for Public Water Systems Revisions
3562 National Primary and Secondary Drinking
Water Regulations Approval of Additional Method
for the Detection of Conforms and E Coli in
Drinking Water
3563 National Pnmary Drinking Water Regulations
Analytical Method for Uranium
3564 National Primary Drinking Water Regulations
Radon
3566 National Primary Drinking Water Regulations
Revisions to the Total Coliform Monitoring and
Analytical Requirements and Additional
Distribution System Requirements
3568 Underground Injection Control Update of
State Programs
-------
Seq. No.
Local
Title
102 Electric Utility Steam Generating Unit MACT
Regulation
103 Implementation Rule for PM-2 5 NAAQS
104 Prevention of Significant Detenoration (PSD)
and Nonattamment New Source Review (NSR)
Allowables Plantwide Applicability Limit (PAL),
Aggregation, and Debottleneckmg
105 Lead-based Paint Activities, Training and
Certification for Renovation and Remodeling
110 Standards for the Management of Coal
Combustion Wastes Generated by Commercial
Electric Power Producers
112 Standards and Practices for Conducting "All
Appropnate Inquiry"
116 NESHAP Reciprocating Internal Combustion
Engine
117 NESHAP Industrial, Commercial, and
Institutional Boilers and Process Heaters
118 NESHAP Surface Coating of Automobiles and
Light-Duty Trucks
119 Implementation Rule for 8-hour Ozone
NAAQS
120 Control of Emissions of Air Pollution From
Nonroad Diesel Engines and Fuel
124 Office of Solid Waste Burden Reduction
Initiative
125 Recycling of Cathode Ray Tubes (CRTs) and
Mercury-Containing Equipment Changes to
Hazardous Waste Regulations
126 National Primary Drinking Water Regulations
Groundwater Rule
127 National Primary Drinking Water Regulations
Long Term 2 Enhanced Surface Water Treatment
Rule
128 National Primary Drinking Water Regulations
Stage 2 Disinfection Byproducts Rule
129 Effluent Guidelines and Standards for the
Construction and Development Industry
130 Minimizing Adverse Environmental Impact
From Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water
Act, Phase 2
3156 Persistent, Bioaccumulative, and Toxic (PBT)
Pollutants Strategy
3157 Utilization of Small, Minority and Women's
Business Enterprises in Procurement Under
Assistance Agreements
3171 Cross-Media Electronic Reporting (ER) and
Recordkeepmg Rule (CROMERRR)
3196 NESHAP Printing and Publishing Industry,
Amendments
3204 National VOC Emission Standards for
Consumer Products, Proposed Amendments
3208 Operating Permits Revisions (Part 70)
3215 Ambient Air Quality Monitoring Regulations
Revisions
3216 Revisions to Regional Haze Rule To Address
Concerns Raised by DC Circuit Regarding Best
Available Retrofit Technology (BART)
3222 Transportation Conformity Rule Amendments
for New 8-hour Ozone and PM2 5 National
Ambient Air Quality Standards
3224 Rule To Reduce Interstate Transport of Fine
Particulate Matter and Other Pollutants (Interstate
Transport Rule)
3227 Section 126 Rule Withdrawal of Findings for
Sources in Michigan
3228 Lifting the Stay of the 8-hour Portion of the
Findings of Significant Contribution and
Rulemakmg for Purposes of Reducing Interstate
Ozone Transport (NOx SIP Call)
3229 Deferral of Effective Date of Nonattainment
Designations for 8-hour Ozone National Ambient
Air Quality Standards for Early Action Compact
Areas
3241 Amendment to Subparts H and I for
Emissions of Radionuclides Other Than Radon
from DOE Facilities
3243 Revision to the Guideline on Air Quality
Models (Appendix W to 40 CFR Part 51) Adoption
of a Preferred General Purpose (Flat and Complex
Terrain) Dispersion Model and Other Revisions
3253 Interstate Ozone Transport Response to
Court Decisions on the NOx SIP Call, NOx SIP
Call Technical Amendments, and Section 126
Rules
3260 Revision of Combustion Turbines NSPS--
Part 60, SubpartGG
3263 NESHAP Miscellaneous Metal Parts and
Products (Surface Coating)
3269 NESHAP Site Remediation
3272 NESHAP Asphalt/Coal Tar Application on
Metal Pipes
3274 Clarification to Existing Part 63 NESHAP
Delegations' Provisions
3286 Transportation Conformity Amendments
Response to March 2,1999, Court Decision
3297 Rescinding Finding that Preexisting PM10
Standards No Longer Applicable in Northern Ada
County/Boise, Idaho
3311 Air Quality Designations and Classifications
for the 8-hour Ozone NAAQS
3317 Accidental Release Prevention
Requirements Risk Management Programs under
the Clean Air Act, Section 112(r)(3), Revisions to
the List of Substances
3322 NSPS and Emission Guidelines for Other
Solid Waste Incinerators
3325 Phase I (FIP) To Reduce the Regional
Transport of Ozone in the Eastern United States
3346 Revised Permit Revision Procedures for the
Federal Operating Permits Program-Part 71
3352 Voluntary Superior Monitoring
3361 Air Quality Designations for the PM-2 5
NAAQS
3362 Overview of Rulemakmgs for the Purpose of
Reducing Interstate Ozone Transport
3363 Prevention of Significant Detenoration (PSD)
and Nonattainment New Source Review (NSR):
Reconsideration
3387 Prevention of Significant Detenoration (PSD)
and Nonattainment New Source Review (NSR)
Routine Maintenance, Repair, and Replacement
3392 Revisions to Air Pollution Emergency
Episode Requirements (Subpart H, 40 CFR Part
51)
3427 Endangered Species and Pesticide
Regulation
3431 Polychlonnated Biphenyls (PCBs), Disposal
of PCBs, Implementation Issues
3438 Lead, Notification Requirements for Lead-
based Paint Abatement Activities and Training
3447 Asbestos Model Accreditation Plan Revisions
3449 Lead-based Paint Activities, Training,
Accreditation, and Certification Rule and Model
State Plan Rule-Bridges and Structures
3450 Lead, Management and Disposal of Lead-
based Paint Debris
3453 Voluntary Children's Chemical Evaluation
Program (VCCEP)
3465 Emergency Planning and Community Right-
to-Know Act Amendments and Streamlining Rule
3473 Revisions to the Comprehensive Guideline
for Procurement of Products Containing Recovered
Materials
3475 Revisions to Solid Waste Landfill Cnteria-
Leachate Recirculation on Alternative Liners
3478 Land Disposal Restrictions' Determination of
Equivalent Treatment for Macroencapsulation of
Radioact/ve Lead Solids, Definition of
Macroencapsulation
3484 Methods Innovation Rule
3485 Research, Development, and Demonstration
Permits for Municipal Solid Waste Landfill
-------
3492 Project XL Site-Specific Rulemaking for Anne
Arundel County Millersville LandfiII, Severn,
Maryland
3494 Standards for the Management of Coal
Combustion Wastes-Nonpower Producers and
Minefillmg
3496 RCRA Burden Reduction Initiative, Phase 2
3497 E-Cycling Pilot Project for Region 3 States
(EGOS), Streamlining RCRA Regulations To
Encourage Reuse, Recycling, and Recovery of
Electronic Equipment
3506 Land Disposal Restrictions, Treatment
Standards for Spent Pothners From Pnmary
Aluminum Reduction (K088) and Regulatory
Classification of K088 Vitrification Units
3508 National Priorities List for Uncontrolled
Hazardous Waste Sites Proposed and Final Rules
3511 Revise 40 CFR Part 35 Subpart O
Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3515 Clarification to Interim Standards and
Practices for All Appropriate Inquiry Under
CERCLA and Notice of Future Rulemaking Action
3521 Test Procedures New and Updated Test
Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
3526 Effluent Guidelines and Standards for the
Meat and Poultry Products Point Source Category
(Revisions)
3527 Effluent Guidelines and Standards for the
Centralized Waste Treatment Point Source
Category (Revision)
3531 Round 2 Standards for the Use or Disposal of
Sewage Sludge
3532 Modification to Competitive Process Used by
EPA for Wetland Program Development Grants
3534 Effluent Guidelines and Standards
Recodification of Vanous Effluent Guidelines
3535 Test Procedures for the Analysis of Trace
Metals Under the Clean Water Act
3536 Test Procedures Increased Method
Flexibility for Test Procedures Approved for Clean
Water Act Compliance Monitonng
3537 Test Procedures Performance-based
Measurement System (PBMS) Procedures and
Guidance for Clean Water Act Test Procedures
3538 Test Procedures for the Analysis of Co-
Planar and Mono-Ortho-Substituted
Polychlorinated Biphenyls (PCBs) Under the Clean
Water Act
3539 Test Procedures Revisions to Method
Detection and Quantification for the Clean Water
Act
3541 Minimizing Adverse Environmental Impact
from Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water
Act, Phase 3
Regulations for Existing and New Sources of
Pollution
3543 NPDES Streamlining Rule-Round III
3544 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary
Sewer Overflows, and Peak Excess Flow
Treatment Facilities
3545 Clean Water State Revolving Fund
Regulation Revisions Re Use as Matching Funds
3547 Effluent Guidelines and Standards for the
Metal Products and Machinery Category, Phases 1
and 2
3548 Effluent Guidelines and Standards for
Pharmaceutical Manufacturing" Amendment
3549 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase One
3550 Test Procedures for the Analysis of Biological
Contaminants Under the Clean Water Act
3551 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase Two
3552 Test Procedures for the Analysis of Mercury
Under the Clean Water Act (Method 245 7)
3554 Clean Water Act Definition of Waters of the
United States
3555 National Primary Drinking Water Regulations
Aldicarb
3556 Unregulated Contaminant Monitoring
Regulation for Public Water Systems Revisions
3562 National Primary and Secondary Drinking
Water Regulations' Approval of Additional Method
for the Detection of Coliforms and E Coll in
Drinking Water
3563 National Primary Drinking Water Regulations
Analytical Method for Uranium
3564 National Primary Drinking Water Regulations
Radon
3566 National Primary Dnnkmg Water Regulations
Revisions to the Total Coliform Monitonng and
Analytical Requirements and Additional
Distribution System Requirements
3572 Shore Protection Act, Section 4103(b)
Regulations
3542 Streamlining the General Pretreatment
-------
Tribal
Seq. No. Title
102 Electric Utility Steam Generating Unit MACT
Regulation
103 Implementation Rule for PM-2 5 NAAQS
104 Prevention of Significant Deterioration (PSD)
and Nonattamment New Source Review (NSR)
Allowables Plantwide Applicability Limit (PAL),
Aggregation, and Debottleneckmg
105 Lead-based Paint Activities, Training and
Certification for Renovation and Remodeling
110 Standards for the Management of Coal
Combustion Wastes Generated by Commercial
Electric Power Producers
112 Standards and Practices for Conducting "All
Appropriate Inquiry"
114 Watershed Rule Total Maximum Daily Load
(TMDL) Program Revisions
119 Implementation Rule for 8-hour Ozone
NAAQS
124 Office of Solid Waste Burden Reduction
Initiative
125 Recycling of Cathode Ray Tubes (CRTs) and
Mercury-Containing Equipment Changes to
Hazardous Waste Regulations
126 National Primary Dnnking Water Regulations
Groundwater Rule
127 National Primary Drinking Water Regulations
Long Term 2 Enhanced Surface Water Treatment
Rule
128 National Primary Drinking Water Regulations
Stage 2 Disinfection Byproducts Rule
129 Effluent Guidelines and Standards for the
Construction and Development Industry
130 Minimizing Adverse Environmental Impact
From Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water
Act, Phase 2
3156 Persistent, Bioaccumulative, and Toxic (PBT)
Pollutants Strategy
3157 Utilization of Small, Minority and Women's
Business Enterpnses in Procurement Under
Assistance Agreements
3171 Cross-Media Electronic Reporting (ER) and
Recordkeepmg Rule (CROMERRR)
3189 General Conformity Regulations, Revisions
3191 Review of New Sources and Modifications in
Indian Country
3204 National VOC Emission Standards for
Consumer Products, Proposed Amendments
3215 Ambient Air Quality Monitoring Regulations
Revisions
3216 Revisions to Regional Haze Rule To Address
Concerns Raised by DC Circuit Regarding Best
Available Retrofit Technology (BART)
3224 Rule To Reduce Interstate Transport of Fine
Paniculate Matter and Other Pollutants (Interstate
Transport Rule)
3243 Revision to the Guideline on Air Quality
Models (Appendix W to 40 CFR Part 51) Adoption
of a Preferred General Purpose (Flat and Complex
Terrain) Dispersion Model and Other Revisions
3272 NESHAP Asphalt/Coal Tar Application on
Metal Pipes
3274 Clarification to Existing Part 63 NESHAP
Delegations' Provisions
3295 Federal Implementation Plans for Indian
Reservations in Idaho, Oregon, and Washington
3311 Air Quality Designations and Classifications
for the 8-hour Ozone NAAQS
3317 Accidental Release Prevention
Requirements Risk Management Programs under
the Clean Air Act, Section 112(r)(3), Revisions to
the List of Substances
3323 Prevention of Significant Detenoration of Air
Quality Permit Application Review Procedures for
non-Federal Class I Areas
3346 Revised Permit Revision Procedures for the
Federal Operating Permits Program—Part 71
3352 Voluntary Superior Monitoring
3361 Air Quality Designations for the PM-2 5
NAAQS
3387 Prevention of Significant Deterioration (PSD)
and Nonattamment New Source Review (NSR)
Routine Maintenance, Repair, and Replacement
3392 Revisions to Air Pollution Emergency
Episode Requirements (Subpart H, 40 CFR Part
51)
3425 Groundwater and Pesticide Management
Plan Rule
3427 Endangered Species and Pesticide
Regulation
3431 Polychlonnated Biphenyls (PCBs), Disposal
of PCBs, Implementation Issues
3438 Lead, Notification Requirements for Lead-
based Paint Abatement Activities and Training
3447 Asbestos Model Accreditation Plan Revisions
3449 Lead-based Paint Activities, Training,
Accreditation, and Certification Rule and Model
State Plan Rule-Bridges and Structures
3450 Lead, Management and Disposal of Lead-
based Paint Debris
3453 Voluntary Children's Chemical Evaluation
Program (VCCEP)
3459 Lead, Amendments to Requirements for
Disclosure of Known Lead-based Paint or Lead-
based Paint Hazards in Target Housing
3475 Revisions to Solid Waste Landfill Cnteria-
Leachate Rectrculation on Alternative Liners
3478 Land Disposal Restrictions Determination of
Equivalent Treatment for Macroencapsulation of
Radioactive Lead Solids, Def nition of
Macroencapsulation
3484 Methods Innovation Rule
3494 Standards for the Management of Coal
Combustion Wastes-Nonpower Producers and
Minefillmg
3496 RCRA Burden Reduction Initiative, Phase 2
3499 Listing Determination and LDR for Wastes
Generated During the Manufacture of Azo,
Anthraqumone, and Tnarylmethane Dyes and
Pigments
3506 Land Disposal Restrictions, Treatment
Standards for Spent Potlmers From Primary
Aluminum Reduction (K088) and Regulatory
Classification of K088 Vitrification Units
3511 Revise 40 CFR Part 35 Subpart O
Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3515 Clarification to Interim Standards and
Practices for All Appropnate Inquiry Under
CERCLA and Notice of Future Rulemakmg Action
3516 Water Quality Standards for Indian Country
Waters
3521 Test Procedures New and Updated Test
Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
3525 Effluent Guidelines and Standards for the
Concentrated Aquatic Animal Production Industry
3526 Effluent Guidelines and Standards for the
Meat and Poultry Products Point Source Category
(Revisions)
3531 Round 2 Standards for the Use or Disposal of
Sewage Sludge
353S Test Procedures for the Analysis of Trace
Metals Under the Clean Water Act
3536 Test Procedures Increased Method
Flexibility for Test Procedures Approved for Clean
Water Act Compliance Monitoring
3537 Test Procedures Performance-based
Measurement System (PBMS) Procedures and
Guidance for Clean Water Act Test Procedures
3538 Test Procedures for the Analysis of Co-
Planar and Mono-Ortho-Substituted
Polychlonnated Biphenyls (PCBs) Under the Clean
Water Act
3539 Test Procedures Revisions to Method
Detection and Quantification for the Clean Water
-------
Act
3541 Minimizing Adverse Environmental Impact
from Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water
Act, Phase 3
3542 Streamlining the General Pretreatment
Regulations for Existing and New Sources of
Pollution
3543 NPDES Streamlining Rule-Round III
3544 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary
Sewer Overflows, and Peak Excess Flow
Treatment Facilities
3545 Clean Water State Revolving Fund
Regulation Revisions Re Use as Matching Funds
3549 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase One
3550 Test Procedures for the Analysis of Biological
Contaminants Under the Clean Water Act
3551 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase Two
3552 Test Procedures for the Analysis of Mercury
Under the Clean Water Act (Method 245 7}
3554 Clean Water Act Definition of Waters of the
United States
3555 National Primary Drinking Water Regulations
Aldicarb
3556 Unregulated Contaminant Monitoring
Regulation for Public Water Systems Revisions
3562 National Primary and Secondary Drinking
Water Regulations Approval of Additional Method
for the Detection of Coliforms and E Coli in
Drinking Water
3563 National Pnmary Drinking Water Regulations
Analytical Method for Uranium
3564 National Pnmary Drinking Water Regulations
Radon
3566 National Pnmary Drinking Water Regulations
Revisions to the Total Coliform Monitoring and
Analytical Requirements and Additional
Distribution System Requirements
Federal
Seq. No. Title
102 Electric Utility Steam Generating Unit MACT
Regulation
103 Implementation Rule for PM-2 5 NAAQS
104 Prevention of Significant Deterioration (PSD)
and Nonattamment New Source Review (NSR)
Allowables Plantwide Applicability Limit (PAL),
Aggregation, and Debottleneckmg
105 Lead-based Paint Activities, Training and
Certification for Renovation and Remodeling
106 Pesticides; Emergency Exemption Process
Revisions
107 Acceptability of Research Using Human
Subjects
109 NESHAPS- Standards for Hazardous Air
Pollutants for Hazardous Waste Combustors
110 Standards for the Management of Coal
Combustion Wastes Generated by Commercial
Electric Power Producers
112 Standards and Practices for Conducting "All
Appropriate Inquiry"
114 Watershed Rule Total Maximum Daily Load
(TMDL) Program Revisions
120 Control of Emissions of Air Pollution From
Nonroad Diesel Engines and Fuel
-------
121 Hazardous Waste Manifest Regulation
122 Management of Cement Kiln Dust (CKD)
123 Standardized Permit for RCRA Hazardous
Waste Management Facilities
124 Office of Solid Waste Burden Reduction
Initiative
125 Recycling of Cathode Ray Tubes (CRTs) and
Mercury-Containing Equipment. Changes to
Hazardous Waste Regulations
126 National Primary Dnnkmg Water Regulations
Groundwater Rule
127 National Primary Dnnkmg Water Regulations
Long Term 2 Enhanced Surface Water Treatment
Rule
128 National Pnmary Dnnkmg Water Regulations
Stage 2 Disinfection Byproducts Rule
129 Effluent Guidelines and Standards for the
Construction and Development Industry
130 Minimizing Adverse Environmental Impact
From Cooling Water Intake Structures at Existing
Facilities Under Section 316(b) of the Clean Water
Act, Phase 2
3156 Persistent, Bioaccumulative, and Toxic (PBT)
Pollutants Strategy
3157 Utilization of Small, Minority and Women's
Business Enterprises in Procurement Under
Assistance Agreements
3161 Privacy Act Regulations (Revised)
3169 Project XL Site-Specific Rulemakmg for the
NASA White Sands Test Facility in Las Cruces,
New Mexico (Phases III to VI)
3171 Cross-Media Electronic Reporting (ER) and
Recordkeeping Rule (CROMERRR)
3173 Regulatory Incentives for the National
Environmental Performance Track Program
3174 Project XL Site-Specif c Rulemakmg for
NASA White Sands Test Facility Electronic
Reporting in Las Cruces, New Mexico (Phases I
and II)
3176 Public Information and Confidentiality
Regulations
3179 Nondiscrimination on the Basis of Race,
Color, National Ongm, Handicap, and Age in
Programs and Activities Receiving Federal
Financial Assistance
3181 EPA Agencywide Public Involvement Policy
3185 Revision to Policy on Control of Volatile
Organic Compounds (VOC)
3189 General Conformity Regulations, Revisions
3191 Review of New Sources and Modifications in
Indian Country
3195 Update of Continuous Instrumental Test
Methods
3196 NESHAP. Pnntmg and Publishing Industry,
Amendments
3199 National Emission Standards for Coke Oven
Battenes-Residua) Risk Standards
3204 National VOC Emission Standards for
Consumer Products, Proposed Amendments
3214 Inspection Maintenance Program
Requirements for Federal Facilities, Amendment to
the Final Rule
3215 Ambient Air Quality Monitoring Regulations
Revisions
3216 Revisions to Regional Haze Rule To Address
Concerns Raised by DC Circuit Regarding Best
Available Retrofit Technology (BART)
3219 Adoption of the Amended International NOx
Standard for Aircraft Engines
3222 Transportation Conformity Rule Amendments
for New 8-hour Ozone and PM2 5 National
Ambient Air Quality Standards
3224 Rule To Reduce Interstate Transport of Fine
Particulate Matter and Other pollutants (Interstate
Transport Rule)
3226 Amendment to Marine Diesel Rule
3227 Section 126 Rule' Withdrawal of Findings for
Sources in Michigan
3241 Amendment to Subparts H and I for
Emissions of Radionuclides Other Than Radon
from DOE Facilities
3243 Revision to the Guideline on Air Quality
Models (Appendix W to 40 CFR Part 51) Adoption
of a Preferred General Purpose (Flat and Complex
Terrain) Dispersion Model and Other Revisions
3263 NESHAP Miscellaneous Metal Parts and
Products (Surface Coating)
3264 Plastic Parts and Products (Surface Coating)
NESHAP
3272 NESHAP Asphalt/Coal Tar Application on
Metal Pipes
3274 Clarification to Existing Part 63 NESHAP
Delegations' Provisions
3285 Federal Plan Requirements for Commercial
and Industrial Solid Waste Incineration Units
Constructed On or Before November 30,1999
3295 Federal Implementation Plans for Indian
Reservations in Idaho, Oregon, and Washington
3311 Air Quality Designations and Classifications
for the 8-hour Ozone NAAQS
3317 Accidental Release Prevention
Requirements Risk Management Programs under
the Clean Air Act, Section 112(r)(3), Revisions to
the List of Substances
3325 Phase I (FIP) To Reduce the Regional
Transport of Ozone in the Eastern United States
3332 NESHAP Shipbuilding and Ship Repair
Surface Coating—Residual Risk Standards
3334 NESHAP Halogenated Solvent Cleaning-
Residual Risk Standards
3338 National Emission Standards for Chromium
Emissions From Hard and Decorative Chromium
Electroplating and Chromium Anodizing Tanks--
Residual Risk Standards
3346 Revised Permit Revision Procedures for the
Federal Operating Permits Program-Part 71
3351 Prevention of Significant Deterioration (PSD)
and Nonattamment New Source Review (NSR)
Clean Units
3352 Voluntary Supenor Monitoring
3356 NESHAP Ferroalloys Production
Ferromanganese and Silicomanganese Residual
Risk Standards
3359 NESHAP Pharmaceuticals Production
Residual Risk Standards
3361 Air Quality Designations for the PM-2 5
NAAQS
3363 Prevention of Significant Deterioration (PSD)
and Nonattamment New Source Review (NSR)
Reconsideration
3371 NESHAP Metal Furniture (Surface Coating)
3387 Prevention of Significant Deterioration (PSD)
and Nonattainment New Source Review (NSR)
Routine Maintenance, Repair, and Replacement
3392 Revisions to Air Pollution Emergency
Episode Requirements (Subpart H, 40 CFR Part
51)
3404 Environmental Radiation Protection
Standards for the Disposal of Low-Activity Mixed
Radioactive Waste
3405 Approaches to an Integrated Framework for
Management and Disposal of Low-Activity
Radioactive Waste Request for Comment
3406 Technical Change to Dose Methodology for
40 CFR Part 190, Subpart B and 40 CFR 191,
SubpartA
3407 Revision of the 40 CFR Part 194 Waste
Isolation Pilot Plant Compliance Cntena
3410 Pesticides, Data Requirements for
Conventional Chemicals
3411 Pesticides, Data Requirements for
Antimicrobials
3412 Pesticides, Data Requirements for
Biochemical and Microbial Products
3415 Pesticides, Procedures for the Registration
Review Program
3417 Pesticides, Tolerance Processing Fees
3418 Pesticide Management and Disposal,
Standards for Pesticide Containers and
Containment 3419 WPS, Pesticide Worker
Protection Standard (WPS), Glove Amendment
3420 Pesticides, Registration Requirements for
Antimicrobial Pesticide Products
3421 Pesticide Tolerance Reassessment Program
3422 Plant Incorporated Protectants (PIPs),
Exemption for those Based on Viral Coat Proteins
3423 Plant-Incorporated Protectants (PIPs),
Exemption for Those Derived through Genetic
-------
Engineering from Sexually Compatible Plants
3424 Plant Incorporated Protectants (PIPs),
Exemption for PIPs that Act by Primarily Affecting
the Plant
3425 Groundwater and Pesticide Management
Plan Rule
3427 Endangered Species and Pesticide
Regulation
3428 Pesticide Management and Disposal
3431 Polychlonnated Biphenyls (PCBs), Disposal
of PCBs, Implementation Issues
3433 Test Rule, Certain Chemicals on the ATSDR
Prionty List of Hazardous Substances
3434 Test Rule, Developmental and Reproductive
Toxicity
3435 TSCA Inventory Update Rule Revisions
3436 Follow-Up Rules on Existing Chemicals
3438 Lead, Notification Requirements for Lead-
based Paint Abatement Activities and Training
3441 Test Rule, Hazardous Air Pollutants (HAPs)
3442 Test Rule, Certain High Production Volume
(HPV) Chemicals
3443 Test Rule, In Vitro Dermal Absorption Rate
Testing of Certain Chemicals of Interest to the
Occupational Safety and Health Administration
3447 Asbestos Model Accreditation Plan Revisions
3448 Lead Fishing Sinkers, Response to Citizens
Petition and Proposed Ban
3449 Lead-based Paint Activities, Training,
Accreditation, and Certification Rule and Model
State Plan Rule-Bridges and Structures
3450 Lead, Management and Disposal of Lead-
based Paint Debris
3452 Test Rules and Enforceable Consent
Agreements Under the Toxic Substances Control
Act (Genenc Entry)
3453 Voluntary Children's Chemical Evaluation
Program (VCCEP)
3454 Test Rule, Certain Metals
3457 Chemical Right-to-Know Initiative, High
Production Volume (HPV) Chemicals
3458 TSCA Policy Statement on Oversight of
Transgenic Organisms (Including Plants)
3459 Lead, Amendments to Requirements for
Disclosure of Known Lead-based Paint or Lead-
based Paint Hazards in Target Housing
3461 Addition of Toxicity Equivalency (TEQ)
Reporting and Quantity Data for Individual
Members of the Dioxin and Dioxm-like Compounds
Category Under EPCRA, Section 313
3463 TRI, Responses to Petitions Received To
Add or Delete or Modify Chemical Listings on the
Toxic Release Inventory
3464 Toxic Chemical Release Reporting Using
North Amencan Industrial Classification System
(NAICS)
3468 TRI; Review of Chemicals on the Original
TRI List
3469 TRI, Revisions to the Otherwise Use Activity
Exemptions and the Coal Extraction Activities
Exemption
3470 TRI, Pollution Prevention Act Information
Requirements
3472 TRI, Chemical Expansion, Fmalization of
Deferred Chemicals
3473 Revisions to the Comprehensive Guideline
for Procurement of Products Containing Recovered
Materials
3477 Revisions of the Lead-Acid Battery Export
Notification and Consent Requirements
3478 Land Disposal Restrictions Determination of
Equivalent Treatment for Macroencapsulation of
Radioactive Lead Solids, Definition of
Macroencapsulation
3481 RCRA Incentives for Performance Track
Members
3484 Methods Innovation Rule
3488 Modifications to RCRA Rules Associated
With Solvent-Contaminated Industrial Wipes 3493
Project XL Site-Specific Rulemaking for the IBM
Semiconductor Manufacturing Facility in Hopewell
Junction, New York
3494 Standards for the Management of Coal
Combustion Wastes—Nonpower Producers and
Minefilling
3495 Regulation of Hazardous Oil-Beanng
Secondary Materials from Petroleum Refining
Industry and Other Hazardous Secondary
Materials Processed in a Gasification System To
Produce Synthesis Gas—Final Rule
3496 RCRA Burden Reduction Initiative, Phase 2
3497 E-Cyclmg Pilot Project for Region 3 States
(ECOS), Streamlining RCRA Regulations To
Encourage Reuse, Recycling, and Recovery of
Electronic Equipment
3499 Listing Determination and LDR for Wastes
Generated During the Manufacture of Azo,
Anthraqumone, and Tnarylmethane Dyes and
Pigments
3500 Revision of Wastewater Treatment
Exemptions for Hazardous Waste Mixtures
3501 Revisions for Transboundary Shipments of
Hazardous Waste for Recovery Within the
Organization for Economic Cooperation and
Development
3502 RCRA Subtitle C Financial Test Cntena
(Revision)
3503 Criteria for Classification of Solid Waste
Disposal Facilities and Practices and Cntena for
Municipal Solid Waste Landfills Disposal of
Residential Lead-based Paint Waste
3506 Land Disposal Restrictions, Treatment
Standards for Spent Potliners From Primary
Aluminum Reduction (K088) and Regulatory
Classification of K088 Vitnfication Units
3508 National Priorities List for Uncontrolled
Hazardous Waste Sites Proposed and Final Rules
3511 Revise 40 CFR Part 35 Subpart O
Cooperative Agreements and Superfund State
Contracts for Superfund Response Actions
3515 Clanfication to Intenm Standards and
Practices for All Appropriate Inquiry Under
CERCLA and Notice of Future Rulemaking Action
3516 Water Quality Standards for Indian Country
Waters
3519 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
3521 Test Procedures. New and Updated Test
Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Dnnking Water Act
3524 Effluent Guidelines and Standards for the
Pulp, Paper, and Paperboard Point Source
Category, Dissolving Kraft and Dissolving Sulfite
Subcategones (Phase III)
3525 Effluent Guidelines and Standards for the
Concentrated Aquatic Animal Production Industry
3526 Effluent Guidelines and Standards for the
Meat and Poultry Products Point Source Category
(Revisions)
3527 Effluent Guidelines and Standards for the
Centralized Waste Treatment Point Source
Category (Revision)
3528 Water Quality Standards for Alabama-Phase
II
3530 Comparison of Dredged Matenal to
Reference Sediment
3531 Round 2 Standards for the Use or Disposal of
Sewage Sludge
3532 Modification to Competitive Process Used by
EPA for Wetland Program Development Grants
3534 Effluent Guidelines and Standards
Recodification of Various Effluent Guidelines
3535 Test Procedures for the Analysis of Trace
Metals Under the Clean Water Act
3536 Test Procedures. Increased Method
Flexibility for Test Procedures Approved for Clean
Water Act Compliance Monitoring
3537 Test Procedures Performance-based
Measurement System (PBMS) Procedures and
Guidance for Clean Water Act Test Procedures
3538 Test Procedures for the Analysis of Co-
Planar and Mono-Ortho-Substituted
Polychlorinated Biphenyls (PCBs) Under the Clean
Water Act
3539 Test Procedures Revisions to Method
Detection and Quantification for the Clean Water
Act
3540 Uniform National Discharge Standards for
Vessels of the Armed Forces-Phase II
-------
3541 Minimizing Adverse Environmental Impact
from Cooling Water Intake Structures at Existing
Facilities Under Section 316{b) of the Clean Water
Act, Phase 3
3542 Streamlining the General Pretreatment
Regulations for Existing and New Sources of
Pollution
3543 NPDES Streamlining Rule-Round III
3544 NPDES Permit Requirements for Municipal
Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary
Sewer Overflows, and Peak Excess Flow
Treatment Facilities
3545 Clean Water State Revolving Fund
Regulation Revisions Re Use as Matching Funds
3547 Effluent Guidelines and Standards for the
Metal Products and Machinery Category, Phases 1
and 2
3548 Effluent Guidelines and Standards for
Pharmaceutical Manufacturing Amendment
3549 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase One
3550 Test Procedures for the Analysis of Biological
Contaminants Under the Clean Water Act
3551 Test Procedures for the Analysis of
Miscellaneous Metals, Anions, and Volatile
Organics Under the Clean Water Act, Phase Two
3552 Test Procedures for the Analysis of Mercury
Under the Clean Water Act (Method 245 7)
3553 Minimizing Adverse Environmental Impacts
from Cooling Water Intake Structures Under
Section 316(b) of the Clean Water Act-Phase I
Revisions
3554 Clean Water Act Definition of Waters of the
United States
3555 National Primary Dnnking Water Regulations
Aldicarb
3556 Unregulated Contaminant Monitoring
Regulation for Public Water Systems Revisions
3563 National Pnmary Drinking Water Regulations
Analytical Method for Uranium
3564 National Primary Drinking Water Regulations
Radon
3566 National Pnmary Dnnking Water Regulations
Revisions to the Total Coliform Monitoring and
Analytical Requirements and Additional
Distribution System Requirements
3568 Underground Injection Control Update of
State Programs
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Federalism Index
E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism" (August 4, 1999; 64 FR 43255) directs agencies to have an
accountable process to ensure meaningful and timely input by State and local officials in the development
of regulatory policies that have "federalism implications." This term refers to actions "that 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." As part of this effort,
agencies, other than independent regulatory agencies, include in their submissions for the Unified Agenda
information on whether their regulatory actions have federalism implications.
The following index lists the regulatory actions in this publication that EPA believes may have federalism
implications. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this
edition.
Seq. No.
Title
126 National Primary Drinking Water Regulations: Groundwater Rule
127 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule
128 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule
3544 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment
Facilities
3564 National Primary Drinking Water Regulations: Radon
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Subject Index
F. SUBJECT INDEX TO THE UNIFIED AGENDA
The computer program used to produce the subject index for the EPA portion of the Unified Agenda is still
under development.
An on-line subject index for the entire Unified Agenda is available at:
http://ciir.cs. umass.edu/ua/Fall2003/indexes/Subject_lndex. html
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