&EPA
United States
Environmental Protection
Agency
Office Of Policy, Economics,
And Innovation
(2136)
EPA 230-Z-99-002 r
Reprinted —Federal Register
November 1999
Environmental Protection Agency
October 1999 Agenda Of
Regulatory And Deregulatory
Actions And Regulatory Plan
EPA believes that if the people affected by rules
take part in developing them, we will produce rules that
me clearer, less burdensome, and more effective
-------
October 1999 Agenda of Regulatory and Deregulatory
Actions and Regulatory Plan
We must inform and involve those -who
must live with the decisions we make -
the communities, the industries, the
people of this country.
Administrator
Carol M. Browner
United States
Environmental Protection Agency
Office of Policy, Economics, and Innovation
November 1999
U.S. Environmental Protection Agency
Region 5, Library (PL-12J)
77 West Jackson Boulevard, 12th Floor
Chicago, IL 60604-3590
-------
Contents
Agenda of Regulatory and Deregulatory Actions (reprint of Federal Register pages 65010 - 65167)
FY2000 Regulatory Plan (reprint of Federal Register pages 64023 - 64061)
Appendices
A. Index to Entries that Agency have Designated for Section 610 Review
B. Index to Entries for which a Regulatory Flexibility Analysis is Required
C. Index to Entries that may Affect Small Entities when a Regulatory Flexibility Analysis is Not Required
D. Index to Entries that may Affect that may Affect Government Levels
E. Subj ect Index to the Unified Agenda
-------
65010 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
Environmental Protection Agency (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Ch. I
FRL-6436-9
October 1999 Agenda of Regulatory
and Deregulatory Actions
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Agenda of Regulatory and Deregulatory
Actions to update the public about our:
• Regulations currently under
development,
• Reviews of existing regulations, and
• Rulemakings completed or canceled
since the last Agenda.
EPA believes that, if the people
affected by rules take part in developing
them, we will produce rules that are
clearer, less burdensome, and more
effective.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to receive copies
of future Agendas, please call Janice
Gray at (202) 260-5479; fax: (202) 260-
5478; or E-mail at gray.janice@epa.gov
There is no charge for the Agenda.
FOR FURTHER INFORMATION CONTACT: We
welcome your comments and
suggestions. If you have questions or
comments about a particular rule, please
get in touch with the agency contact
listed for that rule. If you have general
comments or questions about the EPA's
rulemaking process, please direct them
to: Philip Schwartz (2136),
Environmental Protection Agency, 401
M Street SW., Washington, DC 20460;
phone: (202) 260-5493, fax: (202) 260-
5478, e-mail: schwartz.philip@epa.gov.
You can also get daily, updated
information on current EPA
rulemakings from our Internet site on
environmental regulations. This site
includes the text of proposed and final
environmental rules issued by the EPA
and by other agencies. It also includes
an electronic version of this Agenda.
The site is at http://www.epa.gov/
epahome/rules.html and is part of EPA's
large agencywide Internet site that we
invite you to visit at
http://www.epa.gov. We expect that the
EPA web site will be an increasingly
important means of communication
between EPA and the public. We
inaugurated this site about 4 years ago,
and it has more than 100,000 documents
and files currently available on-line.
Table of Contents
Supplementary Information:
The Rulemaking Process
EPA's Regulatory Philosophy and
Priorities
Impacts on Small Entities
What Actions Are Included in the
Agenda?
How Is the Agenda Organized?
What Information Is in Agenda Entries?
SUPPLEMENTARY INFORMATION:
The Rulemaking Process
Congress has created a number of
requirements that agencies must meet
when they issue regulations. These
requirements are designed to support
the creation of quality regulations and
protect the rights of people affected by
agencies' rules. These requirements are
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act. You can find
information on many of these statutes at
http://www.law.cornell.edu/uscode/.
President Clinton has also ordered
that we meet a number of requirements
when we issue regulations. Of particular
significance for EPA rulemakings are
Executive Orders 12866 (Regulatory
Planning and Review), 13045
(Children's Health Protection), 13084
(Consultation and Coordination with
Indian Tribal Governments), and
13132(Federalism). You can find
information on Executive orders at
http://library.whitehouse.gov/.
We encourage you to take part in the
rulemaking process to make your views
known and help us craft rules that:
• Protect human health,
• Preserve and enhance the
environment, and
• Meet environmental goals without
being unnecessarily burdensome.
In addition to contacting the expert
responsible for developing a particular
rule, you also can comment on proposed
rules that we publish in the Federal
Register. Once we have proposed a rule,
we will consider your comments and
address them before issuing a final rule.
To be most effective, comments should
contain information and data which
support your position, and you should
explain why we should incorporate
your suggestion in the final rule. You
can be particularly helpful and
persuasive if you provide examples to
illustrate your concerns and offer
specific alternatives.
The Agenda also includes some of our
more important guidance documents.
While these documents are not legally
binding on EPA or outside parties, they
will guide our thinking in major policy
areas. We invite you to take part in
developing these documents.
EPA's Regulatory Philosophy and
Priorities
EPA's efforts to develop a system that
works better and costs less are focused
on five areas: Greater public access to
information, more regulatory flexibility
to obtain better results; stronger
partnerships with States, Tribes, and
industries, more compliance assistance,
and less paperwork and red tape. To
learn more about what we are
accomplishing in these areas please
refer to the "Statement of Regulatory
Priorities" contained in EPA's
regulatory plan in part 2 of this issue of
the Federal Register.
Impacts on Small Entities
Regulatory Flexibility Act
Considerations
The Regulatory Flexibility Act (RFA)
as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) requires that we pay
particular attention to the impact of
regulations on small entities (i.e., small
businesses, small governmental
jurisdictions, and small nonprofit
organizations). The RFA/SBREFA
applies to rules we are now developing
and requires us to:
1. Convene a Small Business Advocacy
Review (SBAR) Panel prior to
proposing any rule with the potential
to impose a significant economic
impact on a substantial number of
small entities (RFA section 609).
SBREFA also established the EPA's
Small Business Advocacy Chair who
chairs each SBAR Panel. A SBAR
Panel has four members: The Chair,
the Chief Counsel for Advocacy of the
Small Business Administration, the
Administrator of the Office of
Information and Regulatory Affairs
within the Office of Management and
Budget, and a senior manager from
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65011
EPA
the EPA program office responsible
for the subject rule. In the case of
rules requiring a SBAR Panel, the
Agency's small entity outreach prior
to the convening of a Panel
culminates in the development of a
summary document that contains
information on the potential impact of
a proposed rule on small entities, and
particularly on the issues referenced
in RFA section 609. This summary
then serves as the basis for convening
the Panel. The Panel then conducts its
review, carries out its own small
entity outreach, and prepares a final
report based on the comments from
the small entity representatives and
the Panel's deliberations. The Panel's
final report is provided to the EPA
Administrator and is made a part of
the rulemaking record. Rules listed in
the first appendix at the end of the
Agenda may require Small Business
Advocacy Review Panels.
2. At the proposed and final rule stages
of rule development, the Agency must
prepare a regulatory flexibility
analysis for any rule subject to notice
and comment rulemaking
requirements (RFA sections 603 and
604), unless the Administrator
certifies that the rule will not have a
"significant economic impact on a
substantial number of small entities"
(RFA section 605). A regulatory
flexibility analysis must, among other
items specified in the RFA, identify
the extent to which small entities will
be subject to the rule's requirements
and describe any significant
alternatives to the rule that
accomplish the objectives of
applicable statutes and which
minimize any significant economic
impacts on small entities. We have
listed in the first index at the end of
the Agenda all rules under
development that may require a
regulatory flexibility analysis.
3. RFA section 610 requires that an
agency review within 10 years of
promulgation those regulations that
have or will have a significant
economic impact on a substantial
number of small entities. We
undertake these reviews to decide
whether we should continue the rule
unchanged, amend it, or withdraw it.
We announce our forthcoming 610
reviews in the "Prerule" section of the
Agenda. We encourage small entities
to provide comments on the need to
change these rules. We will consider
all of your comments as we decide
whether to continue, amend, or
withdraw these rules. We particularly
encourage comments by small entities
about how rules could be made
clearer, more effective, or remove
conflicting or overlapping
requirements with other Federal or
State regulations. Please direct your
comments to the contact person listed
in the Agenda entry. If you have
general questions about our 610
review program or suggestions for
other rules we should review under
section 610, please contact Philip
Schwartz (2136), Environmental
Protection Agency, 401 M Street SW.,
Washington, DC 20460; fax: (202) 260-
5478, e-mail:
schwartz.philip@epa.gov.
Rules under Development Expected To
Have Some Impact on Small Entities,
but Not a Significant Impact on a
Substantial Number
In the "Small Entities Affected"
section, we indicate whether we expect
an action will have an impact on small
businesses, governments, or nonprofit
organizations, but one which is less
than a significant impact on a
substantial number. In the second index
at the end of the Agenda, we list all
actions that we believe will not have a
significant impact on a substantial
number of small entities but which will
have some impact on small entities.
What Actions Are Included in the
Agenda?
EPA includes regulations and certain
major policy documents in the Agenda.
We do not generally include minor
amendments or the following categories
of actions in the Agenda:
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes.
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Actions regarding pesticide tolerances
and food additive regulations;
decision documents defining and
establishing registration standards;
decision documents and termination
decisions for the Special Review
Registration process; and data call-in
requests made under section
3(c)(2)(B).
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
• Under the Clean Water Act: State
Water Quality Standards; Deletions
from the section 307 (a) list of toxic
pollutants; Suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
Delegations of NPDES authority to
States.
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
The Office of Management and Budget
has exempted most of these actions from
the Executive Order 12866 review
procedures. There is no legal
significance to the omission of an item
from the Agenda.
How Is the Agenda Organized?
In accordance with E.O. 12866, we
publish the EPA Agenda of Regulatory
and Deregulatory Actions in April and
October of each year as part of the
Unified Agenda of Federal Regulatory
and Deregulatory Actions.
We have organized this Agenda:
• First, by the law that would authorize
a particular regulation;
• Second, by the current stage of
development (proposal, final, etc.);
and
• Third, by the Regulatory Identifier
Number assigned by the Regulatory
Information Service Center
The following 14 sections deal with
13 laws that EPA administers and a
thirteenth broader section called
"General" that includes cross-cutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules:
1. General
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Toxic Substances Control Act
(TSCA)
6. The Emergency Planning and
Community Right-to-Know Act
(EPCRA)
7. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
8. The Resource Conservation and
Recovery Act (RCRA)
9. The Oil Pollution Act (OPA)
10. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
-------
65012
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
11. The Clean Water Act (CWA)
12. The Safe Drinking Water Act
(SDWA)
13. The Marine Protection, Research,
and Sanctuaries Act (MPRSA)
14. The Shore Protection Act (SPA)
In each of these 14 sections, there are
up to 5 headings covering the following
stages of rulemaking:
1. Prerulemakings—Prerulemaking
actions are intended to determine
whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations
required by section 610 of the
Regulatory Flexibility Act, requests
for public comment on the need for
regulatory action, or important
preregulatory policy proposals.
2. Proposed Rules—This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs)).
3. Final Rules—This section includes
rules that are within a year of final
promulgation.
4. Long-Term Actions—This section
includes rulemakings for which the
next scheduled regulatory action is
after September 2000.
5. Completed Actions—This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the April 1999 Agenda. It also
includes actions that we are no longer
considering. If an action appears in
the completed section, it will not
appear in future Agendas unless we
decide to initiate action again, in
which case it will appear as a new
entry. EPA also announces the results
of our Regulatory Flexibility Act
section 610 reviews in this section of
the Agenda.
Actions Listed in the Regulatory Plan
The Plan includes information about
the most significant actions that we will
publish between October 1, 1999, and
September 30, 2000, and about a few
rules that we expect to publish after this
time period. The Plan is published in
part 2 of today's Federal Register. Plan
entries include all of the Agenda data
fields described above, plus up to five
other types of information: Statement of
Need, Summary of the Legal Basis,
Alternatives, Anticipated Costs and
Benefits, and a discussion of Risks.
What Information Is in Agenda Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates where
the entry appears in the Agenda.
Title: Titles for new entries (those that
haven't appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below.
Economically Significant: As defined
in Executive Order 12866, a
rulemaking action that will have an
annual effect on the economy of $ 100
million or more or will adversely
affect in a material way the economy,
a sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
OMB reviews all economically
significant rules under E.O. 12866.
Other Significant: A rulemaking that
is not economically significant but is
considered significant by the agency.
This category includes rules that are
an EPA priority and rules that EPA
anticipates will be reviewed by the
Office of Management and Budget
under E.O. 12866 because they are
likely to:
• create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
• materially alter the budgetary
impact of entitlements, grants; user
fees, or loan programs or the rights
or obligations of recipients; or
• raise novel legal or policy issues.
Substantive, Nonsignificant: A
rulemaking that has substantive
impacts but is neither Significant, nor
Routine and Frequent, nor
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a multiple
recurring application of a regulatory
program in the Code of Federal
Regulations and that does not alter the
body of the regulation.
Informational/Administrative/Other:
A rulemaking that is primarily
informational or pertains to agency
matters not central to accomplishing
the agency's regulatory mandate but
that the agency places in the Agenda
to inform the public of the activity.
Also, if we believe that a rule may be
"major" as defined in the congressional
review provisions of the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) (5 U.S.C. 804; Pub. L.
104-121) because it is likely to result in
an annual effect on the economy of $100
million or more or meets other criteria
specified in this law, we indicate this
under the "Priority" heading with the
statement "Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the Code
of Federal Regulations that will be
affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the regulation will address; the
need for a Federal solution; to the extent
available, the alternatives that the
agency is considering to address the
problem; and the potential advantages
and disadvantages of the action.
Timetable: The dates (and citations) that
documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
a rule development. The projections in
the Agenda are our best estimates as of
the date we submit the Agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined." Dates
in 2000 or later are printed in the same
form as other dates, using the last two
digits of the year.
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
Regulatory Flexibility Act. Generally,
such an analysis is required for
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65013
EPA
proposed or final rules that EPA
believes may have a significant
economic impact on a substantial
number of small entities.
Small Entities Affected: Indicates which
small entities (businesses, governmental
jurisdictions, or organizations), if any,
may be affected by the rule.
Government Levels Affected: Indicates
whether the rule is expected to affect
levels of government and, if so, whether
the governments are State, local, tribal,
or Federal.
Unfunded Mandates: Section 202 of the
Unfunded Mandates Reform Act
requires an assessment of anticipated
costs and benefits if a rule includes a
mandate that may result in expenditures
of more than $100 million in any 1 year
by State, local, and tribal governments,
in the aggregate, or by the private sector.
If we expect to exceed the section 202
threshold, we note that in this section.
Reinventing Government: If an action is
part of the President's Reinventing
Government Initiative, we indicate it in
this section.
Agency Contact: The name, address,
phone number, and e-mail address, if
GENERAL—Proposed Rule Stage
available, of a person who is
knowledgeable about the regulation.
SAN Number: A code number that EPA
uses to identify and track rulemakings.
RIN: The Regulatory Information
Service Center assigns the Regulatory
Identifier Number (RIN) to identify and
track rulemakings.
The October 1999 EPA Agenda
follows.
Dated: September 3, 1999
Richard T. Farrell,
Associate Administrator, Office of Policy and
Reinvention.
Sequence
Number
3297
3298
3299
3300
3301
3302
3303
3304
3305
3306
3307
Title
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements
SAN No. 4180 Rewriting of EPA Regulations Implementing the Freedom of Information Act
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule
SAN No. 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 3629 EPA Mentor-Protege Program
SAN No. 3817 Implementation of Changes to 40 CFR Part 32
SAN No. 3876 Incrementally Funding Fixed Price Contracts
SAN No. 4226 Incorporating Informal Clauses (EP) Into the EPAAR
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 4351 Use of Letter Contracts - Notice to Proceed
Regulation
Identification
Number
2020- AA39
2020-AA40
2020- AA41
2020- AA42
2030- AA37
2030- AA40
2030- AA48
2030-AA50
2030- AA66
2030-AA67
2030- AA68
GENERAL—Final Rule Stage
Sequence
Number
3308
3309
3310
3311
3312
3313
3314
Title
SAN No. 3807 Consolidation of Good Laboratory Practice Standards (GLPS) Regulations Currently Under TSCA
and FIFRA Into One Rule
SAN No. 3874 Deletion of EPA Acquisition Regulations for Quality Systems for Environmental Programs ..
SAN No. 3736 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (State) Grant Reg-
ulation (Reg Plan Seq No. 123)
SAN No. 4128 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (Tribal) Grant
Rule (Reg Plan Seq No. 124)
SAN No. 4185 Electronic Funds Transfer
SAN No. 4187 EPAAR Coverage on Local Hiring and Training
SAN No. 3671 Guidelines for Carcinogen Risk Assessment
Regulation
Identification
Number
2020-AA26
2030- AA51
2030- AA55
2030-AA56
2030- AA57
2030-AA62
2080-AA06
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
GENERAL—Long Term Actions
Sequence
Number
3315
3316
3317
Title
SAN No. 3240 Public Information and Confidentiality Regulations
SAN No. 3933 Environmental Impact Assessment of Nongovernmental Activities in Antarctica
SAN No. 4191 Revision to EPAAR 1552.211-73, Level of Effort
Regulation
Identification
Number
2020- AA21
2020-AA34
2030- AA64
-------
65014
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
GENERAL—Completed Actions
Sequence
Number
3318
3319
3320
3321
3322
Title
SAN No 2662 Amendments to Part 22 Consolidated Procedural Rules
SAN No 4183 Agency Protest Solicitation Notification
SAN No 4184 Contracting by Negotiation ...
SAN No. 4186 EPAAR Coverage on Contractor Performance Evaluations ....
SAN No. 4188 Service Contracting — Avoiding Improper Personal Services Relationships
Regulation
Identification
Number
2020- AA1 3
2030-AA58
2030-AA59
2030- AA61
2030- AA63
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
Title
Regulation
Identification
Number
3323
SAN No. 4328 List of Regulated Substances and Thresholds for Accidental Release Prevention; Petition to Delist
Vinyl Acetate
2050-AE70
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
3324
3325
3326
3327
3328
3329
3330
3331
3332
3333
3334
3335
3336
3337
3338
3339
3340
3341
3342
3343
3344
3345
3346
3347
3348
3349
3350
3351
3352
3353
3354
3355
3356
3357
3358
Title
SAN No 2841 NESHAP' Chromium Electroplating Amendment
SAN No 1002 NAAQS' Sulfur Dioxide (Response to Remand) (Reg Plan Seq No. 103)
SAN No 3263 Performance Warranty and Inspection/Maintenance Test Procedures
SAN No 3262 Inspection/Maintenance Recall Requirements ......
SAN No 3343 NESHAP' Iron Foundries and Steel Foundries
SAN No 3341 NESHAP' Cyanide Chemicals Manufacturing
SAN No 3346 NESHAP' Integrated Iron and Steel . ... .. ...
SAN No 3326 NESHAP' Reinforced Plastic Composites Production
SAN No 3452 NESHAP' Miscellaneous Organic Chemical Production and Processes
SAN No 3449 NESHAP' Chlorine Production ...
SAN No. 3407 Method 301: Field Validation of Pollution Measurement Methods for Various Media; Revisions
SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models)
SAN No 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63
SAN No 3412 Operating Permits' Revisions (Part 70) (Reg Plan Seq No 104) ..
SAN No 3649 Amendments to Method 24 (Water-Based Coatings) ....
SAN No. 3613 New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid
Waste Incineration Units
SAN No. 3568 Environmental Radiation Protection Standards for Yucca Mountain, Nevada (Reg Plan Seq No.
105) ...
SAN No 3673 Protection of Stratospheric Ozone' Reconsideration of Section 608 Sales Restriction
SAN No 3747 NESHAP' Boat Manufacturing
SAN No 3749 NESHAP' Tire Manufacturing
SAN No 3820 NESHAP' Plywood and Composite Wood Products
SAN No 3821 NESHAP' Ethylene Processes .
SAN No 3823 NESHAP' Large Appliance (Surface Coating)
SAN No 3824 Metal Furniture (Surface Coatings) NESHAP
SAN No 3827 Paper and Other Web Coating NESHAP
SAN No 3656 NESHAP/NSPS' Reciprocating Internal Combustion Engine
SAN No 3655 NESHAP' Asphalt Roofing and Processing ...
SAN No 3657 NESHAP' Combustion Turbine ..
SAN No 3837 NESHAP' Industrial Commercial and Institutional Boilers (Reg Plan Seq No. 106)
SAN No 3906 NESHAP' Metal Can (Surface Coating) Industry ..
SAN No 3905 NESHAP' Metal Coil (Surface Coating) Industry .
SAN No 3924 NESHAP' Primary Magnesium Refining ..
SAN No 3970 NESHAP' Miscellaneous Cellulose Production .. .
SAN No 3969 NESHAP' Municipal Solid Waste Landfills
SAN No. 3964 NESHAP: Leather Tannino and Finishma Operations
Regulation
Identification
Number
2060- AH08
2060- AA61
2060- AE20
2060-AE22
2060-AE43
2060-AE45
2060-AE48
2060-AE79
2060-AE82
2060-AE85
2060-AFOO
2060-AF01
2060-AF31
2060-AF70
2060-AF72
2060-AF91
2060- AG 14
2060-AG20
2060-AG27
2060-AG29
2060-AG52
2060-AG53
2060-AG54
2060-AG55
2060-AG58
2060-AG63
2060-AG66
2060-AG67
2060-AG69
2060-AG96
2060-AG97
2060-AH03
2060-AH1 1
2060-AH13
2060-AH17
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65015
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3359 SAN No. 3962 NESHAP: Manufacture of Carbon Black 2060-AH19
3360 SAN No. 3903 NESHAP: Vegetable Oil Production 2060-AH22
3361 SAN No. 3986 Consolidated Emission Reporting Rule 2060-AH25
3362 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
3363 SAN No. 3910 Streamlined Evaporative Test Procedures 2060-AH34
3364 SAN No. 3975 Review of Minor New Sources and Modifications in Indian Country 2060-AH37
3365 SAN No. 3979 Review of Federal Test Procedures for Emissions From Motor Vehicles; Test Procedure Adjust-
ments to Fuel Economy and Emission Test Results 2060-AH38
3366 SAN No. 3971 NESHAP: Organic Liquid Distribution 2060-AH41
3367 SAN No. 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas 2060-AH53
3368 SAN No. 4022 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks 2060-AH55
3369 SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import &
Export 2060-AH67
3370 SAN No. 4105 NESHAP: Carbon Black Production 2060-AH68
3371 SAN No. 4123 NESHAP: for Source Category: Pulp and Paper Production; Amendments to the Promulgated Rule 2060-AH74
3372 SAN No. 4103 NESHAP: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Industry
(SOCMI) & Other Processes Subject to the Negotiated Regulation for Equipment Leaks 2060-AH81
3373 SAN No. 4114 NESHAP: Polyvinyl Chloride and CoPolymers Production 2060-AH82
3374 SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Mon-
itoring Systems in Stationary Sources 2060-AH84
3375 SAN No. 4082 NESHAP: Wet-formed Fiberglass Mat Production 2060-AH89
3376 SAN No. 4003 Technical Change to Dose Methodology for 40 CFR 191, Subpart A 2060-AH90
3377 SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71 Regarding the Provisions for Determining Potential To
Emit 2060-AI01
3378 SAN No. 4154 Control of Emissions From Nonroad Spark-Ignition Engines Rated Over 19 kW and New Land-
Based Recreational Spark-Ignition Engines 2060-AI11
3379 SAN No. 4043 Control of Emissions of Air Pollution From 2004 and Later Model Year Heavy-Duty Highway En-
gines and Vehicles; Revision of Light-Duty Truck Definition 2060-AI12
3380 SAN No. 4245 Consumer and Commercial Products: Flexible Package Printing Materials: Determination on Con-
trol Techniques Guidelines in Lieu of Regulation 2060-AI31
3381 SAN No. 4251 Control of Emissions of Air Pollution from New Compression-Ignition and Spark-Ignition Rec-
reational Marine Engines 2060-AI36
3382 SAN No. 4252 Protection of Stratospheric Ozone: Manufacture of Halon Blends, Intentional Release of Halon,
Technical Training and Disposal of Halon and Halon-Containing Equipment - Amendment 2060-AI40
3383 SAN No. 4271 Protection of Stratospheric Ozone: Additional Steps to conform US Methyl Bromide Program to
Obligations under the Montreal Protocol and Recent Changes to the CAA 2060-AI41
3384 SAN No. 4253 Protection of Stratospheric Ozone- Process for Exempting Quarantine and Preshipment Methyl
Bromide Used in the United States and Baseline Adjustments 2060-AI42
3385 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3386 SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter (Reg Plan Seq No.
107) 2060-AI44
3387 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate .. 2060-AI45
3388 SAN No. 4243 Standards and Guidelines for Small Municipal Waste Combustion Units 2060-AI51
3389 SAN No. 4284 Revision of Schedule for Standards Under section 112 of the Clean Air Act 2060-AI52
3390 SAN No. 4285 Control of Emissions of Hazardous Pollutants from Motor Vehicles and Motor Vehicle Fuels 2060-AI55
3391 SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision (Reg Plan
Seq No. 108) 2060-AI56
3392 SAN No. 4272 Area Source Title V Operating Permit Deferrals 2060-AI58
3393 SAN No. 4333 Decision on a Petition from the Territory of American Samoa to be Exempted from the Gasoline
Anti-dumping Regulations 2060-AI60
3394 SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments 2060-AI62
3395 SAN No. 4287 National Volatile Organic Compound Emission Standard for Architectural Coatings; Proposed
Amendments 2060-AI63
3396 SAN No. 4310 NESHAP for the Printing and Publishing Industry; Amendments 2060-AI66
3397 SAN No. 4355 Heavy-Duty Engine Emission Standards and Diesel Fuel Sulfur Control Requirements (Reg Plan
Seq No. 109) 2060-AI69
3398 SAN No. 4356 Regulation of Fuels and Fuel Additives: Extension of Reformulated Gasoline Program to the Kan-
sas City, KS Former Ozone Nonattainment Area 2060-AI70
-------
65016
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
3399
3400
3401
3402
3403
3404
3405
3406
3407
3408
3409
3410
3411
3412
3413
Title
SAN No. 4313 Petitions to Delist Hazardous Air Pollutants (e.g., MEK, EGBE, Methanol, and MIBK) from Section
112(b)(1) of the Clean Air Act
SAN No 4318 Protection of Stratospheric Ozone: Allocation of 2000 Essential-Use Allowances
SAN No 4352 Transportation Conformity Amendment: Deletion of Grace Period
SAN No. 4353 Amendments to the Aerospace Manufacturing and Rework Facilities NESHAP for the Hap and
Voc Content Limits for Primer Operations and Stay of Compliance . ...
SAN No. 4354 National Emission Standards for Hazardous Air Pollutants for Source Categories - Pharma-
ceuticals Production' Proposed Amendments
SAN No. 4273 Proposed Rule to Amend Subpart H, 40 CFR Part 61 for Emissions of Radionuchdes Other Than
Radon from DOE Facilities
SAN No 4304 National Ambient Air Quality Standard for Ozone - Corrections Notice
SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
Particulate Matter as PM2.5
SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule
SAN No 4358 Regulation of Fuels and Fuel Additives' Reformulated Gasoline Adjustment
SAN No. 4273 Proposed Rule to Amend Subpart H, 40 CFR Part 61 for Emissions of Radionuclides Other Than
Radon from DOE Facilities
SAN No 4304 National Ambient Air Quality Standard for Ozone - Corrections Notice
SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
Particulate Matter as PM2 5
SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule
SAN No. 4358 Peculation of Fuels and Fuel Additives'. Reformulated Gasoline Adiustment
Regulation
Identification
Number
2060-AI72
2060-AI73
2060-AI76
2060-AI77
2060-AI78
2060-AI81
2060-AI86
2060-AI87
2060-AI88
2060-AI89
2060-AI90
2060-AI95
2060-AI96
2060-AI97
2060-AI98
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
3414
3415
3416
3417
3418
3419
3420
3421
3422
3423
3424
3425
3426
3427
3428
3429
3430
Title
SAN No. 4291 List of Regulated Substances and Thresholds for Accidental Release Prevention; Proposed
SAN No 3259 New Source Review (NSR) Reform (Reg Plan Seq No. 125)
SAN No. 3361 Nonroad Spark-Ignition Engines At or Below 19 Kilowatts (25 Horsepower) (Phase 2) (Reg Plan
Seq No 126)
SAN No 3228 NESHAP" Manufacturing of Amino and Phenolic Resins (Polymers and Resins Group III)
SAN No 3304 NESHAP' Phosphate Fertilizers Production .
SAN No 3340 NESHAP' Primary Copper Smelting
SAN No 3078 NESHAP' Secondary Aluminum Industry
SAN No. 3380 NSPS: Synthetic Organic Chemicals Manufacturing Industry - Wastewater (FINAL) & Amend, to
Appendix C of Part 63 & Appendix J of Part 61
SAN No 3377 NESHAP' Publicly Owned Treatment Works (POTW)
SAN No 3549 NESHAP' Petroleum Refineries FCC Units Reformers and Sulfur Plants
SAN No. 3553 Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations (Reg Plan Seq No. 127)
SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under
Section 608
SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
SAN No. 3569 Source Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN No. 2915 Methods for Measurement of Visible Emissions— Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51
SAN No. 3637 Federal Implementation Plan (FIP) To Control Emissions From Sources Located on the Fort Hall
SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under the Significant New Alter-
natives Policv (SNAP) Proaram
Regulation
Identification
Number
2050-AE72
2060-AE1 1
2060-AE29
2060-AE36
2060-AE44
2060-AE46
2060-AE77
2060-AE94
2060-AF26
2060-AF28
2060-AF34
2060-AF36
2060-AF37
2060-AF42
2060-AF83
2060-AF84
2060- AG 12
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65017
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3431 SAN No. 3741 Service Information Availability 2060-AG13
3432 SAN No. 3743 Amendments for Testing and Monitoring Provisions to Part 60, Part 61, and Part 63 2060-AG21
3433 SAN No. 3744 Amendment to Standards of Performance for New Stationary Sources; Monitoring Requirements
(PS-1) 2060-AG22
3434 SAN No. 3748 Consolidated Federal Air Rule for the Synthetic Organic Chemical Manufacturing Industry (Reg
PlanSeqNo. 128) 2060-AG28
3435 SAN No. 3819 NSPS: Sewage Sludge Incinerators 2060-AG50
3436 SAN No. 3829 Revisions to the Regulation for Approval of State Programs and Delegation of Federal Authorities
112(1) 2060-AG60
3437 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
3438 SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR Part 51 (Method 203) 2060-AH23
3439 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins and Group IV Poly-
mers and Resins 2060-AH47
3440 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
3441 SAN No. 4115 NESHAP: Chromium Electroplating Amendment 2060-AH69
3442 SAN No. 4095 Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Re-
ducing Interstate Ozone Transport 2060-AH88
3443 SAN No. 4108 NESHAP: Off-Site Waste and Recovery Operations; Final Rule—Settlement Agreement; and
NESHAP for Off-Site Waste and Recovery Operations; Technical Amendments 2060-AH96
3444 SAN No. 4077 Protection of Stratospheric Ozone: Reconsideration on the 610 Nonessential Products Ban 2060-AH99
3445 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3446 SAN No. 4159 Redefinition of Glycol Ethers Listed as HAPs Under the Clean Air Act, and Hazardous Substances
Under CERCLA 2060-AI08
3447 SAN No. 4162 NESHAP: Oil and Natural Gas Production and NESHAP: Natural Gas Transmission and Storage,
Amendments 2060-AI13
3448 SAN No. 4165 Optional Certification Streamlining Procedures for LDVs, LDTs, and HDEs 2060-AI15
3449 SAN No. 4078 Control of Emissions of Air Pollution From New Marine Diesel Engines At or Above 37 Kilowatts ... 2060-AI17
3450 SAN No. 4211 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards
(Reg Plan Seq No. 129) 2060-AI23
3451 SAN No. 4219 Hospital/Medical/Infectious Waste Incinerators—Federal Plan (Federal Plan for existing
Hospital/Medical/lnfectious Waste Incinerators) 2060-AI25
3452 SAN No. 4244 Amendment to Regulations Governing Equivalent Emission Limitations by Permit 2060-AI28
3453 SAN No. 4222 NESHAP: Ethylene Oxide Commercial Sterilization and Fumigation Operations 2060-AI37
3454 SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan 2060-AI49
3455 SAN No. 4066 Federal Plan Requirements for Municipal Solid Waste Landfills that Commenced Construction
Prior to 5/30/91 and Have Not Been Modified or Reconstructed Since 5/30/91 2060-AI50
3456 SAN No. 4289 Process Wastewater Provisions of the Generic MACT 2060-AI53
3457 SAN No. 4335 Revisions to Promulgation of Federal Implementation Plan for Arizona - Mancopa Nonattainment
Area PM-10 Test Methods 2060-AI54
3458 SAN No. 4295 Additional Flexibility Amendments to Inspection Maintenance Program Requirements; Amend-
ments to the Final Rule 2060-AI61
3459 SAN No. 4316 NESHAP for Ethylene Oxide Commercial Sterilization Operations-Monitoring Amendments 2060-AI64
3460 SAN No. 4286 National Emission Standards for Benzene Emissions from Coke By-Product Recovery Plants (Part
61, subpart L) 2060-AI65
3461 SAN No. 4282 Technical Amendment to the Finding of Significant Contribution and Rulemaking for Certain States
for Purposes of Reducing Regional Transport of Ozone (The "NOx SIP Call" rule) 2060-AI71
3462 SAN No. 4315 Source Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2060-AI79
3463 SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts and Rhode Island 2060-AI80
3464 SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes 2060-AI85
3465 SAN No. 4275 Amendment to National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent
Cleaning 2060-AI91
3466 SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes 2060-AI94
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
-------
65018
EPA
Sequence
Number
3467
3468
3469
3470
3471
3472
3473
3474
3475
3476
3477
3478
3479
3480
3481
3482
3483
3484
3485
3486
3487
3488
3489
3490
3491
3492
3493
3494
3495
3496
3497
3498
3499
3500
3501
3502
3503
3504
3505
3506
3507
3508
3509
Federal Register/Vol. 64, No. 224/Monday, November 22, 1 999 / Unified Agenda
CLEAN AIR ACT (CAA)— Long Term Actions
Title
SAN No 2937 Field Citation Program
SAN No. 3139 Location of Selective Enforcement Audits of Foreign Manufactured Vehicles and Engines; Amend-
ment . . /
SAN No 3550 NESHAP' Manufacturing of Nutritional Yeast
SAN No 3746 NESHAP' Paint Stripping Operations
SAN No. 3751 NSPS: New Source Performance Standards and Emission Guidelines for Other Solid Waste Incin-
erators
SAN No 3754 Petroleum Solvent Dry Cleaners Maximum Achievable Control Technology (MACT) Standard
SAN No 3825 NESHAP' Miscellaneous Metal Parts and Products (Surface Coating)
SAN No 3826 Plastic Parts (Surface Coating) NESHAP
SAN No 3652 NESHAP' Refractories Manufacturing
SAN No 3651 NESHAP: Lime Manufacturing
SAN No 3899 NESHAP' Friction Products Manufacturing
SAN No 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program
SAN No 3902 NESHAP' Semiconductor Production
SAN No 3909 NESHAP' Fabric Printing Coating and Dyeing
SAN No 3907 NESHAP' Automobile and Light-Duty Truck Manufacturing (Surface Coating)
SAN No 3908 Offset Lithographic Printing National VOC Rule
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas
SAN No 3904 NESHAP' Wood Building Products (Surface Coating)
SAN No 3968 NESHAP' Site Remediation
SAN No 3967 NESHAP' Spandex Production .
SAN No 3972 NESHAP' Rocket Engine Test Firing
SAN No 3973 NESHAP' Flexible Polyurethane Foam Fabrication Operations
SAN No. 4045 Rulemaking To Modify the List of Source Categories From Which Fugitive Emissions Are Consid-
ered in Major Source Determinations .. ..
SAN No 4110 NESHAP' Alumina Processing
SAN No. 4111 NESHAP' Fumed Silica Production
SAN No 4102 NESHAP' Taconite Iron Ore Processing
SAN No 4104 NESHAP' Hydrochloric Acid Production Industry .
SAN No 4116 NESHAP' Ammonium Sulphate Production (Caprolactam By-Product)
SAN No 4107 NESHAP' Asphalt/Coal Tar Application on Metal Pipes
SAN No 4113 NESHAP' Clay Products Minerals
SAN No 4112 NESHAP' Hydrogen Chloride Production
SAN No 4098 NESHAP' Uranium Hexafluoride Production .
SAN No. 4096 Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the Eastern
United States
SAN No 4070 General Conformity Regulations' Revisions
SAN No. 4240 NESHAP: Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand Alone
Semichemical Pulp Mills .
SAN No 4218 NESHAP' Process Heaters
SAN No. 3626 Protection of Stratospheric Ozone: Amendment to Transshipment Provision in Final Rule Accel-
erating the Phaseout of Ozone-Depleting Substances
SAN No 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H 40 CFR Part 51)
SAN No. 4274 Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour
Standard is No Longer Applicable (7 areas) . .
SAN No 4325 NESHAP' Brick and Structural Clay Products
SAN No 4343 NESHAP' Ceramics
SAN No 4144 NESHAP' Engine Test Facilities
SAN No 4346 NESHAP Lightweight Aggregate
Regulation
Identification
Number
2020- AA32
2060-AD90
2060-AF30
2060-AG26
2060-AG31
2060-AG34
2060-AG56
2060-AG57
2060-AG68
2060-AG72
2060-AG87
2060-AG92
2060-AG93
2060-AG98
2060-AG99
2060-AHOO
2060-AH01
2060-AH02
2060-AH12
2060- AH 14
2060-AH35
2060-AH42
2060-AH58
2060-AH70
2060-AH72
2060- AH73
2060-AH75
2060-AH77
2060-AH78
2060-AH79
2060-AH80
2060-AH83
2060-AH87
2060-AH93
2060-AI34
2060-AI35
2060-AI46
2060-AI47
2060-AI57
2060-AI67
2060-AI68
2060-AI74
2060-AI75
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65019
EPA
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
3510
3511
3512
3513
3514
3515
3516
3517
3518
3519
3520
3521
3522
3523
3524
3525
3526
3527
3528
3529
3530
3531
3532
3533
3534
3535
3536
3537
3538
3539
3540
3541
3542
3543
3544
3545
3546
3547
3548
3549
3550
3551
Title
SAN No. 4279 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act Section 112(r)(7)' Amendments to the Worst-Case Release Scenario Analysis for Regulated
SAN No 3105 Integrated NESHAP and Effluent Guidelines' Pulp and Paper
SAN No 3461 NESHAP' Mineral Wool Production Industry
SAN No 3229 NESHAP' Oil and Natural Gas Production and Natural Gas Transmission and Storage
SAN No 3303 NESHAP' Phosphoric Acid Manufacturing
SAN No 3345 NESHAP' Steel Pickling HC1 Process
SAN No 3123 NESHAP' Wool Fiberglass Manufacturing Industry
SAN No 3079 NESHAP' Portland Cement Manufacturing
SAN No 3408 NESHAP' Polyether Polyols Production
SAN No 3450 NESHAP' Pesticide Active Ingredient Production (Production of Agricultural Chemicals)
SAN No 3467 NESHAP' Primary Lead Smelters
SAN No 3378 NESHAP' Acryhc/Modacrylic Fibers Manufacturing
SAN No 3465 NESHAP' Polycarbonates Production
SAN No 3082 NESHAP' Ferroalloy Production . ...
SAN No 3640 Supplemental Rule To Require Certain Products Made With HCFCs To Bear Warning Label
SAN No 3808 Acid Rain Program' Continuous Emission Monitoring (CEM) Rule Revisions
SAN No. 3828 Consumer & Commercial Products: Wood Furniture, Aerospace, Shipbuilding and Ship Repair
Coatings* Control Techniques Guidelines in Lieu of Regulations
SAN No. 3610 Transportation Conformity Rule Amendment and Solicitation for Participation in the Pilot Program
SAN No 3868 Federal Operating Permits Program in Indian Country
SAN No. 3901 Generic MACT for Source Categories (Acrylic Modacrylic Fibers, Polycarbonates, Hydrogen Fluo-
ride and Acetal Resins)
SAN No 3654 NESHAP' Hydrogen Fluoride Production ....
SAN No 3913 Revision to the Light-Duty Vehicle Emission Compliance Procedure (CAP 2000)
SAN No 3966 Storage Tank Rule Revisions
SAN No 3959 National Air Toxics Program" The Integrated Urban Strategy Notice
SAN No. 3983 Protection of Stratospheric Ozone: Servicing of Motor Vehicle Air Conditioners: Standards for
Equipment That Recovers and Recycles Refrigerants Other Than CFC-12 and HFC-134a
SAN No. 4106 Final Rule To Amend the National Emission Standards for Magnetic Tape Manufacturing Oper-
ations .
SAN No 4073 Air Quality Index Reporting
SAN No 4125 Electric Arc Furnace NSPS Amendment
SAN No. 4130 Acid Rain Program: Proposed Revision of Test Method 1, 2, and 2F for Measuring Volumetric
Flow in Stacks
SAN No. 4148 Conformity Pilot
SAN No. 4206 Protection of Stratospheric Ozone: Incorporation of Montreal Protocol Adjustment for a 1999 In-
terim Reduction in Class I, Group VI Controlled Substances
SAN No. 4242 Acid Rain Program Permits Regulations and SO2 Allowance System: Compliance Determination ..
SAN No. 4267 Regulation of Fuel and Fuel Additives: Modification of Compliance Baseline
SAN No 4246 Consumer and Commercial Products' Revised Schedule for Regulation
SAN No. 4268 Control of Diesel Fuel Quality
SAN No. 3961 No Backsliding Rule for PM-10 Nonattainment Areas
SAN No. 4256 Revisions to Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the
Atmosphere
SAN No. 4277 Direct Final Amendment to Extent the 112J Permit Application Deadline for 7-year MACT Stand-
ards to 1 2/1 5/99
SAN No. 4275 Amendment to National Emission Standards for Hazardous Air Pollutants'. Halogenated Solvent
Cleaning
SAN No. 4275 Amendment to National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent
Cleaning
SAN No. 4296 Coke Oven NESHAP Amendment
SAN No. 4296 Coke Oven NESHAP Amendment
Regulation
Identification
Number
2050-AE71
2060-AD03
2060-AE08
2060-AE34
2060-AE40
2060-AE41
2060-AE75
2060-AE78
2060- AE81
2060-AE84
2060-AE97
2060-AF06
2060-AF09
2060-AF29
2060-AF93
2060-AG46
2060-AG59
2060-AG79
2060-AG90
2060-AG91
2060-AG94
2060-AH05
2060- AH1 5
2060-AH21
2060-AH29
2060- AH71
2060-AH92
2060-AH95
2060-AH97
2060-AI14
2060-AI24
2060-AI27
2060-AI29
2060-AI30
2060-AI32
2060-AI39
2060-AI48
2060-AI59
2060-AI82
2060-AI83
2060-AI84
2060-AI93
-------
65020
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3552 SAN No. 4054 Environmental Radiation Protection Standards tor the Disposal of Low-Activity Mixed Radioactive
Waste 2060-AH63
ATOMIC ENERGY ACT (AEA)—Long Term Actions
Seauence Regulation
NJmber Title Identification
NumDer Number
3553 SAN No. 3602 Protective Action Guidance for Drinking Water 2060-AF39
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage
Regulation
™e
3554 SAN No. 4170 Pesticides; Procedures for Registration Review Program 2070-AD29
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Regulation
Title Identification
Number
3555 SAN No. 2687 Data Requirements for Pesticide Registration (Revision) 2070-AC12
3556 SAN No. 4143 Endocrine Disrupter Screening Program 2070-AD26
3557 SAN No. 4173 Data Requirements for Antimicrobial Registrations 2070-AD30
3558 SAN No. 4216 Regulatory Review of Pesticide Emergency Exemption Regulations 2070-AD36
3559 SAN No. 4260 Status of Pesticide-Treated Seeds under FIFRA 2070-AD37
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence Title Idl^ificaton
Number Number
3560 SAN No. 3432 Pesticide Management and Disposal 2020-AA33
3561 SAN No. 2659 Pesticide Management and Disposal: Standards for Pesticide Containers and Containment 2070-AB95
3562 SAN No. 2684 Exemptions for Plant Pesticides Regulated Under FIFRA and FFDCA 2070-AC02
3563 SAN No. 3222 Ground Water and Pesticide Management Plan (Reg Plan Seq No. 130) 2070-AC46
3564 SAN No. 3731 WPS; Pesticide Worker Protection Standard; Glove Amendment 2070-AC93
3565 SAN No. 3890 Tolerances for Pesticide Emergency Exemptions 2070-AD15
3566 SAN No. 4347 Registration of Granular Fertilizer-Pesticide Combination Products 2070-AD40
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)—Long Term Actions
Regulation
Tltle Identification
Number
3567 SAN No. 2720 Policy or Procedures for Notification to the Agency of Stored Pesticides With Cancelled or Sus-
pended Registration 2020-AA29
3568 SAN No. 3892 Registration Requirements for Antimicrobial Pesticide Products; and Other Pesticide Regulatory
Changes 2070-AD14
3569 SAN No. 4027 Pesticides; Tolerance Processing Fees 2070-AD23
3570 SAN No. 4175 Pesticide Tolerance Reassessment Program 2070-AD24
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65021
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
3571
Title
SAN No 4026 Exemption of Certain Pesticide Substances From FIFRA Requirements
Regulation
Identification
Number
2070-AD21
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3572
3573
3574
3575
3576
3577
3578
3579
3580
3581
3582
3583
3584
3585
3586
3587
3588
Title
SAN No 1923 Follow-Up Rules on Existing Chemicals
SAN No. 3494 Test Rules; Generic Entry for Proposed Decisions
SAN No. 2245 Test Rules; Negotiated Consent Order and Test Rule Procedures
SAN No 2563 Test Rule- ATSDR Substances
SAN No 2865 Children's Health Test Initiative
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 3301 TSCA Inventory Update Rule Amendments (Reg Plan Seq No. 110)
SAN No. 4376 Lead-Based Paint Activities Rules; Training, Accreditation, and Certification Rule and Model State
Plan Rule — Building and Structures Section 402(a)
SAN No 2249 Asbestos Worker Protection Rule Amendments
SAN No. 3557 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section
402(c)(3)
SAN No. 3243 Lead; Overview of Rulemakings Under TSCA Section 402, Lead-Based Paint Activities for the Reg-
ulatory Plan (Reg Plan Seq No. 111)
SAN No. 3882 Test Rule for Certain Metals
SAN No. 3894 TSCA Biotechnology Follow-Up Rules
SAN No 3990 Multi-Chemical Test Rule; High Production Volume Chemicals
SAN No. 4176 Chemical Right-to-Know Initiative (Reg Plan Seq No. 112)
SAN No. 4174 TSCA Section 4 Enforceable Consent Agreement for Certain Oxygenated Fuel Additives
SAN No. 4172 Lead-Based Paint: Notification of Commencement of Abatement Activities (Section 402(a^
Regulation
Identification
Number
2070- AA58
2070-AB07
2070-AB30
2070-AB79
2070-AC27
2070-AC51
2070-AC61
2070-AC64
2070-AC66
2070-AC83
2070-AD06
2070- AD 10
2070-AD1 3
2070-AD16
2070-AD25
2070-AD28
2070-AD31
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
3589
3590
3591
3592
3593
3594
3595
3596
3597
3598
3599
3600
3601
3602
Title
SAN No. 1976 Follow-Up Rules on Non-5(e) New Chemical Substances
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. 2150 PCBs; Polychlorinated Biphenyls; Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce
SAN No. 3495 Chemical-Specific Significant New Use Rules (SNURs) To Extend Provisions of Section 5(e) Or-
ders
SAN No. 3493 Test Rules; Generic Entry for Final Decisions
SAN No. 2779 Acrylamide; Ban on Use of Acrylamide for Grouting
SAN No. 3528 Refractory Ceramic Fibers; Significant New Use Rules on National Program Chemicals ..
SAN No. 3021 PCBs; Polychlorinated Biphenyls (PCBs) Transformer Reclassification Rule
SAN No. 3243 Lead; TSCA Section 403; Identification of Dangerous Levels of Lead (Reg Plan Seq No. 131)
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 3118 TSCA Section 8(e) Policy; Notice of Clarification
SAN No. 3559 Notice of TSCA Section 4 Reimbursement Period and TSCA Section 12(b) Export Notification Pe-
riod Sunset Dates for TSCA Section 4 Substances
SAN No. 4179 PCBs; Polychlorinated Biphenyl; Use Authorizations
Regulation
Identification
Number
2070-AA59
2070- AB08
2070-AB1 1
2070-AB20
2070- AB27
2070-AB94
2070-AC17
2070-AC37
2070-AC39
2070-AC63
2070- AC7 6
2070-AC80
2070-AC84
2070-AD27
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
-------
65022
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3603 SAN No. 3252 Lead; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) To Reduce Lead
(Pb) Consumption and Use 2070-AC21
3604 SAN No. 3508 Lead; Management and Disposal of Lead-Based Paint Debris Section 402(a) 2070-AC72
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Regulation
er Title Identification
Number
3605 SAN No. 3047 Asbestos-Containing Materials in Schools Rule Amendments 2070-AC62
3606 SAN No. 3480 Guidance on Environmentally Preferable Purchasing for Federal Agencies 2070-AC78
3607 SAN No. 3881 Lead-Based Paint; Fees for Accreditation and Certification Activities Section 402(a)(3) 2070-AD11
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Prerule Stage
Regulation
3608 SAN No. 4023 TRI; Addition of Oil and Gas Exploration and Production to the Toxic Release Inventory (Reg Plan
Seq No. 102) 2070-AD19
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
Regulation
3609 SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory 2070-ACOO
3610 SAN No. 2847 TRI; Pollution Prevention Act Information Requirements 2070-AC24
3611 SAN No. 3007 TRI; Chemical Expansion; Fmahzation of Deferred Chemicals 2070-AC47
3612 SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Ex-
emption 2070-AD39
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
Regulation
Title Identification
Number
3613 SAN No. 3880 TRI; Reporting Threshold Amendment for Certain Persistent and Bioaccumulative Toxic Chemicals
(PBTs) (Reg Plan Seq No. 132) 2070-AD09
3614 SAN No. 4259 TRI; Lowering of EPCRA Section 313 Reporting Thresholds for Lead and Lead Compounds (Reg
Plan Seq No. 133) ". | 2070-AD38
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long Term Actions
Sequence I ~
Number Number
3615 SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule 2050-AE17
3616 SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet from the Extremely Hazardous Sub-
stances (EHSs) List 2050-AE42
3617 SAN No. 3993 Modification of Threshold Planning Quantity for Isophorone Diisocyanate 2050-AE43
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65023
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long Term Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3618 SAN No. 3877 TRI; Data Expansion Amendments; Toxic Chemical Release Reporting; Community Right-to-Know 2070-AD08
3619 SAN No. 4015 TRI; Review of Chemicals on the Original TRI List 2070-AD18
CHEMICAL SAFETY INFORMATION, SITE SECURITY AND FUELS REGULATORY RELIEF ACT—Final Rule
Stage
Regulation
Tltle Identification
Number
3620 SAN No. 4302 Amendments to the List of Regulated Substances and Thresholds for Accidental Release Preven-
tion; Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail Facilities 2050-AE74
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Regulation
ide^n
3621 SAN No. 3201 Regulatory Determination on Remaining Wastes From the Combustion of Fossil Fuels 2050-AD91
3622 SAN No. 4093 Reinventing the Land Disposal Restrictions Program 2050-AE53
3623 SAN No. 4230 Revisions to Solid Waste Landfill Criteria—Leachate Recirculation 2050-AE67
3624 SAN No. 4350 Criteria for Municipal Solid Waste Landfills (Section 610 Review) 2050-AE75
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Regulation
Title Identification
Number
3625 SAN No. 3328 Hazardous Waste Identification Rule (HWIR): Identification and Listing of Hazardous Wastes (Reg
PlanSeq No. 113) 2050-AE07
3626 SAN No. 3147 Hazardous Waste Manifest Regulation (Reg Plan Seq No. 114) 2050-AE21
3627 SAN No. 3989 Removal of Requirement To Use SW-846 Methods (Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods) 2050-AE41
3628 SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities (Reg Plan Seq No. 115) 2050-AE44
3629 SAN No. 4017 Hazardous Waste Storage and Disposal Regulation Related to Low Level Mixed Waste; Proposed
Modifications (Reg Plan Seq No. 116) 2050-AE45
3630 SAN No. 4083 Identification and Listing of Hazardous Waste; Inorganic Chemical Industry Wastes; and CERCLA
Hazardous Substance Designation and Reportable Quantities 2050-AE49
3631 SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and Wipers 2050-AE51
3632 SAN No. 4092 Glass-to-Glass Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regula-
tions 2050-AE52
3633 SAN No. 4094 Land Disposal Restrictions; Potential Revisions for Mercury Listed and Characteristic Wastes 2050-AE54
3634 SAN No. 4090 RCRA Appendix VIM Streamlining 2050-AE55
3635 SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners from Primary Aluminum Re-
duction (K088) 2050-AE65
3636 SAN No. 4229 Revisions to Guidelines for the Storage and Collection of Residential, Commercial, and Institu-
tional Solid Waste 2050-AE66
3637 SAN No. 4360 Alternative Land Disposal Restrictions Treatment Standards for Contaminated Soils, Deferral of
PCB's as an Underlying Hazardous Constituent in Soil 2050-AE76
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
-------
65024
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3638 SAN No. 2390 Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management
Facilities 2050-AB80
3639 SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision) 2050-AC71
3640 SAN No. 3066 Listing Determination of Wastes Generated During the Manufacture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pigments 2050-AD80
3641 SAN No. 3151 Chlorinated Aliphatics Listing Determination 2050-AD85
3642 SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials 2050-AE23
3643 SAN No. 3886 Review of Toxicity Characteristic Level for Silver Under the Resource Conservation Recovery Act
(RCRA) 2050-AE37
3644 SAN No. 4088 Recycled Used Oil Containing PCBs 2050-AE47
3645 SAN No. 4178 180-Day Accumulation Time Under RCRA for Generators of F006 Waste Water Treatment
Sludges from the Metal Finishing Industry 2050-AE60
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long Term Actions
Sequence T... I Regulation
Number Tltle Identification
Number
3646 SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
nated Media and Debris from Underground StorageTanks 2050-AD69
3647 SAN No. 3333 Revised Standards for Hazardous Waste Combustion Facilities 2050-AE01
3648 SAN No. 3428 Hazardous Waste Management System: Slag Residues Derived From High Temperature Metals
Recovery (HTMR) Treatment of KO61, KO62 and F0006 Wastes 2050-AE15
3649 SAN No. 3668 Hazardous Waste Identification; Recycled Used Oil Management Standards 2050-AE28
3650 SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste 2050-AE32
3651 SAN No. 3856 Management of Cement Kiln Dust (CKD) 2050-AE34
3652 SAN No. 3888 Mercury-Containing and Rechargeable Battery Management Act; Codification of Waste Manage-
ment Provisions 2050-AE39
3653 SAN No. 4084 RCRA Reporting and Recordkeeping Burden Reduction 2050-AE50
3654 SAN No. 4263 Suspension of Temporary Toxicity Characteristic Rule for Specific Lead-Based Paint Debris 2050-AE68
3655 SAN No. 4208 Proposed Regulatory Amendments on Recycling of Hazardous Wastes in Fertilizers 2050-AE69
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Regulation
Title Identification
Number
3656 SAN No. 3237 Hazardous Waste Management System; Modification of the Hazardous Waste Program; Hazard-
ous Waste Lamps 2050-AD93
3657 SAN No. 4300 Adequacy of State Permit Programs Under RCRA Subtitle D 2050-AE73
OIL POLLUTION ACT (OPA)—Final Rule Stage
Regulation
Tltle Identification
Number
3658 SAN No. 2634 Oil Pollution Prevention Regulation: Revisions 2050-AC62
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65025
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
3659
3660
3661
Title
SAN No 3439 National Priorities List for Uncontrolled Hazardous Waste Sites* Proposed and Final Rules
SAN No 3423 Reportable Quantity Adjustments for Carbamates
SAN No. 4177 Cooperative Agreements and Superfund State Contracts for Superfund Response Actions; Revi-
sion of 40 CFR Part 35 Subpart O
Regulation
Identification
Number
2050-AD75
2050-AE12
2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
3662
Title
SAN No 3806 Grants for Technical Assistance Rule Reform — 40 CFR Part 35 Subpart M
Regulation
Identification
Number
2050-AE33
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long Term Actions
Sequence
Number
3663
3664
3665
Title
SAN No 2394 Reporting Exemptions for Federally Permitted Releases of Hazardous Substances
SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Application and Implementation of Claims
Against Superfund ...
SAN No 4201 Criteria for the Designation of Hazardous Substances under CERCLA Section 102(a)
Regulation
Identification
Number
2050-AB82
2050-AE38
2050-AE63
CLEAN WATER ACT (CWA)—Prerule Stage
Sequence
Number
3666
3667
SAN No. 4364 Effluent Limitations Guidelines an<
Fibers Category (Section 610 Review)
SAN No. 4344 Water Quality Standards for Indian
Title
J Standards for the Organic Chemicals, Plastics and Synthetic
Country Waters
Regulation
Identification
Number
2040-AD45
2040-AD46
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3668
3669
3670
3671
3672
3673
3674
3675
3676
3677
3678
3679
3680
SAN No. 2804 Clean Water Act Definition of the Waters of the United States
SAN No. 3488 Standards for the Use or Disposal of Sewage Sludge (Round II)
SAN No. 3444 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures Under Section
316(b) of the Clean Water Act
SAN No. 4207 Amendments to Round I Final Sewage Sludge Use or Disposal Rule —Phase Two
SAN No. 3662 Water Quality Standards Regulation — Revision
SAN No. 3999 Revisions to NPDES Requirements for Municipal Sanitary Sewer Collection Systems
SAN No. 4047 Test Procedures for the Analysis of Cryptosporidium and Giardia Under the Safe Drinking Water
and Clean Water Acts
SAN No. 4051 Establishment of Electronic Reporting for NPDES Permittees
SAN No. 4153 Effluent Guidelines and Standards for the Feedlots Point Source Category, Swine and Poultry Sub-
categories, and NPDES Regulation for Concentrated Animal Feeding Operations (Reg Plan Seq No. 121)
SAN No. 4167 Effluent Limitations Guidelines and Standards for the Feedlots Point Source Category, Dairy and
Beef Cattle Subcategories (Reg Plan Seq No. 122)
SAN No. 4168 Revisions to Effluent Guidelines and Standards for the Coal Mining Point Source Category
SAN No. 4235 Amend the Final Water Quality Guidance for the Great Lakes System to Prohibit Mixing Zone for
Bioaccumulative Chemicals of Concern
SAN No. 4214 Test Procedures for the Analysis of E. Coli and Enterococci Under the Clean Water Act
2040-AB74
2040-AC25
2040-AC34
2040-AC53
2040-AC56
2040-AD02
2040-AD08
2040-AD11
2040-AD19
2040-AD21
2040-AD24
2040-AD32
2040-AD34
-------
65026
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3681
SAN No. 4261 Further Revisions to Clean Water Act Definition of Discharge of Dredged Material
2040-AD41
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
Title
Regulation
Identification
Number
3682 SAN No. 2805 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry 2040-AB78
3683 SAN No. 3204 Effluent Guidelines and Standards for the Transportation Equipment Cleaning Category 2040-AB98
3684 SAN No. 3288 Comparison of Dredged Material to Reference Sediment 2040-AC14
3685 SAN No. 3489 Effluent Guidelines and Standards for Landfills 2040-AC23
3686 SAN No. 3504 Establishment of Numeric Criteria for Priority Toxic Pollutants for the State of California 2040-AC44
3687 SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution 2040-AC58
3688 SAN No. 3762 NPDES Streamlining Rule — Round II 2040-AC70
3689 SAN No. 3701 Guidelines Establishing Test Procedures for the Analysis of Cyanide Under the Clean Water Act ... 2040-AC76
3690 SAN No. 3767 Reformatting of Effluent Guidelines and Standards in 40 CFR Parts 401 through 471 2040-AC79
3691 SAN No. 3785 NPDES Comprehensive Storm Water Phase II Regulations (Reg Plan Seq No. 134) 2040-AC82
3692 SAN No. 3714 Increased Method Flexibility for Test Procedures Approved for Clean Water Act Compliance Mon-
itoring 2040-AC92
3693 SAN No. 3713 Performance Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures 2040-AC93
3694 SAN No. 3155 Guidelines Establishing Test Procedures for the Analysis of Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean Water Act, Phase One 2040-AC95
3695 SAN No. 4041 Effluent Guidelines and Standards for Industrial Waste Combustors 2040-AD03
3696 SAN No. 4145 Total Maximum Daily Load (TMDL) Program Regulations Revisions (Reg Plan Seq No. 136) 2040-AD22
3697 SAN No. 4192 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category; Monitoring
Amendment 2040-AD23
3698 SAN No. 4195 Water Quality Standards for Alabama—Phase I 2040-AD25
3699 SAN No. 4193 Water Quality Standards; Establishment of Numeric Criteria for Priority Toxic Pollutants; States'
Compliance — Revision of Polychlorinated Biphenyls (PCBs) Criteria 2040-AD27
3700 SAN No. 4234 EPA Review and Approval of State and Tribal Water Quality Standards 2040-AD33
3701 SAN No. 4294 Total Maximum Daily Load (TMDL) - NPDES and WQS Regulations Revisions (Reg Plan Seq No.
137) 2040-AD36
3702 SAN No. 4332 Recognition Awards Under the Clean Water Act 2040-AD44
3703 SAN No. 4217 Facility Response Plan Regulation for Certain Non-Transportation-Related Facilities that Handle,
Store, or Transport Vegetable Oils and Animal Fats 2050-AE64
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
CLEAN WATER ACT (CWA)—Long Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3704
3705
3706
3707
3708
3709
3710
SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and
2
SAN No. 3234 Revision of NPDES Industrial Permit Application Requirements and Form 2C—Wastewater Dis-
charge Information
SAN No. 3618 Guidelines Establishing Whole Effluent Toxicity West Coast Test Procedures for the Analysis of
Pollutants Under the Clean Water Act
SAN No. 3661 Water Quality Standards; Establishment of Numeric Criteria for Priority Toxic Pollutants; States'
Compliance
SAN No. 3702 Guidelines Establishing Test Procedures for the Analysis of Trace Metals Under the Clean Water
Act
SAN No. 3786 NPDES Streamlining Rule — Round III
SAN No. 3833 Effluent Guidelines and Standards for Iron and Steel Manufacturing Point Source Category
2040-AB79
2040-AC26
2040-AC54
2040-AC55
2040-AC75
2040-AC84
2040-AC90
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65027
EPA
Sequence
Number
3711
3712
3713
3714
3715
3716
3717
3718
CLEAN WATER ACT (CWA)— Long Term Actions (Continued)
Title
SAN No. 3921 Selenium Criterion Maximum Concentration for Water Quality Guidance for the Great Lakes Sys-
tem
SAN No. 4049 Test Procedures for tne Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4050 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category, Phase II
SAN No. 4089 Guidelines Establishing Test Procedures for the Analysis of Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean Water Act, Phase Two
SAN No. 4086 Revisions to Effluent Guidelines and Standards for Synthetic-Based Drilling Fluids in the Oil and
Gas Extraction Point Source Category
SAN No 4264 Water Quality Standards for Alabama — Phase II
SAN No 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II
SAN No 4280 Effluent Guidelines for the Construction and Development Industry
Regulation
Identification
Number
2040-AC97
2040-AD09
2040- AD 10
2040-AD12
2040-AD14
2040-AD35
2040-AD39
2040-AD42
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3719
3720
3721
3722
3723
3724
3725
3726
3727
Title
SAN No. 2501 NPDES Wastewater Permit Application Forms and Regulatory Revisions for Municipal Discharges
and Sewage Sludge Use or Disposal
SAN No. 3209 Effluent Guidelines and Standards for the Industrial Laundries Point Source Category .
SAN No. 3497 Amendments to Round I Final Sewage Sludge Use or Disposal Rule — Phase One
SAN No. 3617 Guidelines Establishing Oil and Grease Test Procedures for the Analysis of Pollutants Under the
Clean Water Act
SAN No. 3804 Streamlining 301(h) Waiver Renewal Requirements
SAN No. 3925 Uniform National Discharge Standards for Armed Forces Vessels — Phase I
SAN No. 4039 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category; Incentives
Amendment
SAN No. 4048 Test Procedures for the Analysis of Mercury Under the Clean Water Act
SAN No. 4133 Effluent Guidelines and Standards for the Ore Mining and Dressing Point Source Category, Gold
Placer Mine Subcategory (Completion of a Section 610 Review)
Regulation
Identification
Number
2040-AB39
2040-AB97
2040-AC29
2040-AC63
2040-AC89
2040-AC96
2040-AD05
2040-AD07
2040-AD13
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3728
3729
3730
3731
3732
Title
SAN No. 2281 National Primary Drinking Water Regulations: Radon (Reg Plan Seq No. 117) ...
SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule (Reg Plan Seq No. 118)
SAN No. 2807 National Primary Drinking Water Regulations: Arsenic (Reg Plan Seq No. 119)
SAN No. 4147 Long Term 1 Enhanced Surface Water Treatment/Filter Backwash Rule (Reg Plan Seq No. 120) ..
SAN No. 4212 Use of Screenina Procedures for Compliance Monitorina of Drinkina Water Contaminants
Regulation
Identification
Number
2040-AA94
2040-AA97
2040-AB75
2040-AD18
2040-AD31
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3733
3734
3735
3736
3737
3738
Title
SAN No. 2778 Revisions to the Underground Injection Control Regulations for Class V Injection Wells
SAN No. 3440 National Primary Drinking Water Regulations: Lead and Copper
SAN No. 3563 Reformatting of Drinking Water Regulations
SAN No. 3992 National Primary Drinking Water Regulations: Radium, Uranium, Alpha, Beta and Photon Emitters
SAN No. 4044 National Primary and Secondary Drinking Water Regulations: Analytical Methods for Chemical and
Microbiological Contaminants and Revisions to Laboratory Certification Requirements
SAN No. 4009 Public Water System Public Notification Requlation (Reg Plan Seq No. 135)
Regulation
Identification
Number
2040-AB83
2040-AC27
2040-AC41
2040-AC98
2040-AD04
2040-AD06
-------
65028
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3739 SAN No. 4152 Drinking Water State Revolving Fund Regulations 2040-AD20
3740 SAN No. 4236 Update of State Underground Injection Control Programs 2040-AD40
3741 SAN No. 4281 Revision to the Interim Enhanced Surface Water Treatment Rule (IESWTR) and the Stage 1 Dis-
infectants and Disinfection Byproducts Rule (DBPR) 2040-AD43
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
~
Number
3742 SAN No. 3176 National Primary Drinking Water Regulations: Sulfate 2040-AC07
3743 SAN No. 3238 National Primary Drinking Water Standards for Aldicarb 2040-AC13
3744 SAN No. 3761 Streamlining Drinking Water Monitoring Requirements 2040-AC73
3745 SAN No. 4341 Long Term 2 Enhanced Surface Water Treatment Rule 2040-AD37
3746 SAN No. 4342 Stage 2 Disinfectants/Disinfection Byproducts Rule 2040-AD38
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Title Identification
Number
3747 SAN No. 4131 Drinking Water Unregulated Contaminant Monitoring Program 2040-AD15
3748 SAN No. 4146 Filter Backwash Recycling Regulation 2040-AD17
3749 SAN No. 4257 National Primary and Secondary Drinking Water Regulations: Analytic Methods for Organic, Inor-
ganic and Microbiological Contaminants and Pesticides 2040-AD29
3750 SAN No. 4221 National Primary Drinking Water Regulations: Analytical Methods for Microbial, Lead and Magne-
sium 2040-AD30
MARINE PROTECTION RESEARCH AND SANCTUARY ACT (MPRSA)—Long Term Actions
Tit| Idemification
Number Number
3751 SAN No. 2737 Revisions to Ocean Dumping Regulations for Dredged Material 2040-AB62
SHORE PROTECTION ACT (SPA)—Final Rule Stage
_ Regulation
Sequence Ti,l Identification
Number Number
3752 SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations 2040-AB85
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65029
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3297. 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
Administration's recent review of
affirmative action programs. They
include: 1) placing greater emphasis on
requiring assistance agreement
recipients to submit documentation
supporting proposed fair share
procurement objectives for Minority
Business Enterprises (MBEs) and
Women's Business Enterprises (WBEs)
based on the availability of qualified
MBEs and WBEs in the relevant
geographic market; 2) authorizing or
requiring recipients and their prime
contractors to take reasonable
race/gender-conscious measures (e.g.
bidding credits) in the event that
race/gender-neutral efforts prove
inadequate to meet fair share objectives;
and 3) administering statutory
MBE/WBE objectives as a national goal,
allowing smaller or larger fair share
objectives for particular grants or
cooperative agreements based on the
availability standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4056
Agency Contact: Mark Gordon,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 1230, Washington, DC 20460
Phone: 202 260-8886
Rebecca Neer, Environmental
Protection Agency, General Counsel
and Enforcement Counsel, 1230,
Washington, DC 20460
Phone: 202 280-4841
RIN: 2020-AA39
3298. REWRITING OF EPA
REGULATIONS IMPLEMENTING THE
FREEDOM OF INFORMATION ACT
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 552
CFR Citation: 40 CFR 2
Legal Deadline: None
Abstract: This document sets forth
proposed revisions to the Agency's
regulations under the Freedom of
Information Act (FOIA). The FOIA
regulations have been streamlined and
condensed, in accordance with the
principles of the National Performance
Review, with more user-friendly
language wherever possible. These
revisions also reflect the principles
established by President Clinton and
Attorney General Reno in their FOIA
Policy Memoranda of October 4, 1993.
Additionally, the regulations have been
updated to reflect developments in the
case law and to include updated cost
figures to be used in calculating and
charging fees. These proposed revisions
also contain new provisions
implementing the Electronic Freedom
of Information Act Amendments of
1996. These revisions will simplify and
expedite responses to FOIA requests.
Timetable:
Action
Date FR Cite
NPRM
01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: None
Phone: 202 260-5460
Fax: 202 260-0020
Email, heinz.john@epa.gov
Alan Margolis, Environmental
Protection Agency, General Counsel
and Enforcement Counsel, 2377,
Washington, DC 20460
Phone: 202 260-5459
RIN: 2020-AA40
3299. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: PL 105-277; PL 104-
13
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Cross-Media Electronic
Reporting (ER) and Recordkeeping Rule
will provide a uniform legal framework
for paperless ER, including electronic
signature/certification, across all EPA's
environmental compliance programs.
The rule will both remove current legal
requirements for paper that create
obstacles to ER and provide for
enforceable mechanisms to assure the
legal validity and authenticity of
electronic documents and associated
electronic signatures, whether
transmitted as reports or maintained as
records. This rule is important because
the legal and electronic signature issues
remain the chief obstacle to
implementation of ER, and affect the
overall enforceability of environmental
programs both federally and under state
delegation/authorization. Also, the
Government Paperwork Elimination Act
of 1998 requirements and the
Administrator's Reinventing
Environmental Information (REI) Action
Plan goal of universal ER availability
by 2003 can only be met if this
rulemaking has active participation by
the AA-ships and moves on a fast track.
Timetable:
Additional Information: SAN No. 418 Action
Agency Contact: John Heinz,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2377, Washington, DC 20460
Date
FR Cite
NPRM
Final Action
09/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
-------
65030
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—General
Proposed Rule Stage
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 427
Agency Contact: Evi Huffer,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2137, Washington, DC 20460
Phone: 202 564-0004
Email: huffer.evi@epa.gov
David Schwarz, Environmental
Protection Agency, General Counsel
and Enforcement Counsel, 2137,
Washington, DC 20460
Phone: 202 260-2710
Email: schwarz.david@epa.gov
RIN: 2020-AA41
3300. • PROPOSED REVISION TO
EPA'S IMPLEMENTING NEPA
REGULATIONS
Priority: Info./Admin./Other
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR Part 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for:
Congressionally funded special
appropriation projects and EPA funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities. The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive Orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2252A, Washington, DC 20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Marguerite Duffy, Environmental
Protection Agency, General Counsel
and Enforcement Counsel, 2252A,
Washington, DC 20460
Phone: 202 564-7148
RIN: 2020-AA42
3301. 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
Final Action
04/00/00
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 358
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
3302. EPA MENTOR-PROTEGE
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1544; 48 CFR
1552
Legal Deadline: None
Abstract: This proposed rule will
amend EPA's Acquisition Regulation
(EPAAR) to establish a Mentor-Protege
Program. Participating prime
contractors serving as mentors will
provide technical and managerial
support to protege small disadvantaged
business subcontractors.
Timetable:
Action
Date
FR Cite
NPRM 01/00/00
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 362
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA40
3303. IMPLEMENTATION OF
CHANGES TO 40 CFR PART 32
Priority: Info./Admin./Other
Legal Authority: EO 12549; EO 12689
and FASA
CFR Citation: 40 CFR 32
Legal Deadline: None
Abstract: Periodically OMB amends the
Government-wide Common Rule for
suspension and debarment of
contractors and assistance participants
who threaten the integrity of Federal
programs because of criminal
misconduct or poor performance. All
agencies must issue changes to their
individual codified versions to conform
to the Common Rule. Recently, the
Interagency Suspension and Debarment
Coordinating Committee prepared
recommendations for comprehensive
changes to the Common Rule to
conform to changes made in the
Federal Acquisition Regulation (FAR)
as a result of the Federal Acquisition
Streamlining Act (FASA). In addition,
several other proposals to improve or
change the rule were recommended by
various agencies. In December 1996,
OMB declined to implement the
changes at that time due to differences
with some agencies about some changes
unrelated to those occasioned by FASA.
Among other things, FASA replaced the
small purchase threshold ($25,000)
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65031
EPA—General
Proposed Rule Stage
with the simplified acquisition amount
($100,000). That change unintentionally
exposed certain EPA programs to
participation by contractors who may
have been debarred for serious
misconduct already. OMB has agreed to
permit agencies to amend the coverage
section of their individual agency rules
to reduce or eliminate exposure to
suspended or debarred persons.
EPA intends to issue a notice of
proposed rulemaking to amend 40 CFR
32.110 to reduce EPA exposure to such
consequences.
Timetable:
Action
Date
FR Cite
NPRM 01/00/00
Final Action 05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3817
This is an assistance-related statutory
requirement. There is no paperwork
burden associated with this action.
Agency Contact: Robert Meunier,
Environmental Protection Agency,
Administration and Resource
Management, 3901R, Washington, DC
20460
Phone: 202 564-5399
Fax: 202 565-2469
RIN: 2030-AA48
3304. INCREMENTALLY FUNDING
FIXED PRICE CONTRACTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL
104-4.
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1532
Legal Deadline: None
Abstract: This proposed rule will add
subpart 1532.7, Contract Funding, to
the Environmental Protection Agency's
Acquisition Regulation (EPAAR). It also
will revise part 1552 of the EPAAR to
include a clause for incrementally
funding fixed price contracts.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3876
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA50
3305. INCORPORATING INFORMAL
CLAUSES (EP) INTO THE EPAAR
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205 (c);
63 Stat 390, as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule is being
promulgated to amend the EPAAR to
incorporate Environmental Protection
(EP) clauses into the EPAAR. There are
a large number of EP clauses being
used by contracting officers. This
promulgation will capture those EP
clauses that have not been submitted
for public comment. Most of the EP
clauses are used in contracts on a case-
by-case basis. The contractor concurs
with use of such clauses.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
12/00/99
02/00/00
NPRM
Final Action
03/00/00
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. The agency has
not yet determined whether there is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4226
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4366
Email: schaffer.paul@epa.gov
RIN: 2030-AA66
3306. • REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,-
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date FR Cite
NPRM 01/00/00
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 431
Sectors Affected: 5413 Architectural,
Engineering and Related Services; 5416
Management, Scientific and Technical
Consulting Services; 54162
Environmental Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Bruce M. Bakaysa,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
-------
65032
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—General
Proposed Rule Stage
Phone: 202 564-4373
Fax: 202 565-2552
Email: bakaysa.bruce@epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resource Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: McWhirter.cal@epa.gov
RIN: 2030-AA67
3307. • USE OF LETTER CONTRACTS
- NOTICE TO PROCEED
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is amending
the EPA Acquisition Regulations
(EPAAR) to provide for the use, in
certain response action situations, of a
letter contract known as a Notice to
Proceed (NTP) and to identify the
limited circumstances under which
such a contractual instrument may be
used.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4351
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 564-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA68
Environmental Protection Agency (EPA)
General
Final Rule Stage
3308. CONSOLIDATION OF GOOD
LABORATORY PRACTICE
STANDARDS (GLPS) REGULATIONS
CURRENTLY UNDER TSCA AND
FIFRA INTO ONE RULE
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136 et seq; 15
USC 2601 et seq
CFR Citation: 40 CFR 160; 40 CFR 792
Legal Deadline: None
Abstract: On November 29, 1983, EPA
published Good Laboratory Practice
Standards (GLPS) regulations intended
to help ensure data integrity for studies
required to support marketing and
research permits under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Toxic Substances
Control Act (TSCA). These rules were
last amended on August 17, 1989.
GLPS data integrity measures can be
applied to a wide variety of scientific
studies. Although the TSCA and FIFRA
GLPS contain identical provisions, they
were published as separate rules to
account for statutory and program
differences between TSCA and FIFRA,
such as differences in records retention
requirements. EPA believes it will be
able to address the differences between
TSCA and FIFRA, such as differences
in records retention requirements. EPA
believes it will be able to address the
differences of those programs without
duplicating the entire GLP standard in
two places.
This action is intended to consolidate
EPA's GLPS into one rule. Program-
specific requirements will be addressed
in either separate sections of the
consolidated rule, or in separate rules
as is determined appropriate. This
action is not intended to change the
requirements, applicability, or
enforceability of GLPS with respect to
any statute.
EPA has received comments from
stakeholders regarding the
understandability of many aspects of
the GLPS, and over the years has issued
numerous clarifications. EPA believes
that some clarifications, if included
directly in the rule, would make the
rule easier to understand and enhance
compliance. Therefore, EPA intends to
include such clarifications where
appropriate in this rulemaking. Finally,
in the interest of maintaining
consistency between EPA's and Food
and Drug Administration's regulations,
EPA will determine any modifications
that have occurred to the FDA GLP rule
and consider incorporation of such
changes into the EPA rule. This action
will serve to reduce the total regulatory
text in the Code of Federal Regulations
by an estimated 10 pages, by
consolidating 23 pages of text to
approximately 13. In the process it will
provide a generic GLP rule that may
be used by other programs in the
Agency.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/22/99 64 FR 3456
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3807
Agency Contact: David Stangel,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2225A, Washington, DC 20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA26
3309. DELETION OF EPA
ACQUISITION REGULATIONS FOR
QUALITY SYSTEMS FOR
ENVIRONMENTAL PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1546.2
Legal Deadline: None
Abstract: EPA is deleting the quality
assurance requirements in its
Acquisition Regulation (EPAAR)
because the Federal Acquisition
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65033
EPA—General
Final Rule Stage
Regulation (FAR) contains coverage on
this subject.
Timetable:
Action
Date FR Cite
Final Action
01/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3874
Agency Contact: Linda Avellar,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4356
Email: avellar.linda@epamail.epa.gov
RIN: 2030-AA51
3310. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Regulatory Plan: This entry is Seq. No.
123 in Part II of this issue of the
Federal Register.
RIN: 2030-AA55
3311. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Regulatory Plan: This entry is Seq. No.
124 in Part II of this issue of the
Federal Register.
RIN: 2030-AA56
3312. ELECTRONIC FUNDS
TRANSFER
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 5 USC 301 Sec 205 (c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1532.11
Legal Deadline: None
Abstract: This rule complies with the
revised Federal Acquisition Regulations
(FAR) coverage regarding
implementation of the Debt Collection
Improvement Act. Because the revised
FAR offers choices in implementation,
each agency must communicate with its
vendor community its choices. This
rule will let our vendor community
know that EPA will require the use of
FAR Clause 52.232-34, Payment by
Electronic Funds Transfer (Non-CCR),
as prescribed in FAR 32.1105(a)(2).
Within the Clause, under (c) the
payment office shall be inserted as the
prescribed designated office. Further
inserted shall be that the required EFT
information shall be provided no later
than 15 days prior to submission of the
first request for payment.
Timetable:
Action
Date FR Cite
Direct Final Rule
01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4185
Agency Contact: Calvin McWhirter,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.calvin@epa.gov
RIN: 2030-AA57
3313. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Other Significant
Legal Authority: 5 USC 301 sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1526; 48 CFR
1552
Legal Deadline: None
Abstract: This rule will amend the EPA
Acquisition Regulation (EPAAR) to
include part 1526, Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract Clauses. The purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
specific geographical locations where
contractual requirements will be
performed. This incentive will support
economic development in areas where
EPA contracts are performed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/09/98 63 FR 67845
01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4187
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA62
3314. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not applicable
CFR Citation: None
Legal Deadline: None
Abstract: The Agency will use these
guidelines to evaluate suspect
carcinogens in line with the policies
and procedures established in the
statutes administered by the EPA.
These guidelines revise and replace
EPA Guidelines for Carcinogen Risk
Assessment published at 51 FR 33992,
September 24, 1986. These guidelines
provide EPA staff and decision-makers
with the directions and perspectives
necessary to develop and use risk
assessments. The guidelines also
provide the general public with basic
information about the Agency's
approaches to risk assessment.
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory decision-making. On the
other hand, innovation is necessary so
the Agency will base its decisions on
-------
65034
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999 /Unified Agenda
EPA—General
Final Rule Stage
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 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3671
Agency Contact: William Wood,
Environmental Protection Agency,
Office of Research and Development,
8103, Washington, DC 20460
Phone: 202 564-3358
RIN: 2080-AA06
Environmental Protection Agency (EPA)
General
Long-Term Actions
3315. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 552; 7 USC 136
et seq; 33 USC 1251 et seq; 42 USC
300(f) et seq; 42 USC 6901 et seq; 42
USC 7401 et seq; 42 USC 9601 et seq;
42 USC 11001 et seq; 15 USC 2601 et
seq; 42 USC 4912; 33 USC 1414; 21
USC 346; 15 USC 2005
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: None
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as CBI. Although these
regulations have succeeded in
protecting business information,
changes in Agency workload, practice,
and statutory authority have
outstripped the ability of these
regulations to cut down on unnecessary
procedures, expedite activities
involving confidential business
information, and simplify the
regulations. In addition, EPA would
consolidate confidentiality provisions
from other parts of 40 CFR.
Timetable:
Action
Date FR Cite
11/23/94 59 FR 60446
To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 324
Agency Contact: Alan Margolis,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2379, Washington, DC 20460
Phone: 202 260-5459
RIN: 2020-AA21
3316. ENVIRONMENTAL IMPACT
ASSESSMENT OF
NONGOVERNMENTAL ACTIVITIES IN
ANTARCTICA
Priority: Other Significant
Legal Authority: 16 USC 2401 et seq,
as amended; 16 USC 2403(a); PL 104-
227
CFR Citation: 40 CFR 8
Legal Deadline: Final, Statutory,
October 2, 1998.
Abstract: The purpose of this action is
to develop regulations for: (1) the
environmental impact assessment of
nongovernmental activities, including
tourism, for which the United States is
required to give advance notice under
paragraph 5 of Article VII of the
Antarctic Treaty and (2) coordination
of the review of information regarding
environmental impact assessment
received by the United States from
other parties under the Protocol on
Environmental Protection. The Office of
Federal Activities (OECA/OFA) will use
the decisionmaking process of the
National Environmental Policy Act
(NEPA) to analyze the environmental
setting; the types of nongovernmental
activities, including tourism, to be
addressed by the regulations; their
potential for impact; and the
alternatives available under rulemaking
for environmental impact assessments
for nongovernmental activities. An
interim final rule, 40 CFR part 8,
promulgated April 30, 1997, and on
July 15, 1998 extended through the
2000-2001 austral summer, will be
replaced by a final rule. The interim
final rule was effective immediately so
that the U.S. could ratify the Protocol
and implement its obligations under
the Protocol as soon as it entered into
force. These rules are being developed
in coordination with other Federal
agencies with specific interests in and
expertise with Antarctica including the
Department of State, National Science
Foundation, National Oceanic and
Atmospheric Administration, U.S.
Coast Guard, Marine Mammal
Commission, Department of Justice, and
the Council on Environmental Quality.
Timetable:
Action
Date
FR Cite
Interim Final Rule 04/30/97 62 FR 23538
Extension of Effective 04/15/98 63 FR 18323
Date Interim Rule
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: None
Additional Information: SAN No. 3933
Legal Description: The Interim Final
Rule, effective 7/14/98, through the
year 2000-2001 austral summer.
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2252A, Washington, DC 20460
Phone: 202 564-7157
Fax: 202 564-0072
Email: montgomery.joseph@epa.gov
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65035
EPA—General
Long-Term Actions
Katherine Biggs, Environmental
Protection Agency, General Counsel
and Enforcement Counsel, 2252A,
Washington, DC 20460
Phone: 202 564-7144
Fax: 202 564-0072
Email: biggs.katherine@epa.gov
RIN: 2020-AA34
3317. REVISION TO EPAAR 1552.211-
73, LEVEL OF EFFORT
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205 (c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1552
Legal Deadline: None
Abstract: This rule will revise EPAAR
1552.211-73, Level of Effort, to define
more concisely the services being
acquired, and to more accurately reflect
the relationship between services
provided and fee payments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4191
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resource
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
Environmental Protection Agency (EPA)
General
Completed Actions
3318. AMENDMENTS TO PART 22
CONSOLIDATED PROCEDURAL
RULES
Priority: Info./Admin./Other
CFR Citation: 40 CFR 22
Completed:
Reason
Date
FR Cite
NPRM 02/25/98 63 FR 9465
Final Action 07/23/99 64 FR 40176
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Scott Garrison
Phone: 202 260-0569
RIN: 2020-AA13
3319. AGENCY PROTEST
SOLICITATION NOTIFICATION
Priority: Other Significant
CFR Citation: 48 CFR 1533: 48 CFR
1552
Completed:
Reason
Date
FR Cite
Direct Final Rule 04/08/99 64 FR 17109
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Linda Avellar
Phone: 202 564-4356
Email: avellar.linda@epamail.epa.gov
RIN: 2030-AA58
3320. CONTRACTING BY
NEGOTIATION
Priority: Other Significant
CFR Citation: 48 CFR 1503; 48 CFR
1515; 48 CFR 1552
Completed:
Reason
Date
FR Cite
Final Action 08/31/99 64 FR 47409
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Louise Senzel
Phone: 202 564-4367
Email: senzel.louise@epamail.epa.gov
RIN: 2030-AA59
3321. EPAAR COVERAGE ON
CONTRACTOR PERFORMANCE
EVALUATIONS
Priority: Other Significant
CFR Citation: 48 CFR 1509; 48 CFR
1552
Completed:
Reason
Date
FR Cite
Final Action
Tech Amend
04/26/99 64 FR 20201
07/29/99 64 FR 41042
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Frances Smith
Phone: 202 564-4368
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA61
3322. SERVICE CONTRACTING—
AVOIDING IMPROPER PERSONAL
SERVICES RELATIONSHIPS
Priority: Other Significant
CFR Citation: 48 CFR 1537; 48 CFR
1552
Completed:
Reason
NPRM
Final Action
Date
01/20/99
06/08/99
FR Cite
64 FR 3060
64 FR 30443
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jean Rellins
Phone: 202 564-4434
Fax: 202 565-2551
Email: rellins.jean@epa.gov
RIN: 2030-AA63
-------
65036
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
3323. • LIST OF REGULATED
SUBSTANCES AND THRESHOLDS
FOR ACCIDENTAL RELEASE
PREVENTION; PETITION TO DELIST
VINYL ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412(r)(3-4)
CAA 112 (r)(3-4); 42 USC 7412(b)(3)
CAA 112 (b)(3)
CFR Citation: 40 CFR Part 68
Legal Deadline: Other, Statutory,
November 15, 1999, See additional
information.
Abstract: The Agency received a
petition dated May 15, 1998 requesting
deletion of vinyl acetate from the CAA
112(r) List of Regulated Substances for
Accidental Release Prevention. The
Agency is re-evaluating whether the
chemical meets the statutory criteria for
listing under CAA 112(r)(4). If the
Agency decides that the chemical
should be deleted, it will propose to
delete the chemical by rulemaking. If
the Agency decides that the chemical
should stay on the list, it will publish
a notice in the Federal Register denying
the petition and explaining the basis
of the denial. Any owner or operator
of a stationary source that has greater
than threshold quantity of a listed
substance, must submit a Risk
Management Plan to EPA by June 21,
1999 and update the plan every five
years.
Timetable:
Action
Date
FR Cite
Notice
11/00/99
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4328
Legal Deadline Cont: Section 68.120
states that "within 18 months of receipt
of a petition; the Administrator shall
publish in the Federal Register a notice
either denying the petition or granting
the petition and proposing a listing."
Therefore, the Agency must publish a
notice by November 15, 1999.
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-2250
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
RIN: 2050-AE70
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3324. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7402 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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 2841
Agency Contact: Philip B. Mulrine,
Environmental Engineer, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Pa, NC 27711
Phone: 919 541-5289
Email: mulrine.phil@epa.gov
Alfred E. Vervaert, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Pa, NC 27711
Phone: 919 541-5602
RIN: 2060-AH08
3325. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Regulatory Plan: This entry is Seq. No.
103 in Part II of this issue of the
Federal Register.
RIN: 2060-AA61
3326. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
12/00/00
NPRM
Final Action
12/00/99
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3263
Agency Contact: Eugene Tierney,
Environmental Protection Agency, Air
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65037
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4456
RIN: 2060-AE20
3327. 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:
Timetable:
Action
Date
FR Cite
NPRM 08/00/00
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3262
Agency Contact: Eugene Tierney,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4456
RIN: 2060-AE22
3328. NESHAP: IRON FOUNDRIES
AND STEEL FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, See Additional
Information.
Abstract: Iron foundries and steel
foundries have been identified by the
EPA as potentially significant sources
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.
Action
Date
FR Cite
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3343
EPA is required to promulgate
standards for all of the source
categories listed in accordance with
section 112(e) by November 15, 2000.
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Jim Maysilles, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-3265
Fax: 919 541-5600
Email: maysilles.jim@epa.gov
RIN: 2060-AE43
3329. NESHAP: CYANIDE CHEMICALS
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Cyanide compounds are
among the pollutants listed as
hazardous air pollutants in section 112
of the Clean Air Act Amendments of
1990. As a consequence, the EPA has
determined that sources that
manufacture cyanide compounds may
reasonably be anticipated to emit
cyanide compounds in quantities
sufficient to qualify them as major
sources. Three source categories that
either produce hydrogen cyanide or use
it in the production of other chemicals,
specifically cyanuric chloride and
sodium cyanide, are on the initial list
of HAP emitting source categories
selected for regulation. The results of
an assessment of the three source
categories conducted by the Agency
indicated that cyanuric chloride is an
unstable intermediate product and is
incorrectly listed. Also every facility
producing sodium cyanide also
produces hydrogen cyanide. As result
of this analysis, the cyanuric chloride
source category was delisted and the
sodium and hydrogen cyanide source
categories will be compressed into one
cyanide source category. In addition,
this new cyanide category was
switched from the list of categories
scheduled to be regulated in 1997 to
the list of categories scheduled for
regulation in 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3341
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5605
Email: barnett.keith@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE45
3330. NESHAP: INTEGRATED IRON
AND STEEL
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended November 1990, requires the
EPA to regulate categories of major and
area sources of hazardous air pollutants
(HAP). The EPA has determined that
integrated iron and steel mills emit
several of the 188 HAP listed
(including compounds of chromium,
lead, manganese, toluene, and
polycyclic organic matter) in quantities
-------
65038
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
sufficient to designate them as major
sources. As a consequence, integrated
iron and steel facilities are among the
HAP-emitting source categories selected
for regulation.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
06/00/01
Action
Regulatory Flexibility Analysis
Required: Undetermined
Pate FR Cite SmaM Entities Affected: Businesses
NPRM
Final Rule
05/00/00
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3346
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Phil Mulrine, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
RIN: 2060-AE48
3331. NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Project is to develop a
NESHAP for the source category which
involves the manufacture of composite
products involving thermoset resins
and re-enforcements. Some of the
specific products in the source category
are tubs/showers, auto/truck parts,
appliances, furniture, piping,
construction materials, sporting goods
using such materials, and intermediate
compounds such as bulk molding
compound and sheet molding
compounds. The most common HAP in
the resins used is styrene, which is
present in polyester and vinylester
resins as a monomer. Styrene is listed
as a candidate urban area source HAP.
So is methylene chloride, which is
sometimes used for cleaning, and
xylenes, which may appear in some
mold release formulas. All HAP, except
for methylene chloride, are also VOC's.
Government Levels Affected: State
Additional Information: SAN No. 3326
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5605
Email: barnett.keith@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE79
3332. NESHAP: MISCELLANEOUS
ORGANIC CHEMICAL PRODUCTION
AND PROCESSES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This regulation will cover
organic chemical manufacturing
processes not covered by the HON or
other MACT standards. The regulation
will control process vents (continuous
and batch, including mixing
operations), equipment leaks, storage
tanks, wastewater, solvent recovery,
and heat exchange systems.
Timetable:
Action
Date
FR Cite
NPRM 03/00/00
Final Action 05/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3452
Sectors Affected: 32551 Paint and
Coating Manufacturing; 325992
Photographic Film, Paper, Plate and
Chemical Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC27711
Phone: 919541-5402
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE82
3333. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: The chlorine production
source category includes facilities
engaged in the production of chlorine
and sodium hydroxide (caustic) by one
of the following electrolytic processes:
diaphragm cell, membrane cell, and
mercury cell. Hazardous air pollutants
emitted include chlorine, hydrogen
chloride, and mercury. None of the
facilities are major sources on their
own. However, several are co-located
with major sources (e.g., pulp and
paper plants, polymer plants, synthetic
organic chemical plants, etc.).
Emissions of chlorine and hydrogen
chloride are very minor and the Agency
is evaluating whether regulation of
these HAPs is warranted. Relative to
mercury, which is among five
pollutants listed for regulation under
section 112(c)(6) due to their persistent
and bioaccumulative effects, the
Agency intends to subject to regulation
under section 112(d)(2) all mercury cell
facilities regardless of major source
status.
Timetable:
Action
Date
FR Cite
NPRM 08/00/00
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 344
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65039
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Iliam Rosario, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
RIN: 2060-AE85
3334. METHOD 301: FIELD
VALIDATION OF POLLUTION
MEASUREMENT METHODS FOR
VARIOUS MEDIA; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
PL 101-549; 42 USC 7410 et seq
CFR Citation: 40 CFR 60; 40 CFR 63
Legal Deadline: None
Abstract: After promulgation of
Method 301, questions were raised
about the statistical calculations and
the procedure for determining the
quality of the data. This rule will
clarify those rule provisions.
Timetable:
Action
Date
FR Cite
NPRM 06/00/00
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State
Additional Information: SAN No. 3407
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-1062
Email: mcalister.gary@epa.gov
RIN: 2060-AFOO
3335. REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF STATE
IMPLEMENTATION PLANS
(GUIDELINE ON AIR QUALITY
MODELS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 CAAA
sec 110(a)(2); CAAA sec 165(e); CAAA
sec 172(a); CAAA sec 172(c); 42 USC
7601 CAAA sec 301(a)(l); CAAA sec
320
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action proposes
revisions to the Guideline on Air
Quality Models, published as appendix
W to 40 CFR part 51. Such models are
used to predict ambient concentrations
of pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. Appendix W to 40 CFR part
51 fulfills a Clean Air Act mandate for
EPA to specify models for air
management purposes. This proposed
rulemaking enhances appendix W with
new and/or improved techniques.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 347
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919 541-0832
RIN: 2060-AF01
3336. AMENDMENTS TO GENERAL
PROVISIONS SUBPARTS A AND B
FOR 40 CFR 63
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549; 42 USC
7412 CAA sec 112
CFR Citation: 40 CFR 63.1; 40 CFR
63.51
Legal Deadline: None
Abstract: The General Provisions
(subpart A) were promulgated on
March 16, 1994 (59 FR 12408). The
General Provisions create the technical
and administrative framework and
establish general procedures and
criteria for implementing MACT
standards. On May 16, 1994, six
litigants filed petitions for EPA to
review certain provisions of the General
Provisions. Subpart B, the procedures
for implementing section 112(j), were
promulgated on May 26, 1994. In June,
1994 litigants filed petitions for EPA
to review the promulgated procedures.
As a result of the litigation, it is
anticipated that a number of technical
and administrative amendments to
subpart A and B will be proposed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/99
03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3551
Agency Contact: James Szykman,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC27711
Phone: 919 541-2452
Email: szykman.jim@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AF31
3337. OPERATING PERMITS:
REVISIONS (PART 70)
Regulatory Plan: This entry is Seq. No.
104 in Part II of this issue of the
Federal Register.
RIN: 2060-AF70
3338. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
-------
65040
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
VOC content of water-based coatings.
This amendment will improve the
precision of Method 24 for water-based
coatings.
Timetable:
Action
Date
FR Cite
NPRM 06/00/00
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 364
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-1064
Email: sorrell.candace@epa.gov
RIN: 2060-AF72
3339. NEW SOURCE PERFORMANCE
STANDARDS AND EMISSION
GUIDELINES FOR COMMERCIAL AND
INDUSTRIAL SOLID WASTE
INCINERATION UNITS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CAA sec 129
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 15, 1999.
Abstract: Section 129 of the Clean Air
Act Amendments requires the Agency
to finalize New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for Commercial and
Industrial Solid Waste Incinerators
(CISWIs). Negotiations have been
completed with the litigants to grant an
extension to the Agency. The Agency
has agreed to propose standards by
November 1999, and promulgate
standards by November 2000.
Timetable:
Action
Date FR Cite
NPRM 11/00/99
Final Action 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3613
Agency Contact: Richard Crume,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC27711
Phone: 919 541-5294
Email: crume.richard@epa.gov
Amanda Aldridge, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AF91
3340. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR
YUCCA MOUNTAIN, NEVADA
Regulatory Plan: This entry is Seq. No.
105 in Part II of this issue of the
Federal Register.
RIN: 2060-AG14
3341. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 (g) CAA
sec 608
CFR Citation: 40 CFR 82 (F)
Legal Deadline: None
Abstract: The rule will include the
reconsideration of the sales restriction
as it relates to split systems. The
Agency was petitioned to reconsider
the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians, emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3673
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-2216
Fax: 202 565-2093
RIN: 2060-AG20
3342. NESHAP: BOAT
MANUFACTURING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the boat manufacturing
industry. The most abundant pollutant
emitted by this industry is styrene,
which is listed as a hazardous air
pollutant in the 1990 Clean Air Act.
The Agency will study the various
hazardous air pollutants emitted by the
industry and will evaluate pollution
prevention and abatement techniques
which can reduce emissions from these
pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/00
01/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 3747
Sectors Affected: 336611 Ship
Building and Repairing; 336612 Boat
Building
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5416
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65041
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: morris.mark@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG27
3343. NESHAP: TIRE
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This is a 10-year MACT
covering the HAP emissions from the
manufacturing of Rubber tires. The
emission sources associated with the
rubber compound mixing (banbury);
extruding; calendaring; building; curing
and finishing are covered in this
MACT. Forty one facilities have been
initially identified. This includes
approximately 35 facilities of at least
10 tpy and 26 facilities of at least 25
tpy. Emissions are primarily associated
with rubber processing and the use of
HAP bearing solvent and cements.
Several facilities have eliminated
through substitution much of the HAP
bearing solvent and cements. However,
evaluation of the MACT and separation
of the rubber processing emissions from
HAP bearing solvents and cement will
reduce the number of affected facilities
to about 30. In addition, the tire cord
coating operations will also be
included. Typically these facilities are
separate non-colocated operations. The
major pollutant associated with tire
cord is formaldehyde. There are
approximately 12 affected major
facilities
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 374
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG29
3344. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412(d)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAP) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing wood panels and
engineered wood products. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, the drying
of wood and binders. The scope of the
affected source category has not been
determined; however, this rule is
anticipated to apply to the manufacture
of products involving wood and some
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
waferboard, hardboard fiber board
(MDF), oriented strandboard (OSB),
medium density fiberboard,
particleboard, strawboard, hardwood
and softwood plywood, glue-laminated
lumber, laminated veneer lumber, and
engineered wood products. The source
category may also include lumber
drying kilns at sawmills which are
located on the same site as a facility
that manufactures any of the wood
products mentioned above. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/00
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 382
Sectors Affected: 32121 Veneer,
Plywood, and Engineered Wood
Product Manufacturing
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5395
Mary Tom Kissell, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Pa, NC 27711
Phone: 919 541-4516
Email: kissell.mary@epa.gov
RIN: 2060-AG52
3345. NESHAP: ETHYLENE
PROCESSES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act requires development of emission
standards for all major sources emitting
any of the 188 hazardous air pollutants
(HAPs) identified in section 112(b) of
the CAA. Ethylene Processes is listed
as a category of major sources based
on process knowledge emissions of
benzene and butadiene. This action
will explore alternatives controlling the
release of HAPs from the following
process areas located at ethylene
process facilities: process streams,
storage, equipment leaks and other
fugitive sources, and wastewater
operations. There are no anticipated
impacts on small businesses.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
11/00/00
-------
65042
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3821
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
Warren Johnson, Jr., Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
RIN: 2060-AG53
3346. NESHAP: LARGE APPLIANCE
(SURFACE COATING)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of large appliance
products and parts for household,
commercial, or recreational use. This
regulation will reduce nationwide
emissions of HAPs from surface coating
of large appliances, a measure required
by section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3823
Sectors Affected: 335222 Household
Refrigerator and Home Freezer
Manufacturing; 335221 Household
Cooking Appliance Manufacturing;
335224 Household Laundry Equipment
Manufacturing; 335212 Household
Vacuum Cleaner Manufacturing;
333298 All Other Industrial Machinery
Manufacturing; 335228 Other Major
Household Appliance Manufacturing;
336391 Motor Vehicle Air-Conditioning
Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Mohamed Serageldin, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
RIN: 2060-AG54
3347. METAL FURNITURE (SURFACE
COATINGS) NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of metal furniture
products and parts for household or
commercial use. This regulation will
reduce nationwide emissions of HAPs
from surface coating of metal furniture
products and parts, which is required
under section 112 of the Clean Air Act.
Timetable:
Action
Showcase, Partition, Shelving, and
Locker Manufacturing
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Mohamed Serageldin, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
RIN: 2060-AG55
3348. PAPER AND OTHER WEB
COATING NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59; 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would result in
the reduction of hazardous air
pollutants (HAPs) emitted by the paper
and other web coating industries. The
Agency will study the various HAP and
VOC pollutants emitted by the industry
and will evaluate pollution prevention
and control techniques which can
reduce these emissions. There are likely
to be small businesses in the paper and
other web coating industry, but at this
time it is not known how many of these
small businesses will be subject to
these rules.
Date FR Cite Timetable:
NPRM
Final Action
08/00/00
08/00/01
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3824
Sectors Affected: 337124 Metal
Household Furniture Manufacturing;
33636 Motor Vehicle Fabric Accessories
and Seat Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing; 337127
Institutional Furniture Manufacturing;
332116 Metal Stamping; 332612 Wire
Spring Manufacturing; 337215
NPRM
Final Action
03/00/00
03/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 3827
Agency Contact: Daniel Brown,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5305
Email: brown.dan@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65043
EPA—Clean Air Act (CAA)
Proposed Rule Stage
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG58
3349. NESHAP/NSPS:
RECIPROCATING INTERNAL
COMBUSTION ENGINE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: PL 101-549; 42 USC
7412 CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
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 EPA will gather
information on HAP emissions from
internal combustion engines and
determine the appropriate maximum
achievable control technology (MACT)
to reduce HAP emissions, if any. The
EPA will also gather information for
NOx, SO2, CO, and PM and decide
whether standards are required to
reduce these emissions. The EPA will
use information that has already been
developed, if possible, by gathering
information by working with State/local
agencies, vendors, manufacturers of
internal combustion engines, owners
and operators of internal combustion
engines, and environmentalists. Some
small businesses that use internal
combustion engines may be directly
impacted as well as a few small
government entities who produce their
own power. The number of small
entities that would be affected is not
known at this time.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/00
11/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3656
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5263
Email: roy.sims@epa.gov
Amanda Aldridge, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AG63
3350. NESHAP: ASPHALT ROOFING
AND PROCESSING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The CAA required EPA to
publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the asphalt roofing and
processing industry may be reasonably
anticipated to emit one of the
pollutants listed in section 112(b) of the
CAA. As a consequence, the source
category is included on the initial list
of HAP-emitting categories scheduled
for standards promulgation within ten
years of enactment of the CAA
Amendments of 1990. The purpose of
this action is to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated according to the
mandated schedule.
Timetable:
Action
Date
FR Cite
NPRM
Interim Final
05/00/00
05/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3655
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
RIN: 2060-AG66
3351. NESHAP: COMBUSTION
TURBINE
Priority. Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 44 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The combustion turbine
source category is listed as a major
source of hazardous air pollutants
(HAPs) under section 112 of the Clean
Air Act (CAA). A major source is one
which emits more than 10 tons/yr of
one HAP or more than 25 tons/yr of
a combination of 189 HAPs.
Combustion turbines also emit NOx,
SO2, CO, and PM. Combustion turbines
are already regulated for NOx and SO2
emissions under section 111 of the
CAA. The EPA will gather information
on HAP emissions from combustion
turbines and determine the appropriate
maximum achievable control
technology (MACT) to reduce HAP
emissions, if any. The EPA will also
gather information to revise the 1979
NSPS for NOx and SO2 and decide
whether CO and PM standards are
required for combustion turbines. The
EPA information that has already been
developed will be used if possible and
additional information will be gathered
by working with State/local agencies,
vendors, manufacturers of combustion
turbines, owners and operators of
combustion turbines, and
environmentalists. The number of small
-------
65044
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
entities that would be affected is not
known at this time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/00
01/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3657
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC27711
Phone: 919 541-5263
Email: roy.sims@epa.gov
Amanda Aldridge, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AG67
3352. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS
Regulatory Plan: This entry is Seq. No.
106 in Part II of this issue of the
Federal Register.
RIN: 2060-AG69
3353. NESHAP: METAL CAN
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal can industry. The
Agency will study what pollutants are
emitted and evaluate the control
techniques, including pollution
prevention, that are used to reduce
these emissions. The Agency will also
determine what, if any, impact the rule
would have on small businesses.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 3906
Agency Contact: George F. Smith,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-1549
Fax: 919 541-5689
Email: smith.george@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5342
Fax: 919-541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG96
3354. NESHAP: METAL COIL
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal coil surface
coating industry. The Agency will
study what pollutants are emitted and
evaluate the control techniques,
including pollution prevention, that are
used to reduce these emissions. The
Agency will also determine what, if
any, impact the rule would have on
small businesses.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/00
03/00/01
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3905
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-2940
Fax: 919 541-5689
Email: jones.rhea@epa.gov
RIN: 2060-AG97
3355. NESHAP: PRIMARY
MAGNESIUM REFINING
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act (Act), as amended November 1990,
requires the EPA to regulate categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b). The EPA has determined that
sources that manufacture primary
magnesium may reasonably be
anticipated to emit several of the 189
HAPs listed (including chlorine and
hydrochloric acid) in quantities
sufficient to designate them as a major
source. As a consequence, primary
magnesium refining is among the HAP
emitting source categories selected for
regulation and is in the group of
categories for which final rules are
scheduled to be promulgated by
November 15, 2000 (58 FR 63941,
December 3, 1993).
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3924
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH03
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65045
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3356. NESHAP: MISCELLANEOUS
CELLULOSE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAPs) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing cellulose ether,
carboxymethyl cellulose ether, methyl
cellulose ether, cellulose food casing,
cellulosic sponges, producing rayon,
and producing cellophane. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, product
washing operations, material storage
tanks, and film drying. The scope of
the rule has not been determined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/00
02/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3970
Project combined with SAN 3963
Sectors Affected: 325221 Cellulosic
Organic Fiber Manufacturing; 326113
Unsupported Plastics Film and Sheet
(except Packaging) Manufacturing
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
RIN: 2060-AH11
3357. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (HAP) by
establishing maximum achievable
control technology (MACT) for
municipal solid waste landfills. MACT
standards are under development to
reduce the release of HAP from all
industries to protect the public health
and environment. The scope of the rule
has not been determined. This project
is now scheduled to start in fiscal year
1998. The initial stage of this project
is to gather preliminary information on
landfills to establish a presumptive
MACT. That work will be followed by
development of a regulatory package to
propose and promulgate a MACT
standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
06/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 396
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
562212 Solid Waste Landfill
Agency Contact: Michele Laur,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5256
Fax: 919 541-0246
Email: laur.michele@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, RTP.NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13
3358. NESHAP: LEATHER TANNING
AND FINISHING OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
requires EPA to develop air emission
standards for facilities that emit any of
the 189 hazardous air pollutants. This
action will develop a MACT standard
for sources involved in leather tanning
and finishing operations. Facilities
involved in these operations release
over 1.7 million pounds of hazardous
air pollutants per year. Regulation of
these facilities will result in a reduction
of the emissions of hazardous air
pollutants, several of which are highly
toxic.
Timetable:
Action
Date FR Cite
NPRM 12/00/99
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3964
Sectors Affected: 31611 Leather and
Hide Tanning and Finishing
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
RIN: 2060-AH17
3359. NESHAP: MANUFACTURE OF
CARBON BLACK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63 YY
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The purpose of this
regulatory action is to develop a
-------
65046
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Maximum Achievable Control
Technology Standard for the
manufacture of carbon black. This
standard will meet the Clean Air Act
Amendments of 1990 requirement to
regulate sources of hazardous air
pollutants. Three hazardous air
pollutants identified in the 1990 Clean
Air Act Amendments are emitted by
the carbon black process. These are
carbon disulfide, carbonyl sulfide, and
hydrogen cyanide.
Carbon black is a product used
primarily in the manufacture of
automobile tires. There are
approximately 22 carbon black facilities
located in the nation. Of these it is
currently estimated there are 20 major
sources that will be subject to this
regulation. This rule is not expected to
have impacts on small business.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3962
Sectors Affected: 325182 Carbon Black
Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
RIN: 2060-AH19
3360. NESHAP: VEGETABLE OIL
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This action develops National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for vegetable oil
production facilities as authorized
under section 112(d) of the Clean Air
Act (Act). The action is based on the
determination that vegetable oil
production plants emit organic
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act. On July
16, 1992, EPA listed vegetable oil
production as a source for which
NESHAP are to be promulgated. On
December 3, 1993, EPA published a
schedule for promulgating NESHAP for
vegetable oil production plants by
November 15, 2000. NESHAP
developed under section 112(d) apply
to both new and existing facilities.
NESHAP for existing facilities are to be
based on the average emission
limitation achieved by the best
performing 12 percent of existing
sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/99
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3903
Sectors Affected: 311223 Other
Oilseed Processing; 311222 Soybean
Processing; 311225 Fats and Oils
Refining and Blending; 311225 Fats and
Oils Refining and Blending
Agency Contact: James Durham,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5672
Fax: 919 541-0246
Email: durham.jim@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH22
3361. CONSOLIDATED EMISSION
REPORTING RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)
CFR Citation: 12 CFR 120.2(d)(4); 40
CFR 51.321 to 51.323
Legal Deadline: None
Abstract: Three sections of the Clean
Air Act and its amendments require
State agencies to report emission
estimates to EPA. Some of these
sections contain obsolete wording,
inconsistent instructions, and duplicate
reporting requirements. This rule will
consolidate the requirements into one
area, eliminate obsolete wording,
eliminate duplicate reporting
requirements, and provide options for
collecting and reporting data. There
will be no impact on small businesses.
State agencies will continue to report
the same or reduced amounts of data
to EPA. The rule will provide for
flexibility in collecting and reporting
data. There will be no effect on local
agencies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3986
Agency Contact: Steven Bromberg,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919541-1000
Fax: 919 541-0684
Email: bromberg.steve@epa.gov
RIN: 2060-AH25
3362. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to 7671
CAA sec 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda 65047
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Federal
Additional Information: SAN No. 3917
Agency Contact: Laura Voss,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4858
Email: voss.laura@epamail.epa.gov
RIN: 2060-AH31
3363. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521 (m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
compliance with evaporative emission
requirements for light duty vehicles
and trucks. The current test procedure
requires both two and three day diurnal
emission tests, as well as running-loss
testing. The revisions will delete the
three day requirement and add
flexibilities for running-loss
compliance. This will enable
manufacturers to save significant
resources without any decrease in
environmental benefits
Timetable:
Action
Date
FR Cite
NPRM 11/00/99
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 391
Agency Contact: Lynn Sohacki,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4851
RIN: 2060-AH34
3364. REVIEW OF MINOR NEW
SOURCES AND MODIFICATIONS IN
INDIAN COUNTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7410
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
and major stationary sources of air
pollution in Indian country. Pursuant
to the Tribal Air Rule, eligible Indian
Tribes may receive EPA authorization
to develop and implement such
programs. The Federal NSR permitting
programs would be effective throughout
Indian country and would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization, to manage such
programs. The proposed Federal minor
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, or (3) existing major
sources undergoing minor modification.
The proposed rule also would allow
new or existing stationary sources to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permit
program. The proposed Federal major
NSR rule would require sources in
nonattainment areas in Indian country
to obtain a permit prior to construction
if they are: (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
08/00/00
07/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local,
Tribal, Federal
Additional Information: SAN No. 3975
Agency Contact: Michele Dubow,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-3803
Fax: 919 541-5509
Email: dubow.michele@epa.gov
Sara Terry, Environmental Protection
Agency, Air and Radiation, MD-11,
Research Triangle Park, NC 27711
Phone: 919 541-7576
Fax: 919 541-7925
Email: terry.sara@epa.gov
RIN: 2060-AH37
3365. REVIEW OF FEDERAL TEST
PROCEDURES FOR EMISSIONS FROM
MOTOR VEHICLES; TEST
PROCEDURE ADJUSTMENTS TO
FUEL ECONOMY AND EMISSION
TEST RESULTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549
CFR Citation: 40 CFR 86; 40 CFR 600
Legal Deadline: None
Abstract: This action considers
potential adjustments to fuel economy
and emission test results to compensate
for test procedure changes previously
adopted; it applies to light-duty
vehicles and light-duty trucks. This
aspect of the previous rulemaking (SAN
3323, RIN 2060-AE27) was deferred.
Timetable:
Action
Date
FR Cite
NPRM 12/00/99
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 397
Agency Contact: R. W. Nash,
Environmental Protection Agency, Air
and Radiation, VPCD, Ann Arbor, MI
48105
-------
65048
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone- 743 214-4412
RIN: 2060-AH38
3366. NESHAP: ORGANIC LIQUID
DISTRIBUTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This project is to develop
national emission standards for
hazardous air pollutants by establishing
maximum achievable control
technology (MACT) for facilities
distributing organic liquids. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAPs) from all industries to
protect the public health and
environment. The EPA has not
determined the scope of this project.
However, this project should include
but is not limited to those activities
associated with the storage and
distribution of organic liquids other
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
08/00/00
10/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3971
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-2421
Fax: 919541-0246
Email' smith.martha@epa.gov
RIN: 2060-AH41
3367. FEDERAL MAJOR NEW
SOURCE REVIEW (NSR) PROGRAM
FOR NONATTAINMENT AREAS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.10; 40 CFR
52.24; 40 CFR 51.165; 40 CFR 124
Legal Deadline: None
Abstract: The Clean Air Act (Act) (title
I, part D) requires that construction
permit programs for new or modified
major stationary sources of air pollution
be established for areas not attaining
the NAAQS. This action will add
Federal rules at 40 CFR 52.10 for
permitting the construction of new or
modified major stationary sources in
certain nonattainment areas where
State, local, or tribal rules in whole or
in part are not in place that meet the
statutory permitting requirements.
These rules will basically incorporate
the requirements for State
nonattainment NSR permit programs,
codified at 40 CFR 51.165(a), with
supplemental provisions added to make
explicit the permit requirements of
section 173 of the Act and certain long-
standing policies regarding
nonattainment NSR permitting. This
action will also change 40 CFR 52.24
to specify that the requirements of 40
CFR 52.10 govern any permits issued
in certain nonattainment areas where
acceptable nonattainment NSR rules are
not in place. Changes to 40 CFR part
124 will specify that the permit
processing, public participation, and
permit appeal requirements that
otherwise apply to Federal PSD
permitting will also apply, in most
cases, to Federal nonattainment NSR
permitting under 40 CFR 52.10.
Timetable:
Action Date FR Cite
NPRM
Final Action
07/00/00
07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4046
Agency Contact: David Svendsgaard,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
RIN: 2060-AH53
3368. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: There are currently 25 active
domestic coke plants, 20 of which are
furnace coke plants and 5 of which are
foundry coke plants. Coke oven
batteries used to produce metallurgical
coke at these plants emit hazardous air
pollutants (HAPs) such as coke oven
emissions and polycyclic organic
matter listed in section 112 of the Clean
Air Act (CAA).
This action will establish a National
Emission Standard for Hazardous Air
Pollutants (NESHAP) for three specific
operations associated with coke ovens,
namely pushing, quenching, and
battery stacks.
Timetable:
Action
NPRM
Final Action
Date
05/00/00
05/00/01
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4022
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC27711
Phone: 919 541-2910
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH55
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65049
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3369. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT & EXPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 82.8
Legal Deadline: None
Abstract: The Stratospheric Protection
Division currently oversees an
allowance allocation system for the
class I ozone-depleting substances. An
allowance allocation system for class II
ozone-depleting substances or
hydrochlorofiurocarbons (HCFCs) had
not been established prior to 1998
because consumption figures had
hovered around 80% of the cap
imposed by the Montreal Protocol in
1992. The HCFC consumption figures
for 1998 indicate that the US is within
92% of the cap. Since the US is in
danger of violating this cap if high
HCFC consumption rates continue into
1999, the system for allocating
allowances must be in place as soon
as possible in order to control HCFC
consumption for all four quarters of
2000.
Timetable:
Action
Date FR Cite
ANPRM 04/04/99 64 FR 16373
Interim Final Rule 11/00/99
Final Action 03/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4120
Additional deadline: Montreal Protocol.
The Protocol requires compliance with
a formulary cap of all Parties'
consumption of HCFCs.
The ANPRM is available on the Internet
at: http://www.epa.gov/fedrgstr/ EPA-
AIR/1999/April/ Day-05/a8258.htm
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-2216
Fax: 202 565-2095
Email: au.vera@epa.gov
Sue Stendebach, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202564-9117
Fax: 202 565-2093
Email: stendebach.sue@epa.gov
RIN: 2060-AH67
3370. NESHAP: CARBON BLACK
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: The purpose of this action is
to develop a Maximum Achievable
Control Technology (MACT) Standard
for the production of carbon black. The
Clean Air Amendments of 1990 require
this action to be promulgated by
November 15, 2000. The production of
carbon black results in the release to
the air of three hazardous air pollutants
(HAPs) identified by the Act: carbon
disulfide, carbonyl sulfide, and
hydrogen cyanide. Health effects of
these chemicals include acute effects
such as nausea, headache, increased
rate of respiration, eye and skin
irritation and other effects. Chronic
effects can include cardiovascular and
respiratory effects. Additionally carbon
disulfide has been observed to cause
reproductive effects such as congenital
malformations, embryotoxicity, and
functional and behavioral disturbances
in animal studies. Carbon black is
widely used as a reinforcing agent for
rubber. It is also used as a colorant for
printing ink, painting, paper and
plastics. By far the largest use of carbon
black is in the manufacture of
automotive tires. There are 21 carbon
black facilities in the Nation. Carbon
black is manufactured by burning
hydrocarbons in a limited supply of air.
This produces a black smoke
containing extremely small carbon
black particles which can be separated
from the combustion gases to form a
fluffy powder of intense blackness.
Timetable:
Action
Date
FR Cite
NPRM 11/00/99
Final Action 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4105
Sectors Affected: 325182 Carbon Black
Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
RIN: 2060-AH68
3371. NESHAP: FOR SOURCE
CATEGORY: PULP AND PAPER
PRODUCTION; AMENDMENTS TO THE
PROMULGATED RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.440 to 63.459
(Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to clarify sections of the promulgated
pulp and paper industry maximum
achievable control technology (MACT)
standards where commenters have
indicated that the wording is confusing
or changes are needed. This action will
also correct any typographical errors
noted. This action will contain
guidance and amended rule language.
Timetable:
Action
Date FR Cite
Final Rule 09/16/98 63 FR 49455
Interpretations and
technical
amendment
Direct Final Rule 12/28/98 63 FR 71385
Amendment
NPRM Amendment 12/28/98 63 FR 71408
Final Action 04/12/99 64 FR 17555
Interpretations and
technical
amendment
NPRM 11/00/99
Final Rule 08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4123
-------
65050
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH74
3372. NESHAP: ORGANIC
HAZARDOUS AIR POLLUTANTS
FROM THE SYNTHETIC ORGANIC
CHEMICAL INDUSTRY (SOCMI) &
OTHER PROCESSES SUBJECT TO
THE NEGOTIATED REGULATION FOR
EQUIPMENT LEAKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.100 to 63.152
Legal Deadline: None
Abstract: The actions will amend the
HON that was first promulgated on
April 22, 1994, to clarify applicability
of process vent requirements. The
changes to the rule will clarify the
EPA's intent regarding the meaning of
the term process vent and address the
way these provisions are to be
implemented through the permit rule.
The need for this action became
apparent recently when it was learned
that industry was interpreting the
definition more narrowly than we
intended, and thus, not identifying all
process vents subject to the HON.
These amendments will clarify the rule
to ensure consistent interpretations of
the term process vent while preserving
the intended applicability of the
requirements. These clarifications will
not increase or lower or otherwise
affect emissions or environmental
protection. Additionally, the actions
may clarify additional sections of the
HON and correct any typographical
errors noted. These actions may contain
guidance as well as amended rule
language.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
06/00/00
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4103
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Jan Meyer, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5254
Fax: 919 541-5689
Email: meyer.jan@epa.gov
RIN: 2060-AH81
3373. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the administrator of the EPA. The
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the polyvinyl chloride industry, to
be promulgated by November 15, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/99
11/00/00
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4114
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
Warren Johnsonjr., Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
RIN: 2060-AH82
3374. PERFORMANCE
SPECIFICATION 16 - SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411 CAA
section 111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently-
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines).
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 411
Sectors Affected: 33241 Power Boiler
and Heat Exchanger Manufacturing;
333611 Turbine and Turbine Generator
Set Unit Manufacturing; 336399 All
Other Motor Vehicle Parts
Manufacturing; 333618 Other Engine
Equipment Manufacturing
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65051
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-1063
William H. Lamason, Environmental
Protection Agency, Air and Radiation,
MD-19
Phone: 919 541-5374
RIN: 2060-AH84
3375. NESHAP: WET-FORMED
FIBERGLASS MAT PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emission standards for each of the
listed categories of HAP emissions
sources. The wet-formed fiberglass mat
production industry is not included in
the initial list of categories for
standards development but information
available to the Administrator suggests
that the industry is a major source of
HAP emissions and, as such, emission
standards shall be developed for this
industry. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the wet-formed
fiberglass mat production industry may
be reasonably expected to emit one of
the pollutants listed in section 112(b)
of the CAA. The purpose of this action
is to include the industry in the source
category list and to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated for this industry.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH89
3376. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR 191,
SUBPART A
Priority: Routine and Frequent
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
Legal Deadline: None
Abstract: This action is a technical
change to the dose methodology for
subpart A, Environmental Standards for
Management and Storage, of 40 CFR
191, Environmental Radiation
Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level and
Transuranic Radioactive Wastes. The
current methodology is outdated. The
new method, which would be
employed as a result of this action, is
consistent with recent radiation
protection standards as well as Federal
Guidance reports issued by EPA. No
significant impacts from this action are
anticipated.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/00
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6602J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9198
Fax: 202 565-2065
3377. AMENDMENTS TO PARTS 51,
52, 63, 70 AND 71 REGARDING THE
PROVISIONS FOR DETERMINING
POTENTIAL TO EMIT
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action proposes to
amend regulations already established
to implement the new Federal air toxics
program under section 112, including
the General Provisions, the Federal
operating permit program under title V,
and the major source preconstruction
programs under parts C and D of title
I.
The proposed rule will address issues
related to the determination of a
stationary source's potential to emit in
response to three court decisions.
This action resulted from splitting of
RINs 2060-AC98 and 2060-AC63.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
10/00/00
Additional Information: SAN No. 4082 RIN: 2060-AH90
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 347
Agency Contact: Carol Holmes,
Environmental Protection Agency, Air
and Radiation, OECA (2242A),
Washington, DC 20460
Phone: 202 260-8709
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
MD-12
Phone: 919 541-5795
Fax: 919541-5509
Email: hutchinson.lynn@epa.gov
RIN: 2060-AI01
3378. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION ENGINES
RATED OVER 19 KW AND NEW LAND-
BASED RECREATIONAL SPARK-
IGNITION ENGINES
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to
767 l(q)
-------
65052
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 94
Legal Deadline: NPRM, Judicial,
September 30, 2000.
Final, Judicial, December 31, 2001.
Abstract: Emissions from large spark-
ignition engines are currently
unregulated. EPA and CARB are
cooperating in an effort to set emission
standards for these engines to
substantially reduce their contribution
to the emission inventory.
Timetable:
Action
Date FR Cite
Proposed Finding
NPRM
Final Action
02/08/99 64 FR 6008
09/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4154
Sectors Affected: 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 42183
Industrial Machinery and Equipment
Wholesalers; 335312 Motor and
Generator Manufacturing
Agency Contact: Don Kopinski,
Environmental Protection Agency, Air
and Radiation, QMS EPCD, Ann Arbor,
MI 48105
Phone: 734 214-4229
Email: kopinski-don@epa.gov
Alan Stout, Environmental Protection
Agency, Air and Radiation, EPCD, Ann
Arbor, MI 48105
Phone: 734 214-4805
Email: stout.alan@epamail.epa.gov
RIN: 2060-AI11
3379. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM 2004 AND
LATER MODEL YEAR HEAVY-DUTY
HIGHWAY ENGINES AND VEHICLES;
REVISION OF LIGHT-DUTY TRUCK
DEFINITION
Priority: Other Significant
Legal Authority: 42 USC 7401 to 7601;
42 USC 7521
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will focus on the
emission standards and related
requirements for control of air pollution
from 2004 and later model year
highway heavy-duty engines. It will
include an assessment of the feasibility
of the requirements for these engines
promulgated in 1997 plus further
consideration of a number of issues left
open in the rule including potential
diesel fuel changes, diesel particulate
control, and other initiatives to control
emissions in use.
Timetable:
Action
Date
FR Cite
NPRM 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4043
Agency Contact: Christopher Lieske,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 313 668-4584
Email:
lieske.christopher@epamail.epa.gov
Glenn W. Passavant, Environmental
Protection Agency, Air and Radiation,
EPCD, Ann Arbor, MI 48105
Phone: 734 214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AI12
3380. CONSUMER AND COMMERCIAL
PRODUCTS: FLEXIBLE PACKAGE
PRINTING MATERIALS:
DETERMINATION ON CONTROL
TECHNIQUES GUIDELINES IN LIEU OF
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In accordance with Section
183(e) of the Clean Air Act, EPA
identified flexible package printing
materials as a category of consumer and
commercial products prioritized for
regulation to reduce VOC emissions in
ozone nonattainment areas. Section
183(e)(3)(C) gives EPA the authority to
issue CTG in lieu of regulation if the
Administrator determines that CTG are
substantially as effective as regulation
in reducing VOC emissions in ozone
nonattainment areas. This action will
put forward EPA's proposed
determination under section
183(e)(3)(C).
Timetable:
Action
Date FR Cite
NPRM Propose 04/00/00
Determination
Final Action Final 03/00/01
Determmation/CTG
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4245
Agency Contact: Dan Brown,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5305
Fax: 919 541-5689
Email: brown.dan@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI31
3381. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW
COMPRESSION-IGNITION AND
SPARK-IGNITION RECREATIONAL
MARINE ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7547 (a)
CFR Citation: 40 CFR 94
Legal Deadline: Final, Judicial, October
31, 2000.
NPRM, Judicial, November 23, 1999.
Abstract: This NPRM will establish
numerical emission limits for
compression-ignition and spark-ignition
engines used on marine recreational
vessels. This action will complete
EPA's emission control program for
marine engines (commercial engines
and spark-ignition outboard and
personal watercraft engines are covered
in separate rules).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
11/00/00
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65053
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4251
Agency Contact: Holly Pugliese,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48108
Phone: 734 214-4288
Email: pugliese.holly@epa.gov
Jean Marie Revelt, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4822
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI36
3382. PROTECTION OF
STRATOSPHERIC OZONE:
MANUFACTURE OF HALON BLENDS,
INTENTIONAL RELEASE OF HALON,
TECHNICAL TRAINING AND
DISPOSAL OF HALON AND HALON-
CONTAINING EQUIPMENT -
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to7671(q)
CFR Citation: 40 CFR 82.250 to 82.270
Legal Deadline: None
Abstract: EPA promulgated a final rule
(63 FR 11084, March 5, 1998)
concerning numerous aspects of the
handling and processing of halons, a
group of gaseous or easily vaporized
hydrocarbons that are used in a wide
range of fire and explosion protection
applications. Halons are Class I ozone-
depleting substances regulated under
Title VI of the Clean Air Act (Act).
Following publication of this rule,
members of the regulated community
and other stakeholders requested
clarifications to two technical
provisions of this rule, and other,
editorial, clarifications. The two
technical clarifications relate to (1)
EPA's requirements regarding the
efficiency of equipment used during
halon recovery and recycling activities,
and (2) EPA's requirements regarding
technician training. SPD therefore will
consider adding substantive or editorial
clarifications, and/or additional
preamble discussion, to address these
issues. These changes are expected to
be fully consistent with the original
scope and intent of the March 5, 1998
regulation. By providing greater clarity
and specificity to the requirements as
requested by members of the regulated
community and other stakeholders,
EPA will better ensure achievement of
the environmental objectives of this
action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
06/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4252
Agency Contact: Lisa Chang,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9742
Fax: 202 565-2096
Email: chang.lisa@epa.gov
RIN: 2060-AI40
3383. PROTECTION OF
STRATOSPHERIC OZONE:
ADDITIONAL STEPS TO CONFORM
US METHYL BROMIDE PROGRAM TO
OBLIGATIONS UNDER THE
MONTREAL PROTOCOL AND RECENT
CHANGES TO THE CAA
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rulemaking will propose
remaining phaseout steps for methyl
bromide, adjust phaseout data, and
establish additional exemptions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
07/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4271
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2095
Email: land.tom@epamail.epa.gov
RIN: 2060-AI41
3384. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING QUARANTINE AND
PRESHIPMENT METHYL BROMIDE
USED IN THE UNITED STATES AND
BASELINE ADJUSTMENTS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7671 to7671(q)
CFR Citation: 40 CFR 82.1 to 82.13
Legal Deadline: None
Abstract: The Montreal Protocol
exempts quarantine and preshipment
from the methyl bromide production
and import baseline; therefore, a
regulation must be promulgated to
allow for the exemption in EPA's
current allowance system.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/99
04/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4253
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9185
Fax: 202 565-2093
Email: land.tom@epa.gov
RIN: 2060-AI42
3385. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Clean Air Act requires
reviews every five years.
Abstract: Review of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review of the CO NAAQS was
completed in 1994 with a final decision
-------
65054
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
that revisions were not appropriate at
that time.
Timetable:
Action
Date
FR Cite
NPRM 08/00/00
Final Action 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4266
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, MD-15
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.david@epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
MD-15
Phone: 919 541-5271
Fax: 919 541-0237
RIN: 2060-AI43
3386. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Regulatory Plan: This entry is Seq. No.
107 in Part II of this issue of the
Federal Register.
RIN: 2060-AI44
3387. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: The definition of VOC is
proposed to be revised to add tertiary
butyl acetate to the list of negligibly
reactive compounds. This is a
deregulatory action that will remove
tertiary butyl acetate from the necessity
to be controlled as a VOC in SIPs for
attaining the ozone standard. This is
not expected to have a significant
impact on small businesses or local
governments.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4254
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Pa, NC27711
Phone: 919 541-5245
Email: johnson.williaml@epa.gov
Diane McConkey, Environmental
Protection Agency, Air and Radiation,
7426GG, Washington, DC 20460
Email: McConkey.Diane@epa.gov
RIN: 2060-AI45
3388. STANDARDS AND GUIDELINES
FOR SMALL MUNICIPAL WASTE
COMBUSTION UNITS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 direct the
Environmental Protection Agency (EPA)
to set standards of performance and
emission guidelines for new and
existing municipal waste combustors
under Sections 111 and 129; to base
these standards and guidelines on
maximum achievable control
technology; and to include emission
limits for particulate matter, sulfur
dioxide, hydrogen chloride, oxides of
nitrogen, carbon monoxide, mercury,
lead, cadmium, and dioxins and
dibenzofurans. The standards for large
municipal waste combustors were
adopted in 1995. This rule would
establish standards for small MWC
units.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
03/00/01
NPRM
Final Action
11/00/99
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4243
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5264
Email: stevenson.walt@epa.gov
Amanda Aldridge, Environmental
Protection Agency, Air and Radiation,
MD-13, RTP, NC27711
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AI51
3389. • REVISION OF SCHEDULE FOR
STANDARDS UNDER SECTION 112 OF
THE CLEAN AIR ACT
Priority: Info./Admin./Other
Legal Authority: 42 USC 7412 Clean
Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act requires the EPA to publish a list
of major and area source categories
which emit one or more of the
hazardous air pollutants listed in
section 112. An initial list of source
categories was finalized in July 1992,
and contained 174 categories. Section
112 further requires the Agency to
prioritize the listed categories such that
standards are promulgated for 40
source categories within 2 years of
enactment, 25% of all initially listed
categories within 4 years, 50% within
7 years, and 100% within 10 years. The
schedule for the promulgation of
emissions standards was published in
December 1993.
This action revises the list of source
categories and the corresponding
schedule for emission standards. This
is in accordance with the statute, which
requires the Agency to periodically
amend the list in response to public
comment or new information, and no
less often than every eight years. The
list was last updated on February 12,
1998 and the schedule was last updated
on May 17, 1999.
Timetable:
Action
Date
FR Cite
Notice 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65055
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4284
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
Maria Noell, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov
R1N: 2060-AI52
3390. • CONTROL OF EMISSIONS OF
HAZARDOUS POLLUTANTS FROM
MOTOR VEHICLES AND MOTOR
VEHICLE FUELS
Priority: Other Significant
Legal Authority: PL 101-549 sec
202(1) (2)
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, April
28, 1999. Final, Judicial, december 22,
2000.
Abstract: This action will: (1) describe
the hazardous air pollutants emitted
from motor vehicles and motor vehicle
fuels; (2) discuss the Agency's existing
and planned emission control programs
to reduce emissions of these pollutants;
and (3) explore the need for additional
controls. Any additional control
programs will be undertaken and tiered
separately from this action.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
04/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4285
Agency Contact: Jean Marie Revelt,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4822
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI55
3391. • TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Regulatory Plan: This entry is Seq. No.
108 in Part II of this issue of the
Federal Register.
RIN: 2060-AI56
3392. • AREA SOURCE TITLE V
OPERATING PERMIT DEFERRALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq.
CFR Citation: 40 CFR 63.320; 40 CFR
63.340; 40 CFR 63.360; 40 CFR 63.468;
40 CFR 63.541
Legal Deadline: None
Abstract: These amendments to the
National Emission Standards for
Hazardous Air Pollutants (NESHAP;
Part 63) for ethylene oxide sterilizers
(subpart O), dry cleaning facilities
(subpart M), halogenated solvent
cleaning (subpart T), chromium plating
(subpart N), and secondary lead
smelting (subpart X) would continue
the existing deferral for area sources
affected by these subparts from the
need to obtain Parts 70 or 71 operating
permits. The deferrals would extend for
5 years, until December 9, 2005.
Without these amendments, area
sources would become subject to Part
70 or 71 permitting. This amendment
is an administrative action and would
have no impact on the enforcement and
implementation of the NESHAP
themselves. There are no compliance
costs associated with this action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/99
01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4272
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AI58
3393. • DECISION ON A PETITION
FROM THE TERRITORY OF
AMERICAN SAMOA TO BE
EXEMPTED FROM THE GASOLINE
ANTI-DUMPING REGULATIONS.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7625-1 (a)(l)
CAAA
CFR Citation: 40 CFR 80.90 to 80.130
Legal Deadline: None
Abstract: EPA will decide whether to
grant American Samoa's petition to be
exempted from meeting the regulations
at 40 CFR 80 that require all
conventional gasoline sold in the U.S.
to not be more polluting than it was
in 1990—called the "gasoline anti-
dumping regulations." These
regulations were promulgated to
prevent gasoline refiners and
distributors from "dumping" pollutants
into conventional gasoline that are
prohibited in the manufacture of
reformulated gasoline. American Samoa
(and other U.S. territories) are allowed
under Clean Air Act (CAA) section
325 (a) to petition the Administrator for
exemption from certain CAA
requirements if such compliance is not
feasible or is unreasonable due to
unique geographical, meteorological, or
economic factors of such territory, or
other local factors deemed significant.
Timetable:
Action
Date FR Cite
NPRM 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4333
Agency Contact: Marilyn W. McCall,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9029
Fax: 202 564-2085
Email: mccall.mwinstead@epa.gov
Lori Stewart, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-9035
RIN: 2060-AI60
-------
65056
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3394. • NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 43
Agency Contact: Bruce Moore,
Environmental Engineer, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Pa, NC 27711
Phone: 919 541-5460
Email: moore.bruce@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI62
3395. • NATIONAL VOLATILE
ORGANIC COMPOUND EMISSION
STANDARD FOR ARCHITECTURAL
COATINGS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59 (Revision)
Legal Deadline: None
Abstract: Amendments to the
architectural coatings rule are being
proposed to clarify and correct the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
To Be Determined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4287
Agency Contact: Linda Herring,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5358
Email: herring.linda@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI63
3396. • NESHAP FOR THE PRINTING
AND PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial, March
1, 1995.
Final, Statutory, November 15, 1994.
Abstract: The amendments will clarify
the rule and ensure it reflects the EPA's
intent.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
NPRM 03/00/00
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 431
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919541-0859
Email: salman.dave@epamail.epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI66
3397. • HEAVY-DUTY ENGINE
EMISSION STANDARDS AND DIESEL
FUEL SULFUR CONTROL
REQUIREMENTS
Regulatory Plan: This entry is Seq. No.
109 in Part 11 of this issue of the
Federal Register.
RIN: 2060-AI69
3398. • REGULATION OF FUELS AND
FUEL ADDITIVES: EXTENSION OF
REFORMULATED GASOLINE
PROGRAM TO THE KANSAS CITY, KS
FORMER OZONE NONATTAINMENT
AREA
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is issuing a notice of
proposed rulemaking to revise the
reformulated gasoline (RFC) regulations
to include the Kansas City, KS former
ozone nonattainment area in the federal
RFC program.
Timetable:
Action
Date FR Cite
NPRM
11/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4356
Agency Contact: Karen Smith,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9674
Fax: 202 565-2085
Email: smith.karen@epa.gov
RIN: 2060-AI70
3399. • PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS (E.G.,
MEK, EGBE, METHANOL, AND MIBK)
FROM SECTION 112(B)(1) OF THE
CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency has received 4
petitions to remove certain pollutants
(i.e., methanol, methyl ethyl ketone,
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65057
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 accepts 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/00
12/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4313
Agency Contact: Karen Martin,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5274
Email: martin.karen@epa.gov
Chuck French, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-0467
Email: french.chuck@epa.gov
RIN: 2060-AI72
3400. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF 2000 ESSENTIAL-
USE ALLOWANCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601;42USC7671-7671(q)
CFR Citation: 40 CFR 82
Legal Deadline: Final, Statutory,
January 1, 2000, Allocations for the
year 2000 must be published in the
Federal Register by this date.
Abstract: This proposed rule will set
essential-use allowances for 2000 under
the Montreal Protocol on Substances
that Deplete the Ozone Layer (Protocol).
Essential-use allowances permit a
person to obtain controlled ozone-
depleting substances, such as
chloroflourocarbons (CFCs), as an
exemption to the January 1, 1996
regulatory phaseout of production and
import. Essential-use allowances are
allocated to a person for exempted
production or importation of a specific
quantity of a controlled substance
solely for the designated essential
purpose.
Timetable:
Action
Date FR Cite
NPRM 11/02/99 64 FR 59141
Comment Period End 12/02/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4318
Sectors Affected: 325412
Pharmaceutical Preparation
Manufacturing; 927 Space Research and
Technology
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AI73
3401. • TRANSPORTATION
CONFORMITY AMENDMENT:
DELETION OF GRACE PERIOD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-767 Iq
CFR Citation: 40 CFR 93.102(d)
Legal Deadline: Final, Judicial,
December 31, 1999.
Abstract: This action would delete a
provision of the transportation
conformity rule that was overturned by
the U.S. Court of Appeals. In 1995, EPA
amended the conformity rule so that
new nonattainment areas would have
a one-year grace period before
transportation conformity began
applying. In 1997, the court overturned
this grace period. This action would
formally delete the provision from the
transportation conformity rule in
compliance with the court ruling. In
addition, this action will discuss some
issues that we raised in a Petition for
Reconsideration of the original
transportation conformity rule
(finalized November 24, 1993). This
action would not change the conformity
rule in response to these issues. EPA
is required by court settlement to
finalize this action by December 31,
1999. EPA entered into settlement in
1998 in response to litigation by the
Environmental Defense Fund. This
action will have no practical impact for
areas that are subject to conformity,
because the provision that will be
deleted was overturned—and therefore
has not been implemented—since 1997.
Transportation conformity is a Clean
Air Act requirement for transportation
plans, programs, and projects to
conform to state air quality plans.
Conformity to a state air quality plan
means that transportation activities will
not produce new air quality violations,
worsen existing violations, or delay
timely attainment of the national
ambient air quality standards.
Timetable:
Action Date FR Cite
NPRM
Final Action
11/00/99
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4352
Agency Contact: Kathryn Sargeant,
Environmental Protection Agency, Air
and Radiation, RSPD, Washington, DC
20460
Phone: 734 214-4441
Fax: 734 214-4052
Email: sargeant.kathryn@epa.gov
RIN: 2060-AI76
3402. • AMENDMENTS TO THE
AEROSPACE MANUFACTURING AND
REWORK FACILITIES NESHAP FOR
THE HAP AND VOC CONTENT LIMITS
FOR PRIMER OPERATIONS AND
STAY OF COMPLIANCE.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.745(c)(l)-(2)
Legal Deadline: None
-------
65058
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: This rule was promulgated
on September 1, 1995 with an initial
compliance date of September 1, 1998.
EPA granted compliance extensions;
however these extensions will expire
September 1, 1999. This proposal
would stay the compliance date of the
substantive and associated compliance
assurance requirements for the organic
HAP content and VOC content levels
for primer applications operations. This
proposed stay would remain in effect
until the date we amend the rule, at
which point we would publish new
compliance dates for these
requirements. Based on recent
information submitted to the us by one
of the commercial aircraft
manufacturers, expressing significant
technical concerns about the ability to
achieve the primer coating content
standard for commercial exterior
primers, we are proposing amendments
to the Aerospace National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) that will change the organic
HAP and VOC level content standard
related to the use of commercial
exterior primers.
Timetable:
Action
Date FR Cite
NPRM Stay of
Compliance
Final Rule Stay of
Compliance
NPRM Amendment
Final Rule
Amendment
11/00/99
11/00/99
11/00/99
02/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4353
Sectors Affected: 336411 Aircraft
Manufacturing
Agency Contact: James Szykman,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-2452
Email: szykman.jim@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTP, NC27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AI77
3403. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES - PHARMACEUTICALS
PRODUCTION; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR part 63
Legal Deadline: None
Abstract: The final rule was
promulgated on September 21, 1998.
On November 20, 1998, a petition to
review the final rule was filed by the
Pharmaceutical Research and
Manufacturers Association with the
Court of Appeals for the District of
Columbia Circuit. This action proposes
amendments to the rule per the
settlement agreement. The amendments
include several clarifications, changes
to key definitions, changes to the
alternative standard requirements, and
changes in the administrative
requirements. There are no anticipated
incremental impacts due to these
amendments, in fact, the impacts of the
rule have been reduced due to the
streamlining of the monitoring,
reporting and recordkeeping
requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
12/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4354
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13, RTP, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTP, NC 27711
Phone: 919 541-5396
Fax: 919 541-3047
Email: lassiter.penny@epa.gov
RIN: 2060-AI78
3404. • PROPOSED RULE TO AMEND
SUBPART H, 40 CFR PART 61 FOR
EMISSIONS OF RADIONUCLIDES
OTHER THAN RADON FROM DOE
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; 42 USC
7412 CAAA 112(g) or (q)
CFR Citation: 40 CFR 61.93(a); 40 CFR
Legal Deadline: None
Abstract: Abstract: Section 112(g) of
the Clean Air Act Amendments
requires reviewing existing standards
and revising if appropriate to comply
with emission standards under CAAA.
This is mandatory for Subpart H and
must be reviewed by the year 2000.
Therefore, at this time, Subpart H has
been reviewed and determined that two
necessary changes need to be made
because of advancements in science
and technology. The changes are as
follows in the 40 CFR 61, Sections
61.93(a) and 61.93(b)(2)(ii): Section
61.93(a) to state: "To determine
compliance with the standard
radionuclide emissions shall be
determined and effective dose
equivalent values to members of the
public calculated using EPA approved
sampling procedures, computer models
or other procedures for which EPA has
granted prior approval." This new
statement would eliminate actually
stating the names of any computer
models, as how Subpart H is written
now. Section 61.93(b)(2)(ii) to state:
"The effluent stream shall be directly
monitored continuously with an in-line
detector or representative samples of
the effluent stream shall be withdrawn
continuously from the sampling site
following the guidance presented in
ANSIN13. 1-1999 "Guide to Sampling
Airborne Radioactive Materials in
Nuclear Facilities" (including the
guidance presented in appendix A of
ANSIN13.1; incorporated by reference
Section 61.18) [Note: some Grandfather
language will appear as well].
Currently, Subpart H cites ANSIN13.1-
1969 as the sampling guide to use. This
document is 30 years old and
scientifically outdated. ANSIN13.1-
1999 has been approved and would be
most appropriate to replace ANSIN13.1-
1969 in Subpart H at this time.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65059
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date FR Cite
05/00/00
05/00/01
Email: gerald.nash@epa.gov
RIN: 2060-AI86
3406. • DEVELOPMENT OF
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information* SAN No 430R
Sectors Affected: 21231 Stone Mining
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4273
Agency Contact: Robin Anderson,
Environmental Protection Agency, Air
and Radiation, 6602J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN: 2060-AI81
3405. • NATIONAL AMBIENT AIR
QUALITY STANDARD FOR OZONE -
CORRECTIONS NOTICE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7409; 42 USC
7601 (a)
CFR Citation: 40 CFR 50.9 (a)
Legal Deadline: None
Abstract: This action corrects the Code
of Federal Regulations to include an
alternative pollutant-monitoring
method that was inadvertently left out
when the National Ambient Air Quality
Standards for Ozone were revised in
1979. This amendment will assure that
States have the flexibility in choice of
monitoring methods that was originally
intended.
Timetable:
Action
Date
FR Cite
Notice 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4304
Agency Contact: Brenda Millar,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919 541-4036
Fax: 919 541-1903
Email: millar.brenda@epa.gov
Nash Gerald, Environmental Protection
Agency, Air and Radiation, MD-14
Phone: 919 541-5652
Fax: 919 541-1903
REFERENCE METHOD FOR THE
DETERMINATION OF SOURCE
EMISSIONS OF FILTERABLE FINE
PARTICULATE MATTER AS PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51 App M
Legal Deadline: None
Abstract: Under this action, EPA is
initiating the publication of a reference
test method that can be used to
quantify that portion of particulate
matter emissions that are solid at stack
conditions and are equal to or less than
2.5 uM in aerodynamic diameter. This
test method is to be used in
conjunction with existing and future
reference methods which are designed
to quantify condensable particulate and
particulate precursors. Condensable
particulate is that portion of particulate
matter emissions that are gaseous at
stack conditions but which quickly
condense to a solid form when released
to the atmosphere. Particulate
precursors are gaseous compounds
which become solids as a result of
chemical reactions in the atmosphere.
This test method supports the amended
National Ambient Air Quality Standard
(NAAQS) for particulate matter which
was promulgated on July 18, 1997. The
NAAQS was revised by adding new
standards for particulate of 2.5 uM
aerodynamic diameter. An important
foundation element of State efforts to
attain the NAAQS will be the
development of reliable inventories of
baseline particulate and particulate
precursor emissions. The emission
inventories developed should be based
upon credible source tests of individual
facilities or emission factors developed
from credible source tests. At the
present time there is no reference test
method available for quantifying the
filterable particulate matter of 2.5 uM
aerodynamic diameter from emission
sources.
Timetable:
Action
Date
FR Cite
NPRM 12/00/99
Final Action 08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
and Quarrying; 221112 Fossil Fuel
Electric Power Generation; 3212
Veneer, Plywood and Engineered Wood
Product Manufacturing; 32411
Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3313 Alumina and Aluminum
Production and Processing; 3314
Nonferrous Metal (except Aluminum)
Production and Processing; 3315
Foundries
Agency Contact: Ronald E. Myers,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-5407
Fax: 919 541-1039
Email: myers.ron@epa.gov
Tom Logan, Environmental Protection
Agency, Air and Radiation, MD-19
Phone: 919 541-2580
Fax: 919 541-1039
Email: logan.tom@epa.gov
RIN: 2060-AI87
3407. • INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR 51 (revision); 40
CFR 93 (new)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave states certain authorities over the
-------
65060
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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.
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 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4348
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation
Phone: 202 564-5592
RIN: 2060-AI88
3408. • REGULATION OF FUELS AND
FUEL ADDITIVES: REFORMULATED
GASOLINE ADJUSTMENT
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 80.45
Legal Deadline: None
Abstract: The proposed regulation
would allow CO reductions (associated
with oxygen in the gasoline above 2.0
wt %) to be used to offset increases
in VOC emissions. The change would
allow gasoline that has ethanol as an
oxygenate to have a slightly higher Reid
Vapor Pressure (RVP), which would
alleviate some cost burdens for
complying with Phase II of the RFC
program. The change would therefore
address the concern of the ethanol
industry that such gasoline would
otherwise be "locked out" of the
market.
Timetable:
Action
Date
FR Cite
NPRM 01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4358
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9028
Fax: 202 565-2075
Email: garelick.barry@epa.gov
Lori Stewart, Environmental Protection
Agency, Air and Radiation
Phone: 202 564-9028
Fax: 202 565-2084
Email: stewart.lori@epa.gov
RIN: 2060-AI89
3409. • PROPOSED RULE TO AMEND
SUBPART H, 40 CFR PART 61 FOR
EMISSIONS OF RADIONUCLIDES
OTHER THAN RADON FROM DOE
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; 42 USC
7412 CAAA 112(g) or (q)
CFR Citation: 40 CFR 61.93(a); 40 CFR
Legal Deadline: None
Abstract: Abstract: Section 112(g) of
the Clean Air Act Amendments
requires reviewing existing standards
and revising if appropriate to comply
with emission standards under CAAA.
This is mandatory for Subpart H and
must be reviewed by the year 2000.
Therefore, at this time, Subpart H has
been reviewed and determined that two
necessary changes need to be made
because of advancements in science
and technology. The changes are as
follows in the 40 CFR 61, Sections
61.93(a) and 61.93(b)(2)(ii): Section
61.93 (a) to state: "To determine
compliance with the standard
radionuclide emissions shall be
determined and effective dose
equivalent values to members of the
public calculated using EPA approved
sampling procedures, computer models
or other procedures for which EPA has
granted prior approval." This new
statement would eliminate actually
stating the names of any computer
models, as how Subpart H is written
now. Section 61.93(b)(2)(ii) to state:
"The effluent stream shall be directly
monitored continuously with an in-line
detector or representative samples of
the effluent stream shall be withdrawn
continuously from the sampling site
following the guidance presented in
ANSIN13.1-1999 "Guide to Sampling
Airborne Radioactive Materials in
Nuclear Facilities" (including the
guidance presented in appendix A of
ANSIN13.1; incorporated by reference
Section 61.18) [Note: some Grandfather
language will appear as well].
Currently, Subpart H cites ANSIN13.1-
1969 as the sampling guide to use. This
document is 30 years old and
scientifically outdated. ANSIN13.1-
1999 has been approved and would be
most appropriate to replace ANSIN13.1-
1969 in Subpart H at this time.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/00
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4273
Agency Contact: Robin Anderson,
Environmental Protection Agency, Air
and Radiation, 6602J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN: 2060-AI90
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65061
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3410. • NATIONAL AMBIENT AIR
QUALITY STANDARD FOR OZONE -
CORRECTIONS NOTICE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7409; 42 USC
7601 (a)
CFR Citation: 40 CFR 50.9 (a)
Legal Deadline: None
Abstract: This action corrects the Code
of Federal Regulations to include an
alternative pollutant-monitoring
method that was inadvertently left out
when the National Ambient Air Quality
Standards for Ozone were revised in
1979. This amendment will assure that
States have the flexibility in choice of
monitoring methods that was originally
intended.
Timetable:
Action
Date
FR Cite
Notice 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4304
Agency Contact: Brenda Millar,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919 541-4036
Fax: 919 541-1903
Email: millar.brenda@epa.gov
Nash Gerald, Environmental Protection
Agency, Air and Radiation, MD-14
Phone: 919 541-5652
Fax: 919 541-1903
Email: gerald.nash@epa.gov
RIN: 2060-AI95
3411. • DEVELOPMENT OF
REFERENCE METHOD FOR THE
DETERMINATION OF SOURCE
EMISSIONS OF FILTERABLE FINE
PARTICULATE MATTER AS PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51 App M
Legal Deadline: None
Abstract: Under this action, EPA is
initiating the publication of a reference
test method that can be used to
quantify that portion of paniculate
matter emissions that are solid at stack
conditions and are equal to or less than
2.5 uM in aerodynamic diameter. This
test method is to be used in
conjunction with existing and future
reference methods which are designed
to quantify condensable particulate and
particulate precursors. Condensable
particulate is that portion of particulate
matter emissions that are gaseous at
stack conditions but which quickly
condense to a solid form when released
to the atmosphere. Particulate
precursors are gaseous compounds
which become solids as a result of
chemical reactions in the atmosphere.
This test method supports the amended
National Ambient Air Quality Standard
(NAAQS) for particulate matter which
was promulgated on July 18, 1997. The
NAAQS was revised by adding new
standards for particulate of 2.5 uM
aerodynamic diameter. An important
foundation element of State efforts to
attain the NAAQS will be the
development of reliable inventories of
baseline particulate and particulate
precursor emissions. The emission
inventories developed should be based
upon credible source tests of individual
facilities or emission factors developed
from credible source tests. At the
present time there is no reference test
method available for quantifying the
filterable particulate matter of 2.5 uM
aerodynamic diameter from emission
sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/99
08/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4306
Sectors Affected: 21231 Stone Mining
and Quarrying; 221112 Fossil Fuel
Electric Power Generation; 3212
Veneer, Plywood and Engineered Wood
Product Manufacturing; 32411
Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3313 Alumina and Aluminum
Production and Processing; 3314
Nonferrous Metal (except Aluminum)
Production and Processing; 3315
Foundries
Agency Contact: Ronald E. Myers,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-5407
Fax: 919 541-1039
Email: myers.ron@epa.gov
Tom Logan, Environmental Protection
Agency, Air and Radiation, MD-19
Phone: 919 541-2580
Fax: 919 541-1039
Email: logan.tom@epa.gov
RIN: 2060-AI96
3412. • INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other, Significant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR 51 (revision); 40
CFR 93 (new)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave states certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
states include those elements in their
SIPs. EPA is proposing to: 1) Amend
the Federal facilities I/M requirements
by removing that section. 2) Correct
existing I/M SIP approval actions
which include these elements. 3)
Establish new Federal facilities I/M
program requirements which Federal
Facilities in I/M program areas must
meet in order to comply with the Act.
4) Designate for each state which
section of the Act Federal agencies
must comply with based on how that
state promulgated its I/M regulations.
These changes will have minimal to no
impact on the states as no new
-------
65062
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4348
Agency Contact: Sara Schneeberg,
Environmental Protection Agency, Air
and Radiation
Phone: 202 564-5592
Buddy Polovick, Environmental
Protection Agency, Air and Radiation,
Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AI97
3413. • REGULATION OF FUELS AND
FUEL ADDITIVES: REFORMULATED
GASOLINE ADJUSTMENT
Priority: Other, Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 80.45
Legal Deadline: None
Abstract: The proposed regulation
would allow CO reductions (associated
with oxygen in the gasoline above 2.0
wt %) to be used to offset increases
in VOC emissions. The change would
allow gasoline that has ethanol as an
oxygenate to have a slightly higher Reid
Vapor Pressure (RVP), which would
alleviate some cost burdens for
complying with Phase II of the RFC
program. The change would therefore
address the concern of the ethanol
industry that such gasoline would
otherwise be "locked out" of the
market.
Timetable:
Action
Date
FR Cite
NPRM 03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4358
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9028
Fax: 202 565-2075
Email: garelick.barry@epa.gov
Lori Stewart, Environmental Protection
Agency, Air and Radiation, 6406J
Phone: 202 564-9028
Fax: 202 565-2084
Email: stewart.lori@epa.gov
RIN: 2060-AI98
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3414. • LIST OF REGULATED
SUBSTANCES AND THRESHOLDS
FOR ACCIDENTAL RELEASE
PREVENTION; PROPOSED
AMENDMENT; FLAMMABLE
HYDROCARBON FUEL EXEMPTION
Priority: Other Significant
Legal Authority: 42 USC 7412(r)
CFR Citation: 40 CFR 68 (Revision)
Legal Deadline: None
Abstract: EPA proposed to modify the
list of regulated substances and
threshold quantities rule promulgated
under section 112(r) of the Clean Air
Act. EPA proposed 67,000 pounds or
less of a listed flammable hydrocarbon
fuel (propane, butane, ethane,
propylene, methane) be exempt from
threshold quantity determination when
handled in a process that is not
manufacturing the fuel or connected to,
or co-located with another covered
process at the facility. This rule change
is meant to provide relief to fuel users
such as farms, hospitals, restaurants,
hotels, etc. EPA also issued an interim
stay of the effective date of the Risk
Management Program rule as it applies
to flammable hydrocarbon fuels,
including propane, butane, ethane,
propylene, and methane in quantities
no greater than 67,000 pounds in a
process.
Timetable:
Action
Date
FR Cite
Final Rule 05/28/99 64 FR 29167
Administrative Stay
of Effectiveness
NPRM 05/28/99 64 FR 29171
Final Action See 12/00/99
additional
information.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4291
EPA will be doing a rule that will
impact this rulemaking effort. See RIN
2050-AE74, SAN 4302.
Sectors Affected: 111 Crop Production;
523 Securities, Commodity Contracts
and Other Intermediation and Related
Activities; 722 Foodservices and
Drinking Places; 112 Animal
Production
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
RIN: 2050-AE72
3415. NEW SOURCE REVIEW (NSR)
REFORM
Regulatory Plan: This entry is Seq. No.
125 in Part II of this issue of the
Federal Register,
RIN: 2060-AE11
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65063
EPA—Clean Air Act (CAA)
Final Rule Stage
3416. NONROAD SPARK-IGNITION
ENGINES AT OR BELOW 19
KILOWATTS (25 HORSEPOWER)
(PHASE 2)
Regulatory Plan: This entry is Seq. No.
126 in Part II of this issue of the
Federal Register.
RIN: 2060-AE29
3417. NESHAP: MANUFACTURING OF
AMINO AND PHENOLIC RESINS
(POLYMERS AND RESINS GROUP III)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1997.
Abstract: Section 112 of the amended
Clean Air Act requires development of
emission standards for all major
sources, and selected area sources,
emitting any of the 188 hazardous air
pollutants listed in section 112(b) of the
Act. Amino, and phenolic resins
productions have been listed as
categories of major sources based on
documented emissions of phenol
and/or formaldehyde. The purpose of
the NESHAP for the Manufacturing of
Amino and Phenolic Resins (Polymers
and Resins Group III) project is to
initiate the regulatory process for
sources engaged in the production of
amino, and phenolic resins, and to
ultimately develop a NESHAP based on
candidate Maximum Achievable
Control Technology.
Timetable:
Action
Date FR Cite
NPRM 12/14/98 63 FR 68831
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3228
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
John Schaefer, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
RIN: 2060-AE36
3418. NESHAP: PHOSPHATE
FERTILIZERS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1997, Clean Air Act
Amendments of 1990.
Abstract: EPA is required to publish
an initial list of all categories of major
and area sources of the hazardous air
pollutants (HAPs) listed in section
112(b) of the CAAA and, to establish
dates for the promulgation of emission
standards for each of the listed
categories of HAP emission sources and
develop emission standards for each
source of HAPs so that the schedule
is met. The standards are to be
technology-based and are to require the
maximum degree of emission reduction
determined to be achievable by the
Administrator. The Agency has
determined that the phosphate fertilizer
production industry emits several of
the 189 HAPs listed in section 112(b)
of the CAAA. The purpose of this
action is to pursue a regulatory
development program that would
ensure that emission standards may be
proposed and promulgated for this
industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/27/96 61 FR 68430
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3304
Agency Contact: Ken Durkee,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5425
Fax: 919 541-5600
Email: durkee.ken@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5596
Email: crowder.jim@epa.gov
RIN: 2060-AE44
3419. NESHAP: PRIMARY COPPER
SMELTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The primary copper smelting
industry is known to emit a number
of the hazardous air pollutants listed
in section 112 of the Clean Air Act.
The industry is comprised of seven
smelters located in four states. All have
extensive control systems for oxides of
sulfur and HAPs. However, fugitive
emissions may cause several smelters
to exceed major source levels.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/20/98 63 FR 19582
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 334
Agency Contact: Eugene Grumpier,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.eugene@epa.gov
Al Verveart, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE46
3420. NESHAP: SECONDARY
ALUMINUM INDUSTRY
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
December 15, 1999.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the Act, to
publish a schedule establishing a date
-------
65064
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
for the promulgation of emission
standards for each of the listed
categories of HAP emission sources,
and develop emission standards for
each source of HAPs such that the
schedule is met. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The Agency has
determined that the secondary
aluminum industry may reasonably be
anticipated to emit several of the 188
HAPs listed in section 112(b) of the
Act. As a consequence, the source
category is included on the initial list
of HAP emitting categories and is on
the list of categories scheduled for
standards promulgation within seven
years of enactment of the Act. The
purpose of this action is to pursue a
regulatory development program that
would help to ensure that emission
standards may be promulgated.
Emission standards for this category
were proposed on February 11, 1999.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/11/99 64 FR 6946
12/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3078
Sectors Affected: 331314 Secondary
Smelting and Alloying of Aluminum
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13
Phone:919541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AE77
3421. NSPS: SYNTHETIC ORGANIC
CHEMICALS MANUFACTURING
INDUSTRY - WASTEWATER (FINAL) &
AMEND. TO APPENDIX C OF PART 63
& APPENDIX J OF PART 61
Priority: Other Significant
Legal Authority: CAAA
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule will develop a new
source performance standard to control
air emissions of volatile organic
compounds from wastewater treatment
operations of the synthetic chemical
manufacturing industry.
Timetable:
Action
Date FR Cite
NPRM
SuppNPRM-1st
Supp NPRM-2nd
Appendix J to Part
60
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 338
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5395
Mary Kissell, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
RIN: 2060-AE94
3422. NESHAP: PUBLICLY OWNED
TREATMENT WORKS (POTW)
Priority: Other Significant
Legal Authority: 42 USC 7412(e)(5)
CAAA sec 112(e)(5); 42 USC 7412(n)(3)
CAAA sec 112(n)(3)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, October
15, 1999.
Abstract: This rule will specify
maximum achievable control
technology for publicly owned
treatment works (POTW), also known
as sewage/wastewater treatment plants,
or water reclamation facilities.
Hazardous air pollutant emissions from
the headworks, primary and secondary
treatment, solids handling, and other
operations will be considered in
developing the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/01/98 63 FR 66084
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 3377
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919541-5395
Bob Lucas, Environmental Protection
Agency, Air and Radiation, MD-13
Phone:919541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
RIN: 2060-AF26
3423. NESHAP: PETROLEUM
REFINERIES—FCC UNITS,
REFORMERS AND SULFUR PLANTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial,
November 15, 1999.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop national emission standards for
hazardous air pollutants (NESHAPs).
EPA promulgated NESHAP rules for
petroleum refineries on August 18,
1995 (RIN 2060-AD94). This action
covers three process vents not covered
under RIN 2060-AD94. These are the
catalyst regeneration vents from fluid
catalytic cracking units (FCCU) and
catalytic reformers and the tail gas
vents from sulfur recovery plants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/11/98 63 FR 48889
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65065
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 354
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919541-5395
Bob Lucas, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epa.gov
RIN: 2060-AF28
3424. IMPLEMENTATION OF OZONE
AND PARTICULATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS) AND
REGIONAL HAZE REGULATIONS
Regulatory Plan: This entry is Seq. No.
127 in Part II of this issue of the
Federal Register.
RIN: 2060-AF34
3425. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CAA sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This rule will amend the
recordkeeping aspects of the technician
certification program, clarify aspects of
a sales restriction, and adopt an
updated version of ARI standard 740.
The rule will also clarify the distinction
between major and non-major repairs
and amend several definitions
including small appliances. The rule
also addresses the transfers of
unreclaimed refrigerant between
majority-owned and majority-controlled
subsidiaries.
Timetable:
Action
Date
FR Cite
NPRM 1 02/29/96 61 FR 7858
NPRM 11/01/96 61 FR 56493
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3556
Additional SANs 3895, 3896. This rule
will address a potential adoption of a
more flexible method for cleaning
refrigerants for refrigerant transferred
between appliances with different
ownership with a potential adoption of
a 3rd party certification program for
labs.
Agency Contact: Michael Forlini,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9475
Fax: 202 564-9665
RIN: 2060-AF36
3426. PROTECTION OF
STRATOSPHERIC OZONE:
REFRIGERANT RECYCLING RULE
AMENDMENT TO INCLUDE
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7671 (g) CAA
sec 608; 42 USC 7401 et seq
CFR Citation: 40 CFR 82 (F)
Legal Deadline: None
Abstract: This action would facilitate
fulfillment of the statutory mandate to
apply the venting prohibition to
substitute refrigerants. The action
would provide regulations covering
recovery/recycling equipment,
recovery/recycling practices, and
applicable certifications that would be
required to accomplish compliance
with the venting prohibition.
Requirements would parallel those of
the current section 608 regulations,
expanding applicability, where
appropriate, to substitute refrigerants.
Timetable:
Action
Date FR Cite
NPRM 06/11/98 63 FR 32044
Final Action 01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 356
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
RIN: 2060-AF37
3427. 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
NPRM 09/08/99 64 FR 48731
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 356
Agency Contact: Douglas McDaniel,
Environmental Protection Agency, Air
and Radiation, Region09, San
Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Air and Radiation
Phone: 520498-0118
RIN: 2060-AF42
3428. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 (b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601 (a)
CFR Citation: 40 CFR 51
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
-------
65066
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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 01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-2707
Fax: 919 541-1058
Email: westlin.peter@epa.gov
RIN: 2060-AF83
3429. FEDERAL IMPLEMENTATION
PLAN (FIP) TO CONTROL EMISSIONS
FROM SOURCES LOCATED ON THE
FORT HALL INDIAN RESERVATION
Priority: Other Significant
Legal Authority: CAA, title I
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA will propose Federal
rulemaking for sources located on the
Reservation to implement the intent of
the Clean Air Act (CAA) title I program
to bring about attainment of the PM-
10 NAAQS both on and off the Fort
Hall Indian Reservation.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/12/99 64 FR 7307
07/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3637
Agency Contact: Steve Body,
Environmental Protection Agency, Air
and Radiation, RegionlO, Seattle, WA
98101
Phone: 206 553-0782
RIN: 2060-AF84
3430. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 767 l(k) CAA sec 612
CFR Citation: 40 CFR 9; 40 CFR 82
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Unlike acceptable
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Timetable:
Action
ANPRM
NPRM
Final Rule
Notice 1
NPRM1
Notice 2
Final Rule 1
Notice 3
NPRM 2
Notice 4
NPRM 3
Final Rule 2
Notice 5
Final Rule 3
Notice 6
NPRM 4
Notice 7
NPRM 5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
NPRM 6
ANPRM 9
Final Rule 5
Notice 1 0
Final Rule 6
Notice 1 1
NPRM 9
Final Rule 9
Date FR Cite
01/16/92 57 FR 1984
05/12/93 58 FR 28094
03/18/94 59 FR 13044
08/26/94 59 FR 44240
09/26/94 59 FR 491 08
01/13/95 60 FR 3318
06/13/95 60 FR 31 092
07/28/95 60 FR 38729
10/02/95 60 FR 51 383
02/08/96 61 FR 4736
05/22/96 61 FR 25604
05/22/96 61 FR 25585
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 91 51
05/22/98 63 FR 28251
01/26/99 64 FR 3861
01/26/99 64 FR 3865
02/18/99 64 FR 8038
02/18/99 64 FR 8043
04/28/99 64 FR 22981
06/08/99 64 FR 30410
11/00/99
11/00/99
03/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3525
(Generic SAN)
Agency Contact: Kelly Davis,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-2303
Fax: 202 565-2096
RIN: 2060-AG12
3431. SERVICE INFORMATION
AVAILABILITY
Priority: Other Significant
Legal Authority: 42 USC 752l(m)
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This rule will require
manufacturers of automobiles to
provide necessary information needed
to make use of emission control
diagnostic systems as well as that
needed to make emission-related
diagnosis and repairs by any person
engaged in the repairing or servicing
of motor vehicles or motor vehicle
engines. This will allow independent
service repair garages, individual
owners, parts manufacturers, etc., to
have access to emission control
information to better service
automobiles and ensure clean air
compliance requirements.
Timetable:
Action
Date
FR Cite
Final Action
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3741
Agency Contact: David Dickinson,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 202 564-9296
Email:
dickinson.david@epamail.epa.gov
RIN: 2060-AG13
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65067
EPA—Clean Air Act (CAA)
Final Rule Stage
3432. AMENDMENTS FOR TESTING
AND MONITORING PROVISIONS TO
PART 60, PART 61, AND PART 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7410 to 7412; 42 USC 7414; 42 USC
7416
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
Legal Deadline: None
Abstract: This rulemaking will amend
the emission test methods and
performance specifications in
appendices A and B of part 60,
appendix B of part 61, and appendix
A of part 63 by revising the method
format to conform with Environmental
Monitoring Management Council
(EMMC) guidelines. Conformance to the
guidelines will promote consistency
among inter-program methods. In
addition, minor technical and printing
errors in the methods will be corrected.
Similar errors in various subparts of
part 60 will also be corrected.
Performance specification 15 is also
being proposed in this rulemaking.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/27/97 62 FR 45369
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3743
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-1063
Fax: 919 541-1039
Email: curtis.foston@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
RTF, NC 27711
Phone: 919 541-5374
RIN: 2060-AG21
3433. AMENDMENT TO STANDARDS
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (PS-1)
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This action proposes to
clarify and update requirements for
source owners and operators who must
install and use continuous stack or duct
opacity monitoring equipment. This
action also proposes amendments
regarding design and performance
validation requirements for continuous
opacity monitoring system (COMS)
equipment in appendix B, PS-1. These
amendments to subpart A and PS-1 will
not change the affected facilities'
applicable emission standards or
requirement to monitor. The
amendments will: (1) clarify owner and
operator and monitor vendor
obligations, (2) reaffirm and update
COMS design and performance
requirements, and (3) provide EPA and
affected facilities with equipment
assurances for carrying out effective
monitoring. The specifications shall
apply to all COMS's installed or
replaced after the date of promulgation.
Following promulgation, a source
owner, operator, or manufacturer will
be subject to these performance
specifications if installing a new
COMS, relocating a COMS, replacing a
COMS, re-certifying a COMS that has
undergone substantial refurbishing, or
has been specifically required to re-
certify the COMS with these revisions.
Timetable:
Action
Date FR Cite
NPRM 11/24/94 59 FR 60585
Supplemental NPRM 09/23/98 63 FR 50824
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3744
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AG22
3434. CONSOLIDATED FEDERAL AIR
RULE FOR THE SYNTHETIC ORGANIC
CHEMICAL MANUFACTURING
INDUSTRY
Regulatory Plan: This entry is Seq. No.
128 in Part II of this issue of the
Federal Register.
RIN: 2060-AG28
3435. NSPS: SEWAGE SLUDGE
INCINERATORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401-7626
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Agency has decided to
delist this source category because
investigation has revealed that there are
no major sources in this category.
Instead, potential emissions standards,
specifically TCDD, TCDF and co-planar
PCB emissions, will be addressed under
the authority of Section 405 (d) of the
Clean Water Act. A delisting notice will
be published in the first quarter of
2000.
Timetable:
Action
Date
FR Cite
ANPRM
Delisting Notice
01/14/97 62 FR 1868
03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 381
Sectors Affected: 22132 Sewage
Treatment Facilities
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Eugene Grumpier, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.eugene@epa.gov
RIN: 2060-AG50
-------
65068
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3436. REVISIONS TO THE
REGULATION FOR APPROVAL OF
STATE PROGRAMS AND
DELEGATION OF FEDERAL
AUTHORITIES 112(L)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7412 CAA Sec
112(1)
CFR Citation: 40 CFR 63 (E)
Legal Deadline: None
Abstract: Guidance in the form of
rulemaking is being developed in
accordance with the requirements of
section 112(1) of the Clean Air Act
Amendments of 1990 for the approval
of State air toxic programs and the
delegation of Federal authorities to the
States for the implementation and
enforcement of section 112 emission
standards and other requirements. This
regulatory document will provide some
flexibility to States in the following
areas: minimum requirements for EPA
approval of State air toxics regulations
that are equivalent to or more stringent
than the Federal standards and
minimum requirements for EPA
approval of State air toxics programs
that are equivalent to or more stringent
than the Federal program. Specific
issues that will be addressed include:
alternative work practice standards;
alternative monitoring, recordkeeping,
and reporting; alternative test method
approval process; equivalency by
permits; and mechanisms and
requirements for approval of State air
toxics programs. Additionally, the
Partial Approval and Delegable
Authorities rulemakings will be added
to this rulemaking. The Partial
Approval language will provide
flexibility to States by allowing States
to accept delegation of parts of
standards. This will allow them to
implement and enforce these provisions
on a smaller scale. The delegable
authorities rulemaking will clarify what
authorities EPA has delegated to States
when the part 63, subpart A, general
provisions have been delegated.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 382
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919541-5135
Fax: 919 541-5509
Email: Driscoll.Tom@epa.gov
Kathy Kaufman, Environmental
Protection Agency, Air and Radiation,
MD-12
Phone: 919 541-0102
Fax: 919 541-5509
Email: Kaufman.Kathy@epa.gov
RIN: 2060-AG60
3437. 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
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
Action
Date FR Cite
NPRM
Final Action
12/08/97 62 FR 64532
02/00/00
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AG88
3438. ADDITION OF OPACITY
METHOD TO APPENDIX M OF 40 CFR
PART 51 (METHOD 203)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/07/92 57 FR 46114
04/00/00
NPRM
Final Action
01/12/99 64 FR 1880
01/00/00
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3958
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AH23
3439. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS AND GROUP
IV POLYMERS AND RESINS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65069
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned.
Subsequently, six litigants have
petitioned for review of the elastomers
and thermoplastics regulations. Four
companies have petitioned EPA to
reconsider specific provisions in the
thermoplastics regulation. Revisions
will be proposed to parallel HON
changes and to resolve petitioners'
issues. There are no impacts
anticipated for small businesses or
State/local/tribal governments.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
11/25/96 61 FR 59849
03/09/99 64 FR 11559
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 393
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47
3440. 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 07/20/98 63 FR 38767
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 403
Agency Contact: Clifford Tyree,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 313 668-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AH52
3441. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Since the promulgation of the
chromium electroplating NESHAP we
have been informed of several sources
that are experiencing difficulty in
complying with the concentration limit
for new sources even though they have
installed and operate composite mesh
pad scrubber technology similar or
identical to that used as the basis for
the MACT emission limit. These
sources operate new state-of-the-art
plating tanks not encountered during
rule development which feature
enclosing hoods that completely cover
the surface of the plating tank. This
covered tank design allows for effective
capture and ventilation'at substantially
lower exhaust air flow rates than
otherwise encountered with more
conventional exterior hooding.
Although these sources exceed the new
source standard concentration limit of
0.015 mg/dscm, actual mass rate
emissions are more than 50 percent
lower than would otherwise be
achieved with more conventional
hooding and higher ventilation rates.
The chromium electroplating standard
will be amended to include this
alternative type of control system.
Timetable:
Action
Date FR Cite
Direct Final Rule
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4115
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Phil Mulrine, Environmental Protection
Agency, Air and Radiation, MD-13
-------
65070
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
RIN: 2060-AH69
3442. FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
ON SECTION 126 PETITIONS FOR
PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL
104-4.
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52, 40 CFR 75;
40 CFR 97
Legal Deadline: None
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. EPA determined that
portions of the petitions were
approvable under the 1-hour and/or 8-
hour ozone standards. EPA deferred
granting the approvable parts of the
petitions as long as States and EPA
stayed on schedule to meet the
requirements of the NOx SIP call, a
rulemaking that also addresses NOx
transport. EPA committed to
promulgating a NOx trading program
for sources that would be affected by
section 126 findings. The April rule
established certain general parameters
of the trading program and also
included a default remedy if EPA failed
to promulgate the trading program prior
to the approval of any petitions.
Subsequently, two court rulings have
affected the section 126 rulemaking. In
one ruling, the court remanded the 8-
hour standard. In a separate action, the
court granted a motion to stay the NOx
SIP call SIP submission deadline. In
response, EPA proposed to amend two
aspects of the April 30 final rule—to
decouple the approval of the petitions
from the NOx SIP call deadlines and
to stay the 8-hour portion of the rule.
EPA intends to issue a final rule by
the end of the year which will grant
the approvable portions of the petitions
with respect to the 1-hour standard,
promulgate a NOx cap-and-trade
program as the control remedy, and
indefinitely stay the 8-hour portion of
the rule.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
NPRM
Supplemental NPRM
Final Action
Interim Fin. Stay
NPRM Amendments
Final Action
Amendments
04/30/98 63 FR 24058
09/30/98 63 FR 522 13
10/21/98 63 FR 56292
03/03/99 64 FR 10342
05/25/99 64 FR 28250
06/24/99 64 FR 33956
06/24/99 64 FR 33962
12/00/99
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4095
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Pa, NC27711
Phone: 919 541-3347
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AH88
3443. NESHAP: OFF-SITE WASTE AND
RECOVERY OPERATIONS; FINAL
RULE—SETTLEMENT AGREEMENT;
AND NESHAP FOR OFF-SITE WASTE
AND RECOVERY OPERATIONS;
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The actions will amend the
Off-Site Waste and Recovery Operations
rule that was promulgated on July 1,
1996, based on the settlement
agreement with the Chemical
Manufacturers Association, the
Hazardous Waste Management
Association, and the Environmental
Technology Council. The changes to
the rule will clarify the EPA's intent
and do not increase or lower or
otherwise affect emissions or
environmental protection. Additionally,
the actions will clarify sections of the
promulgated off-site waste and recovery
operations regulation and correct any
typographical errors noted. These
actions will contain guidance and
amended rule language. The comment
period ended 7/19/99. We received
comments on the direct final and are
considering whether or not to withdraw
the direct final action.
Timetable:
Action
Date FR Cite
Direct Final Rule 07/20/99 64 FR 38950
Final Action 02/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4108
Sectors Affected: 32731 Cement
Manufacturing; 32411 Petroleum
Refineries; 325412 Pharmaceutical
Preparation Manufacturing; 562112
Hazardous Waste Collection
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5499
Fax: 919 541-0246
Email: manning.elaine@epa.gov
RIN: 2060-AH96
3444. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION ON THE 610
NONESSENTIAL PRODUCTS BAN
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-767l(q)
CFR Citation: 40 CFR 82(C)
Legal Deadline: None
Abstract: This action would propose to
extend the current class I and class II
bans on the sale and distribution of
nonessential uses of ozone-depleting
substances where sufficient substitutes
are already readily available. As part
of the initial 1993 rulemaking, EPA
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65071
EPA—Clean Air Act (CAA)
Final Rule Stage
banned the use of ozone-depleting
substances in aerosols, pressurized
dispensers, and foams where
substitutes were available. Since that
rulemaking was issued, the phaseout of
production and consumption of class I
substances has become effective and
the Significant New Alternatives Policy
(SNAP) Program under section 612 has
been promulgated. The phaseout of
newly manufactured class I substances
and the identification of new
acceptable substitutes for both class I
and class II applications provide
compelling reasons to reconsider the
initial decisions regarding both
product-specific exemptions and the
decision to limit the ban's effect on
major sectors that traditionally used
ozone-depleting substances. Most
domestic manufacturers have already
incorporated the non-ozone-depleting
substances in their products. The
continued availability and use of
ozone-depleting substances in parts and
products manufactured abroad, which
are sold or incorporated into larger
products that are then sold into
interstate commerce in the United
States, negatively affects the
competitiveness of domestic
manufacturers who use substitute
substances in their production.
Therefore, it is appropriate to
reconsider the applicability of the class
I ban to both specific products and
product categories. Amending these
requirements would limit the potential
use of ozone-depleting substances in
applications where substitutes are
available and thus, further protect the
stratospheric ozone layer.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/14/99 64 FR 21772
03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4077
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9729
Fax: 202 565-2095
Email: newberg.cindy@epa.gov
RIN: 2060-AH99
3445. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 CAA sec
203; 42 USC 7525 CAA sec 206; 42
USC 7541 CAA sec 207; 42 USC 7542
CAA sec 208; 42 USC 7601 CAA sec
301; 42 USC 7522 CAA sec 203; 42
USC 7550 CAA sec 216; 42 USC 7601
CAA sec 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the U.S. of
vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: 1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the U.S., 2)
establishing new emission standards
applicable to imported nonconforming
vehicles, 3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements, and 4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2665
Agency Contact: Len Lazarus,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 564-9281
RIN: 2060-AI03
3446. REDEFINITION OF GLYCOL
ETHERS LISTED AS HAPS UNDER
THE CLEAN AIR ACT, AND
HAZARDOUS SUBSTANCES UNDER
CERCLA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
42 USC 9602; 42 USC 9603; 42 USC
9604; 33 USC 1321; 33 USC 1361
CFR Citation: 40 CFR 63 (Revision); 40
CFR 302 (Revision)
Legal Deadline: None
Abstract: The proposed action will
redefine the glycol ethers category of
hazardous air pollutants (HAPs)
regulated under the Clean Air Act and
hazardous substances under the
Comprehensive Emergency Response,
Compensation, and Liability Act. The
new definition will omit specific
compounds of high molecular weight
used as surfactants by the soap and
detergent industry. These compounds
have low volatility, so only minor
amounts are emitted during
manufacture and use of soaps and
detergents. The compounds also have
low toxicity, so the small amounts that
are released are extremely unlikely to
cause any harm to health or the
environment. The proposal will reduce
the burden of environmental
regulations on soap and detergent
manufacturers, and will have no
adverse environmental impact.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/12/99 64 FR 1780
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4159
Development, implementation, and
enforcement of emission standards by
Federal and State government for the
soap and detergent industry will be
somewhat simplified by the omission
of compounds of high molecular weight
and low volatility.
Sectors Affected: 325611 Soap and
Other Detergent Manufacturing
Agency Contact: Roy L. Smith, Dr.,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5362
-------
65072
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Fax: 919 541-0237
Email: smith.roy@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5274
Email: martin.karen@epa.gov
RIN: 2060-AI08
3447. NESHAP: OIL AND NATURAL
GAS PRODUCTION AND NESHAP:
NATURAL GAS TRANSMISSION AND
STORAGE, AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Hazardous air pollutants
(HAPs) known to be emitted from oil
and gas production, storage, and
transmission facilities include benzene,
toluene, ethyl benzene, and xylene
isomers (collectively referred to as
BTEX), along with 2,2,4-
trimethylpentane and n-hexane.
Potential HAP emission sources are
glycol dehydrator reboilers (stand-alone
and co-located); condensate storage
vessels; and equipment leaks at natural
gas processing plants. Amendments to
promulgated rule 64 FR 32609.
Timetable:
Action
Date
FR Cite
Final Amendment 06/00/00
Defer Area Source
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4162
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Greg Nizich, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-3078
Email: nizich.greg@epa.gov
RIN: 2060-All3
3448. OPTIONAL CERTIFICATION
STREAMLINING PROCEDURES FOR
LDVS, LOTS, AND HDES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities that
meet Clean-Fuel Vehicle requirements.
Timetable:
being considered, and potential
compliance programs. Results of a
Nonroad Engine and Vehicle Emission
Study conducted by EPA indicated the
need for regulation of categories or
classes of new nonroad engines and
vehicles that are significant
contributors to ozone or CO in NAAQS
nonattainment areas. Such a finding led
to control of emissions from various
nonroad sources. This action outlines
a strategy to control emissions from one
nonroad source: diesel marine engines.
If the emission control program
discussed in the ANPRM is
implemented, EPA would expect to see
NOx and PM reductions comparable to
their land-based counterparts on a per
engine basis, for marine engines which
are derivatives of land-based engines.
Action
Date FR Cite Timetable:
NPRM
Final Action
07/20/98 63 FR 38767
11/00/99
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4165
Agency Contact: Clifford Tyree,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 313 668-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AI15
3449. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MARINE
DIESEL ENGINES AT OR ABOVE 37
KILOWATTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7547(a)
CFR Citation: 40 CFR 89
Legal Deadline: NPRM, Judicial,
November 25, 1998.
Final, Judicial, November 26, 1999.
Abstract: The ANPRM notifies and
invites comments from the public on
EPA's plans to propose stringent
standards for control of emissions of
oxides of nitrogen, hydrocarbons, and
particulate matter from diesel marine
engines at or above 37 kilowatts. The
ANPRM contains a broad outline of
EPA's plans for defining a national
emission control program for these
engines, including engine categories to
be covered, emission standard levels
ANPRM
NPRM
Final Action
05/22/98 63 FR 68507
12/11/98
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4078
This was previously listed as RIN 2060-
AH65.
Sectors Affected: 336399 All Other
Motor Vehicle Parts Manufacturing;
335312 Motor and Generator
Manufacturing
Agency Contact: Paul Machiele,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 734 214-4264
Alan Stout, Environmental Protection
Agency, Air and Radiation, EPCD, Ann
Arbor, MI 48105
Phone: 734 214-4805
Email: stout.alan@epamail.epa.gov
RIN: 2060-AI17
3450. TIER II LIGHT-DUTY VEHICLE
AND LIGHT-DUTY TRUCK EMISSION
STANDARDS AND GASOLINE
SULFUR STANDARDS
Regulatory Plan: This entry is Seq. No.
129 in Part II of this issue of the
Federal Register.
RIN: 2060-AI23
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65073
EPA—Clean Air Act (CAA)
Final Rule Stage
3451.
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS—FEDERAL
PLAN (FEDERAL PLAN FOR EXISTING
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411 CAA sec
111; 42 USC 7509 CAA sec 129; 42
USC 7601 CAA sec 301(a)(d)
CFR Citation: 40 CFR 60.27
Legal Deadline: Final, Statutory,
September 30, 1999, CAA Section
129(b)(3).
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines for existing
incinerators combusting hospital waste,
medical waste, and infectious waste
under sections 111 and 129. On
9/15/97, the EPA promulgated emission
guidelines for
Hospital/Medical/Infectious Waste
Incinerators (HMIWI) under the
authority of section 111 (d) and section
129 of the Clean Air Act (see 62 FR
48348). This action is a follow-on
activity to the 1997 HMIWI rulemaking
which applies to existing HMIWI. In
accordance with section 129, States
with affected sources must submit a
State Plan by 9/15/98 describing how
the State will implement the emission
guidelines for existing HMIWI. In this
proposed HMIWI Federal Plan
rulemaking, EPA becomes the
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, EPA is proposing
a plan that applies to HMIWI in any
State, tribe or locale that has not
submitted an approvable plan within
the time allotted. This action makes no
changes to the requirements in the 1997
rule, and is intended to fulfill EPA's
duty under section 129(b)(3) to
promulgate a Federal Plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, the
Federal Plan will no longer apply to
units in that State.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 421
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-3310
Fax: 919 541-2664
Email: banker.lalit@epa.gov
RIN: 2060-AI25
3452. AMENDMENT TO REGULATIONS
GOVERNING EQUIVALENT EMISSION
LIMITATIONS BY PERMIT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA
Section 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action delayed a permit
requirement triggered by the Agency's
failure to promulgate all of the 7 year
MACT standards by the 112(j) hammer
date of May 15, 1999. The Agency was
sued due to the fact that not all of the
7 year standards were promulgated by
the statutory deadline of November 15,
1997. The settlement agreement
requires that all remaining 7 year
standards will be promulgated by
December 2000. This action will delay
the permit requirements triggered by
the Section 112(j) hammer until the
remaining standards are promulgated.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
Final Action
07/06/99 64 FR 36425
03/00/00
Direct Final Rule 04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4244
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Jim Szykman, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5674
RIN: 2060-AI28
3453. NESHAP: ETHYLENE OXIDE
COMMERCIAL STERILIZATION AND
FUMIGATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA
Section 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action suspended the
National Emission Standards for
Hazardous Air Pollutants for Ethylene
Oxide Commercial Sterilization and
Fumigation Operation (EO NESHAP)
requirements for chamber exhaust and
aeration room vents. The suspension
allows affected sources subject to the
EO NESHAP to defer compliance with
the NESHAP requirements for chamber
exhaust and aeration room vents for
one year until December 6, 1999. This
suspension does not affect the
requirement for sources subject to the
EO NESHAP to comply with provisions
for sterilizer vents by December 6,
1998. This action does not change the
level of the standards or the intent of
the NESHAP promulgated in 1994.
Timetable:
Action
Date FR Cite
Interim Final Rule
Final Action
12/04/98 63 FR 66990
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4222
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AI37
-------
65074 Federal Register/Vol. 64, No. 224/Monday. November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3454. REVISION OF EPA'S
RADIOLOGICAL EMERGENCY
RESPONSE PLAN
Priority: Substantive, Nonsignificant
Legal Authority: PL 96-295 Sec 304; EO
12777
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) Radiological
Emergency Response Plan (RERP)
establishes a framework for timely,
coordinated EPA action to protect
public health and safety and the
environment in response to a peacetime
radiological incident. The original EPA
RERP was approved in 1986. This new
revision updates authorities,
responsibilities, capabilities, and
procedures for implementing effective
radiological emergency response
actions by EPA Offices. The RERP
presents the EPA organizational
structure and concept of operations for
responding to radiological incidents as
a participant in a Federal multi-agency
response using the Federal Radiological
Emergency Response Plan (FRERP) and
the Federal Response Plan (FRP), and
the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). This revision incorporates recent
changes to the FRERP and NCP, and
many other policy updates. In short,
this revision ensures that EPA
maintains a comprehensive strategy to
provide organized, effective assistance
to State and local governments in the
event of a radiological emergency.
Timetable:
Action
Date
FR Cite
Final Plan
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3638
Was previously listed in the Regulatory
Agenda as RIN 2060-AF85.
Agency Contact: Craig Conklin,
Environmental Protection Agency, Air
and Radiation, 6602J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9222
RIN: 2060-AI49
3455. FEDERAL PLAN
REQUIREMENTS FOR MUNICIPAL
SOLID WASTE LANDFILLS THAT
COMMENCED CONSTRUCTION PRIOR
TO 5/30/91 AND HAVE NOT BEEN
MODIFIED OR RECONSTRUCTED
SINCE 5/30/91
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-7642
CFR Citation: 40 CFR 62.14350 (New)
Legal Deadline: None
Abstract: On 3-12-96, the EPA
promulgated emission guidelines for
control of non-methane organic
compound air emissions from existing
municipal solid waste (MSW) landfills,
under the authority of section 111 (d)
of the Clean Air Act (61 FR 9905). State
agencies were required to develop and
submit a Plan for implementing the
emission guidelines by 12-12-96. Indian
tribes may, but are not required, to
submit a Tribal Plan. In the event,
however, that a State, locality, or
Indian Tribe should fail to submit an
approvable Plan in accordance with the
Clean Air Act, EPA is required to
prescribe a Plan for these areas and
enforce the provisions of such a Plan.
The time lines for such action are
specified in 40 CFR 60 subpart B.
Under this action, EPA is initiating a
Federal Plan that regulates existing
MSW landfills in States, localities, and
Indian Tribes that have not submitted
an approvable plan within the time
allotted. This action makes no changes
to the requirements in the original rule,
and is intended as a gap-filling measure
until the State, locality, or Indian Tribe
can receive the necessary
administrative approvals. When the
State, locality, or Indian Tribe submits
an approvable Plan, the federal Plan
will be amended to no longer apply to
existing MSW landfills in these areas.
Timetable:
Action
Date FR Cite
NPRM 12/16/98 63 FR 69364
Final Action 11/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Local,
Tribal, Federal
Additional Information: SAN No. 4066
Agency Contact: Mary Ann Warner,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-1192
Fax: 919541-2664
Email: warner.maryann@epa.gov
RIN: 2060-AI50
3456. • PROCESS WASTEWATER
PROVISIONS OF THE GENERIC MACT
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: Final, Judicial,
November 15, 1999.
Abstract: The Generic MACT
wastewater provisions were reproposed
and published on June 29, 1999 in
response to public comment on the
Generic MACT proposed rule. The
Acrylic/Modacrylic, Polycarbonates,
and Acetal Resins source categories are
addressed by these wastewater
provisions. The promulgation package
is under a court-ordered deadline of
November 15, 1999.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/29/99 64 FR 34950
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 428
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AI53
3457. • REVISIONS TO
PROMULGATION OF FEDERAL
IMPLEMENTATION PLAN FOR
ARIZONA - MARICOPA
NONATTAINMENT AREA PM-10 TEST
METHODS
Priority: Other Significant
Legal Authority: 42 USC 7410(c) Clean
Air Act sec 110(c)
CFR Citation: 40 CFR 52.123; 40 CFR
52.124; 40 CFR 52.127; 40 CFR 52.128
-------
Federal Register/Vol. 64, No. 224/Monday, November 22. 1999/Unified Agenda 65075
EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: EPA promulgated a Federal
implementation plan (FIP) to address
the moderate area PM-10 requirements
for the Phoenix PM-10 nonattainment
area. Specifically, for both the annual
and 24-hour PM-10 standards, EPA is
promulgating a demonstration that
reasonably available control measures
(RACM) will be implemented as soon
as possible, a demonstration that it is
impracticable for the area to attain the
standards by the statutory attainment
deadline, and a demonstration that
reasonable further progress (RFP) is
being met.
As part of the FIP, EPA is promulgating
a fugitive dust rule to control PM-10
emissions from vacant lots, unpaved
parking lots, and unpaved roads, and
is also promulgating an enforceable
commitment to ensure that RACM for
agricultural sources will be proposed
by September 1999, finalized by April
2000, and implemented by June 2000.
In addition, EPA made its disapproval
of the Arizona moderate area plan's
RACM, RFP, and impracticability
demonstrations final, because those
demonstrations do not adequately
address the Act's moderate area PM-10
requirements.
EPA recently established a new
standard for PM-2.5 and also revised
the PM-10 standards; however, this
action does not address those
standards.
Timetable:
Action
Date FR Cite
Final Action
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4335
Agency Contact: Karen Irwin,
Environmental Protection Agency, Air
and Radiation, Air-4, San Francisco, CA
94105
Phone: 415 744-1903
RIN: 2060-AI54
3458. • ADDITIONAL FLEXIBILITY
AMENDMENTS TO INSPECTION
MAINTENANCE PROGRAM
REQUIREMENTS; AMENDMENTS TO
THE FINAL RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR part 51
Legal Deadline: Other, Statutory,
August 13, 1999, Must be published by
8/13/99 to avoid application of 2:1
offset sanctions in Louisiana.
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
responsibility for Inspection and
Maintenance programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments to the Clean Air
Act set forth standards for
implementation of the I/M programs.
EPA is proposing several minor
substantive amendments and revisions
to the I/M requirements published on
November 5, 1992 (40 CFR part 51,
subpart S. EPA believes these
amendments and revisions are
necessary to bring existing rule up-to-
date with current technological
developments, policy decisions and
statutory requirements, also providing
states additional flexibility to tailor
their Inspection and Maintenance
programs to meet future needs. Among
these future needs are: The need to
accommodate an aging fleet that is
rapidly turning over to newer, cleaner,
and more durable vehicle technologies;
the desire to maximize program
efficiency and customer convenience by
capitalizing on newer vehicle testing
options such as on-board diagnostic
(OBD) system testing; and the need to
assess the role of I/M programs in areas
that will attain the one-hour National
Ambient Air Quality Standards
(NAAQS) and begin to look at how to
attain, or maintain, the new, eight-hour
NAAQS. These amendments are
authorized by the CAA provisions that
EPA's guidance for such programs be
"from time to time revised" and are
also in response to the 1995 National
Highway System Designation Act's I/M
provisions. It is important to note that
this action will not increase the
existing burden on states; the proposed
changes represent an opportunity for
states to take advantage of additional
options and flexibilities. Furthermore,
states are under no obligation, legal or
otherwise, to modify existing plans
meeting the previously applicable
requirements as a result of this action.
Timetable:
Action
Date
FR Cite
08/06/99 64 FR 55195
01/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4295
Agency Contact: David Sosnowski,
Environmental Protection Agency, Air
and Radiation, RSPD, Ann Arbor, MI
48105
Phone: 734 214-4823
Fax: 734 214-4052
Email: Sosnowski.David@epa.gov
RIN: 2060-AI61
3459. • NESHAP FOR ETHYLENE
OXIDE COMMERCIAL STERILIZATION
OPERATIONS-MONITORING
AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The proposed amendments
will correct technical problems
associated with both the compliance
testing and monitoring requirements.
Timetable:
Action
Date
FR Cite
Direct Final Rule 02/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4316
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
-------
65076
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AI64
3460. • NATIONAL EMISSION
STANDARDS FOR BENZENE
EMISSIONS FROM COKE BY-
PRODUCT RECOVERY PLANTS (PART
61,SUBPARTL)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Coke by-product plants are
designed to separate and recover coal
tar derivatives (by-products) that evolve
from coal during the coking process of
a coke oven battery. The predominant
pollutant emitted from coke by-product
recovery plans is benzene. Other HAPs
emitted include naphthalene, phenol,
toluene, and xylene.
Timetable:
Action
Date
FR Cite
Final Action
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4286
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-2910
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AI65
3461. • TECHNICAL AMENDMENT TO
THE FINDING OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR CERTAIN STATES FOR
PURPOSES OF REDUCING REGIONAL
TRANSPORT OF OZONE (THE "NOX
SIP CALL" RULE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(D);
42USC7410(k)(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: This rule will amend the
final NOx SIP call rule promulgated on
October 27, 1998. That rule set NOx
emission budgets for a number of
eastern and midwestern states in order
to reduce overall NOx emissions that
contribute to smog in the eastern half
of the country. This amendment is a
technical adjustment to some of the
emission budgets promulgated in that
rule.
Timetable:
Action
Date
FR Cite
Final Tech. Amend. 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4282
Federal, State and local governments
are affected by the final NOx SIP call.
However, this technical amendment
will not affect those governments in
and of itself.
Legal Deadline: Statutory Other — EPA
is under active litigation for the SIP
call. In addition, the SIPs submittal due
date of 9/30/99 was stayed until further
order by the court. The States still need
the revised budgets for planning &
public hearing purposes.
Agency Contact: Kimber Scavo,
Environmental Protection Agency, Air
and Radiation, 15
Phone: 919 541-3354
Fax: 919 541-0824
Email: scavo.kimber@epa.gov
Greg Stella, Environmental Protection
Agency, Air and Radiation, 14
Phone: 919 541-3649
Fax: 919 541-0684
Email: stella.greg@epa.gov
RIN: 2060-AI71
3462. • 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
Date
FR Cite
NPRM 09/08/99 64 FR 48725
Final Action 01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4315
Agency Contact: Douglas McDaniel,
Environmental Protection Agency, Air
and Radiation, Region 9, San Francisco,
CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Air and Radiation
Phone: 520498-0118
RIN: 2060-AI79
3463. • REVISION TO NOX SIP CALL
EMISSION BUDGETS FOR
CONNECTICUT, MASSACHUSETTS
AND RHODE ISLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(D);
42USC7410(k)(5)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: On October 27, 1998, EPA
published a final rule (the "OTAG SIP
Call") making a finding of significant
contribution and assigning statewide
NOx emission budgets to 22 States and
the District of Columbia for purposes
of reducing regional transport of ozone
and its precursor, NOx. Subsequent to
the promulgation of the SIP call, EPA
and the States of Connecticut,
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65077
EPA—Clean Air Act (CAA)
Final Rule Stage
Massachusetts and Rhode Island signed
a memorandum of understanding that
obligated EPA to propose to redistribute
the budgets assigned to the three States
in a different way. This action carries
out that obligation. This redistribution
will not lead to an increase in the
overall budget for the three States.
Timetable:
Action
Date
FR Cite
Final Action Direct 11/00/99
Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4276
Agency Contact: Kathryn Petrillo,
Environmental Protection Agency, Air
and Radiation, 6204J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9093
Fax: 202 565-2141
Email: petrillo.kathryn@epa.gov
Kevin Culligan, Environmental
Protection Agency, Air and Radiation,
6204J, 401 M Street SW, Washington,
DC 20460
Phone: 202 564-9172
Email: culligan.kevin@epa.gov
RIN: 2060-AI80
3464. • REVISION TO METHOD 24
FOR ELECTRICAL INSULATING
VARNISHES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to revise Method 24 to allow the use
of American Society for Testing and
Materials' Method D6053-96 to measure
the volatile organic content of electrical
insulating varnishes. Method 24 as
currently written is not applicable to
these types of coatings. This action will
ensure consistency in testing these
coatings for determining compliance
with current regulations. We do not
anticipate any impact on small business
or State/local/Tribal governments.
Timetable:
Action
Date
FR Cite
Direct Final Rule
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 42
Agency Contact: Candace B. Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919541-1064
Fax: 919 541-1039
Email: Sorrell.candace@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19
Phone:919541-5374
Fax: 919 541-1039
RIN: 2060-AI85
3465. • AMENDMENT TO NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
HALOGENATED SOLVENT CLEANING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.468(j)
Legal Deadline: None
Abstract: This amendment to the
halogenated solvent cleaning NESHAP
would permanently exempt batch cold
solvent cleaning machines that use
halogenated solvent from the Part 71
Federal operating permit program and
would defer Part 71 operating permit
requirements until December 9, 1999
for all other non-major halogenated
solvent cleaning machines. States are
already authorized to exempt/defer
such sources from their Part 70
operating permit requirements. Without
this amendment, non-major
halogenated cleaning machines would
have to obtain a Part 71 Federal
operating permit in areas that do not
have Part 70 programs in place. For
example, EPA believes that numerous
sources located in Indian country
would need to submit permit
applications by March 2000 and obtain
title V permits, absent this rulemaking.
This amendment is an administrative
action and would have no impact on
the enforcement and implementation of
the NESHAP itself. There are no
compliance costs associated with this
action. This action relieves sources of
regulatory requirements under the title
V program.
Timetable:
Action
Date FR Cite
Direct Final Rule
Withdrawal of Direct
Final Rule
Final Action
07/13/99 64 FR 37683
10/18/99 64 FR 56173
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal,
Federal
Additional Information: SAN No. 4275
Agency Contact: Candace Carraway,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-3189
Fax: 919 541-5509
Email: carraway.candace@epa.gov
RIN: 2060-AI91
3466. • REVISION TO METHOD 24
FOR ELECTRICAL INSULATING
VARNISHES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to revise Method 24 to allow the use
of American Society for Testing and
Materials' Method D6053-96 to measure
the volatile organic content of electrical
insulating varnishes. Method 24 as
currently written is not applicable to
these types of coatings. This action will
ensure consistency in testing these
coatings for determining compliance
with current regulations. We do not
anticipate any impact on small business
or State/local/Tribal governments.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4299
N/A
Agency Contact: Candace B. Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19
Phone: 919541-1064
-------
65078
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Fax:919541-1039
Email: Sorrell.candace@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19
Phone: 919 541-5374
Fax: 919 541-1039
RIN: 2060-AI94
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3467. FIELD CITATION PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7413(d) CAA
sec 113(d)
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: The Clean Air Act
Amendments give EPA the authority to
issue on-the-spot field citations for
minor violations of the Clean Air Act,
with penalties of up to $5,000 per day
of violation. Section 113(d) of the Act
requires the field citation program to
be implemented through regulations
which provide the informal hearing
procedures. These hearing procedures
are not required to be as rigorous as
those imposed by the Administrative
Procedures Act (APA), but nevertheless
must provide due process. Agency
guidance providing appropriate
penalties for specific minor violations
will be prepared for EPA employees
and made available to the regulated
community. Training on the issuance
of field citations will also be
developed.
Timetable:
Action Date FR Cite
05/03/94 59 FR 22776
To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2937
Agency Contact: Gary Secrest,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2242A, Washington, DC 20460
Phone: 202 564-8661
RIN: 2020-AA32
3468. LOCATION OF SELECTIVE
ENFORCEMENT AUDITS OF FOREIGN
MANUFACTURED VEHICLES AND
ENGINES; AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7525 CAA sec
206(b)
CFR Citation: 40 CFR 86G (Revision);
40 CFR 86K (Revision)
Legal Deadline: None
Abstract: This action would consider
an amendment to the existing
regulations to include ports of entry as
a location for EPA selection of foreign
produced vehicles and engines for SEA
emissions testing at laboratories in the
U.S. While the regulations do not
specify EPA authority to conduct such
port selections, the increased flexibility
provided by port selections warrants
amending the regulations. Presently,
EPA must travel overseas to conduct
SEA audits of foreign manufactured
vehicles and engines, even though most
manufacturers now have access to
laboratory facilities in the U.S. The
benefits include a reduction in Agency
cost since fewer overseas trips would
be necessary. Also, EPA would be able
to conduct more audits of foreign
manufactured vehicles and engines.
Separate from the provisions proposed
in this NPRM for amendments to allow
port selection for SEAs, EPA is also
proposing to make two other
amendments to 40 CFR part 86. The
first would amend current Selective
Enforcement Auditing regulations to
change the minimum annual limit of
Selective Enforcement Audits per
manufacturer to two (2) per year.
Currently, the minimum annual limit
is one audit per manufacturer. Under
the proposed amendments EPA would
be able to perform a second audit on
those manufacturers that might
otherwise be limited to one audit.
The second additional proposed
amendment to part 86 would delete
from subparts A and E references to
the Agency representation in certain
types of administrative hearings. The
two provisions state that the Office of
General Counsel will represent the
Agency in administrative procedures
governing hearings on certification for
light-duty vehicles, light-duty trucks,
heavy-duty engines and motorcycles.
The Agency is proposing to delete these
two provisions in order to be consistent
with other hearing procedures in part
86.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 313
Agency Contact: Richard Gezelle,
Environmental Protection Agency, Air
and Radiation, 6403J, Washington, DC
20460
Phone: 202 564-9267
RIN: 2060-AD90
3469. NESHAP: MANUFACTURING OF
NUTRITIONAL YEAST
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act requires major sources of hazardous
air pollutants to achieve emission
reduction based on the maximum
achievable control technology (MACT).
This regulatory action will establish
this level of control for both new and
existing sources in the nutritional yeast
manufacturing industry. This industry
is currently comprised of 1 0 sources of
5 different manufacturers located in 8
different states. The only known HAP
emission from this source is
acetaldehyde. It is produced as a by-
product during the fermentation
process. The proposed regulatory
options set maximum emission limits
of acetaldehyde, which will be
achievable by improved process control
to reduce formation of this by-product.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/10/98 63 FR 55812
12/00/00
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65079
EPA—Clean Air Act (CAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 355
Sectors Affected: 311999 All Other
Miscellaneous Food Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AF30
3470. NESHAP: PAINT STRIPPING
OPERATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112 (b) of the Act and to
establish and meet dates for
promulgation of emission standards for
each of the listed categories of HAP
emission sources. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The EPA has
determined that paint stripping
operations emit at least one of the
HAPs listed in section 112(b) of the
Act, specifically methylene chloride. As
a result, the source category is included
on the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Clean Air Act Amendments of 1990.
The purpose of this action is to begin
a regulatory development program such
that any emission standards may be
promulgated according to the mandated
schedule. It is unknown now whether
this action will impact small
businesses.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3746
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5340
Email: pagan.jaime@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Pa, NC 27711
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AG26
3471. NSPS: NEW SOURCE
PERFORMANCE STANDARDS AND
EMISSION GUIDELINES FOR OTHER
SOLID WASTE INCINERATORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Section 129 of the Clean Air
Act of 1990 requires the Agency to
promulgate New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for solid waste
incinerators. Section 129 specifically
required the Administrator to publish
a schedule for regulating Other Solid
Waste Incinerators (OSWI). A notice in
the Federal Register was published on
November 2, 1993 that announced that
the Administrator would promulgate
OSWI standards by November 15, 2000.
The notice also listed what classes of
incinerators would be covered by the
OSWI standards. Because it is believed
that these OSWI emit significant
amounts of air pollution that cause
public health and environmental
problems, the Administrator intends to
promulgate the NSPS and EG for OSWI
in accordance with section 129.
Standards will be set for the following
pollutants: particulate matter, opacity,
sulfur dioxide, hydrogen chloride,
oxides of nitrogen, carbon monoxide,
lead cadmium, mercury, and dioxins
and dibenzofurans.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
12/28/94 59 FR 66850
11/00/00
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3751
Agency Contact: Amanda Aldridge,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
Richard Crume, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5294
Fax: 919 541-5450
Email: crume.richard@epa.gov
RIN: 2060-AG31
3472. PETROLEUM SOLVENT DRY
CLEANERS MAXIMUM ACHIEVABLE
CONTROL TECHNOLOGY (MACT)
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Clean Air Act
Amendments and to establish and meet
dates for promulgation of emission
standards for each of the listed
-------
65080
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
categories of HAP emission sources.
The standards are to be technology-
based and are to require the maximum
degree of emission reduction
determined to be achievable by the
Administrator. The EPA has
determined that the petroleum solvent
dry cleaning industry emits several
HAPs listed in section 112(b) of the
Act; these HAPs are: chlorobenzene,
cumene, ethyl benzene, polycyclic
organic matter, toluene, and xylene. As
a result, the source category is included
on the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Clean Air Act Amendments of 1990.
The purpose of this action is to begin
a regulatory development program such
that any emission standards may be
promulgated according to the mandated
schedule. It is anticipated that this
action will impact small business, but
the extent of that impact has not yet
been determined.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3754
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG34
3473. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAPs) from operations that apply
surface coatings to metal parts and
products. Although this rule would
cover a wide variety of coating
operations, it would not apply to
specific coating operations for which
regulations have been developed (e.g.,
plastic parts coating, can coating, large
appliance coating, etc.). This regulation
is required under section 112 of the
Clean Air Act of 1990.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3825
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Bruce Moore, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5460
Fax: 919 541-5689
Email: moore.bruce@epa.gov
RIN: 2060-AG56
3474. PLASTIC PARTS (SURFACE
COATING) NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would address
the hazardous air pollutants (HAP)
emissions from the coating of plastic
parts. Pollution prevention approaches
will be considered. Specific sectors of
the plastic parts industry to be
included in this action have not yet
been determined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3826
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Kim Teal, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5580
Fax: 919 541-5689
Email: teal.kim@epa.gov
RIN: 2060-AG57
3475. NESHAP: REFRACTORIES
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act and to
establish and meet dates for
promulgation of emission standards for
each of the listed categories of HAP
emission sources. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The refractory
manufacturing source category is
included on the initial list of HAP-
emitting categories scheduled for
promulgation within ten years of
enactment of the Clean Air Act
Amendments of 1990. Testing
conducted and information obtained to
date indicate 22 major sources exist in
this source category. The EPA has
determined that the refractory
manufacturing industry emits
chromium, ethylene glycol, phenol,
methanol, hydrochloric acid,
formaldehyde, polycyclic organic matte
(POM) and hydrogen fluoride; eight of
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65081
EPA—Clean Air Act (CAA)
Long-Term Actions
the 189 HAPs listed in section 112 of
the Act. The Agency estimates
approximately 146 facilities will be
affected by this rulemaking. Impacts on
small businesses and on
State/local/tribal governments will be
assessed.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3652
Agency Contact: Susan Zapata,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5167
Email: zapata.susan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG68
3476. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq;
44 USC 350 et seq; 5 USC 605
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act Amendments of 1990 requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants (HAPs). The
standards are to be technology-based
and are to require the maximum degree
of emission reduction determined to be
achievable by the Administrator of the
EPA. The EPA has determined that
some lime manufacturing plants may be
major sources for one or more HAPs.
As a consequence, a regulation
(emission standards) is being developed
for the lime manufacturing industry.
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3651
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Joseph Wood, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AG72
3477. NESHAP: FRICTION PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: PL 91-190 sec 203; 42
USC 7412 CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The friction products
manufacturing source category includes
any facility that manufactures or
remanufactures friction products such
as brakes, brake pads, disk pads, and
clutch pads, including facilities that
use non-asbestiform mineral fibers and
asbestos replacement material.
Hazardous air pollutants (HAPs) are
emitted from solvents contained in the
adhesives used to bond the friction
material to the automobile part. During
1998, the Agency collected current
information from owners/operators
regarding business size, quantities of
pollutants, processes, air pollution
control devices, and workplace
practices in the industry. Some of the
HAPs reported include phenol, toluene,
methyl chloroform, chlorobenzene, o-
cresol, formaldehyde, n-hexane,
hydrogen cyanide, methanol, methylene
chloride, methylisobutyl carbon, 1,1,1-
trichloroethane, trichloroethylene,
chloroethylether, ethylbenzene,
xylenes, and methylethylketone.
Owners/operators reported that these
particular HAPs are emitted during
heated processes such as curing,
bonding, and debonding processes. It is
expected that substantial reductions in
these emissions can be achieved at the
floor levels of controls under section
112(b). Based on this information and
any needed new information to be
developed by EPA and the industry, the
Agency plans to propose and
promulgate a maximum achievable
control technology (MACT) standard for
existing sources and new sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 38
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Kevin Cavender, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
RIN: 2060-AG87
3478. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 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.
-------
65082
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
The Agency does not anticipate any
significant impact on small businesses
and State/local/tribal governments.
Timetable:
Action Date FR Cite
NPRM 08/00/01
Final Action 04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3922
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, MD-12,
RTF, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AG92
3479. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This rule will establish a
MACT (maximum available control
technology) for semiconductor
production facilities. There are
currently 3 major sources that would
be affected by the NESHAP. This action
will result in little or no additional
emission reduction but will establish a
Federal MACT level for large facilities.
EPA is evaluating whether there will
continue to be major sources in this
category before proceeding with rule
development.
Timetable:
Action
Date FR Cite
NPRM 12/00/00
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 3902
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG93
3480. NESHAP: FABRIC PRINTING,
COATING AND DYEING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted from fabric printing,
coating, and dyeing. The Agency will
identify and study the types and
sources of HAP emissions from these
processes, and evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/01
04/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 3
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Vinson Hellwig, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-2317
Fax: 919 541-5689
Email: hellwig.vinson@epa.gov
RIN: 2060-AG98
3481. NESHAP: AUTOMOBILE AND
LIGHT-DUTY TRUCK
MANUFACTURING (SURFACE
COATING)
Priority: Economically Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAPs) emitted from the coatings used
by the automobile and light-duty truck
manufacturing industry. The Agency
will study the HAP emitted by the
industry and will evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 3907
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Dave Salman, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
RIN: 2060-AG99
3482. OFFSET LITHOGRAPHIC
PRINTING NATIONAL VOC RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: This action will result in the
reduction of volatile organic compound
(VOC) emissions from offset
lithographic printing.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65083
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No, 3908
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Daniel Brown, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5305
Fax: 919 541-5689
Email: brown.dan@epa.gov
RIN: 2060-AHOO
3483. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479
CAA sec 160-169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date
FR Cite
05/16/97 62 FR 27158
10/00/00
10/00/01
ANPRM
NPRM
Final Rule
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 391
Agency Contact: David LaRoche,
Environmental Protection Agency, Air
and Radiation, 6102, Washington, DC
20460
Phone: 202 260-7652
Fax: 202 260-8509
Email: laroche.david@epa.gov
RIN: 2060-AH01
3484. NESHAP: WOOD BUILDING
PRODUCTS (SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted by the wood building
product surface coating industry. The
Agency will study the various HAP
emitted by the industry and evaluate
pollution prevention and control
techniques which can reduce these
emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/01
04/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3904
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-0283
Fax: 919541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AH02
3485. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This rule will specify
maximum achievable control
technology for site remediation.
Hazardous air pollutant emissions from
spills of organic liquids, the excavation,
transportation, and treatment of
contaminated soils and groundwater,
and other operations will be considered
in developing the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3968
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-2421
Email: smith.martha@epa.gov
JoLynn Collins, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5671
Fax: 919 541-0246
Email: collins.jolynn@epa.gov
RIN: 2060-AH12
3486. NESHAP: SPANDEX
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants by establishing
maximum achievable control
technology (MACT) for facilities
producing spandex. MACT standards
are under development to reduce the
release of hazardous air pollutants
(HAP) from all industries to protect the
public health and environment.
Emissions of HAP from this industry
have been associated with, but are not
limited to, fiber washing operations,
material storage tanks, fugitive
-------
65084
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
emissions, and polymer drying. Only
five U.S. spandex facilities have been
identified.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/00
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3967
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH14
3487. NESHAP: ROCKET ENGINE
TEST FIRING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Rocket Engine Test Firing
source category and the Engine Test
Facilities source category are included
on EPA's list of sources of HAP's. The
Rocket Engine Test Firing source
category includes facilities engaged in
test firing of rocket engines using solid
or liquid propellants. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3972
Agency Contact: George F. Smith,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-1549
Email: smith.george@epa.gov
Amanda Aldridge, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AH35
3488. NESHAP: FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Info./Admin./Other. Major
status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7412 CAAA
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA)
requires development of emission
standards for sources emitting any of
the hazardous air pollutants (HAP)
listed in section 112(b) of the CAA.
Flexible Polyurethane Foam Fabrication
Operations is listed as a category of
major sources based on documented
emissions of the following HAP:
methylene chloride, trichlorethane,
hydrogen cyanide, and hydrogen
chloride. This source category covers
emissions from various polyurethane
foam bonding operations, including
foam gluing and flame lamination. This
action will explore alternatives for
reducing HAP emissions from the
following emission sources located at
foam fabrication plants: process vents,
raw material storage and transfer
operations, and equipment leaks.
Ultimately, a NESHAP for this source
category will be developed based on
Maximum Achievable Control
Technology.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3973
Sectors Affected: 326299 All Other
Rubber Product Manufacturing; 326199
All Other Plastics Product
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Maria Noell, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov
RIN: 2060-AH42
3489. RULEMAKING TO MODIFY THE
LIST OF SOURCE CATEGORIES
FROM WHICH FUGITIVE EMISSIONS
ARE CONSIDERED IN MAJOR
SOURCE DETERMINATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7602 CAA sec
3020)
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This rulemaking will modify
the list of source categories for which
fugitive emissions are to be considered
in major source determinations under
the New Source Review (Prevention of
Significant Deterioration and
Nonattainment New Source Review)
and title V programs. As provided by
section 302 (j) of the Act, EPA adopted
rules on August 7, 1980 that require,
for specific source categories, the
inclusion of fugitive emissions when
determining if a stationary source is a
major source. In its 1980 rulemaking,
EPA identified one such specific source
category as those stationary source
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65085
EPA—Clean Air Act (CAA)
Long-Term Actions
categories being regulated, as of August
7, 1980, under sections 111 or 112 of
the Clean Air Act. Moreover, EPA
indicated that at the time of any future
rulemaking proposing to regulate
additional categories of sources under
sections 111 or 112, the EPA would
conduct a parallel rulemaking under
section 302 (j) to determine whether
fugitive emissions from sources within
these source categories needed to be
considered in determining whether the
sources were major stationary sources.
EPA did not conduct these parallel
rulemakings as intended and is now
conducting a rulemaking pursuant to
section 302 (j) to address the source
categories which became subject to
section 111 and 112 standards after
August 7, 1980.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4045
Agency Contact: Joanna Swanson,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-5282
Fax: 919 541-5509
Email: swanson.joanna@epa.gov
RIN: 2060-AH58
3490. NESHAP: ALUMINA
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12866
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the alumina processing
industry may be reasonably expected to
emit one of the pollutants listed in
section 112(b) of the CAA. As a
consequence, the source category is
included on the initial list of HAP
emitting categories scheduled for
standards promulgation within 10 years
of enactment of the CAA Amendments
of 1990. The purpose of this action is
to pursue a regulatory development
program such that emissions standards
may be proposed and promulgated for
this industry.
Timetable:
Action
Date FR Cite
Timetable:
Action
NPRM
Final Action
Date
05/00/01
05/00/02
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 411
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
(A OPE), SA-6, Washington, DC 20522-
0602
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
RIN: 2060-AH70
3491. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: EO 12866; 42 USC
7412 CAAA Section 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Fumed silica is produced at
four facilities is three states. There is
no NSPS for the source category. Based
on preliminary results of a screening
study, the source category emits
chlorine, HC1, and chlorinated organics.
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4111
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Jeff Telander, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
RIN: 2060-AH72
3492. NESHAP: TACONITE IRON ORE
PROCESSING
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412 CAA
112; PL 91-190 sec 203
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The taconite iron ore
processing source category is comprised
of nine facilities operating in the
United States. Seven facilities are
located in Minnesota and two are
located in Michigan. The expected
sources of HAP emissions for this
source category include: fossil fuel
combustion sources, and possibly the
handling and transfer of mined ore
containing naturally occurring
inorganic compounds. Anticipated HAP
emissions released from these sources
primarily include: formaldehyde,
manganese, nickel, arsenic, and
chromium. The quantities of HAP
released are expected to exceed major
source levels.
Timetable:
Action
NPRM
Final Action
Date
11/00/00
11/00/01
FR Cite
-------
65086
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4102
Timetable:
Action Date FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Timetable:
Action
NPRM
Final Action
Regulatory Fie:
Date
05/00/01
05/00/02
Kibility Analy
FR Cite
sis
There are nine taconite processing
facilities in the U.S.; seven are located
in Minnesota and two are located in
Michigan. The MACT standard for this
industry group will be shared between
EPA and the State of Minnesota. State
regulations currently in place include
both air emissions limitations and
prohibition of effluent discharge to
Great Lakes waters, and both air and
water monitoring requirements. Other
existing Federal regulations may be
affected under RCRA and TSCA.
Sectors Affected: 21221 Iron Ore
Mining
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Conrad Chin, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
RIN: 2060-AH73
3493. NESHAP: HYDROCHLORIC ACID
PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12291; EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some
hydrochloric acid plants may be major
sources for one or more HAPs. As a
consequence, a regulation (emission
standards) will be developed for the
hydrochloric acid production industry.
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Required: Undetermined
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4104 Additional Information: SAN No. 4116
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing;
325199 All Other Basic Organic
Chemical Manufacturing; 325181
Alkalies and Chlorine Manufacturing;
325188 All Other Basic Inorganic
Chemical Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Joseph Wood, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AH75
3494. NESHAP: AMMONIUM
SULPHATE PRODUCTION
(CAPROLACTAM BY-PRODUCT)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This project is to develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP) which
can be emitted by the three known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project is scheduled to begin in the fall
of 1997. The initial stage of this project
is to gather information on the industry
processes, emissions of HAP and
available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Sectors Affected: 325311 Nitrogenous
Fertilizer Manufacturing
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919541-5596
RIN: 2060-AH77
3495. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the
application of asphalt or coal tar to
metal pipes may reasonably be
anticipated to emit several of the 189
HAPs listed in section 112(b) of the
CAA. As a consequence, a regulatory
development program is being pursued
for the asphalt/coal tar application on
metal pipes industry to promulgate
emission standards.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65087
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4107
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Bill Neuffer, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5435
Fax: 919 541-5600
Email: neuffer.bill@epa.gov
RIN: 2060-AH78
3496. NESHAP: CLAY PRODUCTS
MINERALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the clay
products manufacturing industry may
reasonably be anticipated to emit
several of the 189 HAPs listed in
section 112(b) of the CAA. As a
consequence, a regulatory development
program is being pursued for the clay
products manufacturing industry to
promulgate emission standards.
Timetable:
Action
Date FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4113
Sectors Affected: 327124 Clay
Refractory Manufacturing; 327123
Other Structural Clay Product
Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Jeff Telander, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
RIN: 2060-AH79
3497. NESHAP: HYDROGEN
CHLORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the hydrogen chloride industry, to
be promulgated by November 15, 2000.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 4112
Sectors Affected: 325199 All Other
Basic Organic Chemical Manufacturing;
325188 All Other Basic Inorganic
Chemical Manufacturing; 325181
Alkalies and Chlorine Manufacturing;
325211 Plastics Material and Resin
Manufacturing
Agency Contact: Kenneth Durkee,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5425
Joseph Wood, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5446
RIN: 2060-AH80
3498. NESHAP: URANIUM
HEXAFLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project will develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP) which
can be emitted by the two known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project will begin in 2000. Initially,
information on the industry processes
and emissions of HAP will be analyzed
to identify available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/00
11/00/01
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4098
-------
65088
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Sectors Affected: 331419 Primary
Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum)
Agency Contact: Ken Durkee,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5425
Fax: 919 541-5600
Email: durkee.ken@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone:919541-5596
Fax:919541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH83
3499. FEDERAL IMPLEMENTATION
PLANS (FIPS) TO REDUCE THE
REGIONAL TRANSPORT OF OZONE
IN THE EASTERN UNITED STATES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL
104-4.
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 52; 40 CFR 97;
40 CFR 98
Legal Deadline: None
Abstract: This action proposes Federal
Implementation Plans (FIPs) which
require nitrogen oxides (NOx)
emissions decreases in 22 States and
the District of Columbia. The intended
effect is to reduce the transport of
ozone (smog) pollution and one of its
main precursors — NOx — across State
boundaries in the eastern half of the
United States. On October 27, 1998,
EPA published a final rule (NOx SIP
Call) which allowed States 12 months
to develop, adopt, and submit revisions
to their State Implementation Plans
(SIPs) to address the transport problem.
The Administrator is required to
promulgate a FIP within 2 years of: (1)
finding that a State has failed to make
a required submittal or (2) finding that
a submittal is not complete or (3)
disapproving a SIP submittal. On May
25, 1999, the 12 month NOx SIP Call
deadline was indefinitely stayed by the
Court of Appeals for the District of
Columbia Circuit. EPA is currently
considering the implications of this
court decision.
Timetable:
Action
Date FR Cite
10/21/98 63 FR 56393
To Be Determined
NPRM
Final Action (On hold
pending court
action)
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local,
Tribal, Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4096
Sectors Affected: 331111 Iron and
Steel Mills; 32731 Cement
Manufacturing; 325311 Nitrogenous
Fertilizer Manufacturing
Agency Contact: Doug Grano,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Pa, NC 27711
Phone: 919 541-3292
Email: grano.doug@epamail.epa.gov
RIN: 2060-AH87
3500. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401-7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions which do not conform
to the State implementation plan (SIP)
for the attainment and maintenance of
the national ambient air quality
standards (NAAQS). In November 1993,
EPA promulgated two sets of
regulations to implement section
176(c). First, on November 24, EPA
promulgated the Transportation
Conformity Regulations to establish the
criteria and procedures for determining
that transportation plans, programs, and
projects which are funded under title
23 U.S.C. or the Federal Transit Act
conform with the SIP. Then, on
November 30, EPA promulgated
regulations, known as the General
Conformity Regulations, to ensure that
other Federal actions also conformed to
the SIPs. Since 1993, EPA has amended
the transportation conformity rule three
times in response to stakeholders'
requests. The EPA is working on a
separate revision to address
transportation conformity in
transitional areas which will be final
by December 1998. The EPA has not
reviewed or revised the General
Conformity Regulations since their
1993 promulgation. Several Federal
agencies have identified concerns over
the implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 407
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Pa, NC 27711
Phone: 919 541-5246
Email: nikbakht.annie@epa.gov
RIN: 2060-AH93
3501. NESHAP: CHEMICAL
RECOVERY COMBUSTION SOURCES
AT KRAFT, SODA, SULFITE AND
STAND ALONE SEMICHEMICAL PULP
MILLS
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7412 CAAA
sec 112; 42 USC 7414 CAAA sec 114;
42 USC 7601 CAAA sec 301; 33 USC
1314 CWA sec 304; 33 USC 1316 CWA
sec 306-308; 33 USC 1317; 33 USC
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65089
EPA—Clean Air Act (CAA)
Long-Term Actions
CFR Citation: 40 CFR 63; 40 CFR 430
Legal Deadline: None
Abstract: The Clean Air Act (CAA)
Amendments of 1990 direct the
Environmental Protection Agency (EPA)
to set National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
new and existing sources under section
112 and to base these standards on
maximum achievable control
technology (MACT). The Clean Water
Act (CWA) directs EPA to develop
effluent guidelines for certain categories
and classes of point sources. These
guidelines are used for setting
discharge limits for specific facilities
that discharge to surface waters or
municipal sewage treatment systems.
On April 15, 1998, the EPA
promulgated an integrated regulation
for the pulp and paper industry that
includes both effluent guidelines and
air emission standards to control the
release of pollutants to both the water
and the air. At the same time, the EPA
proposed MACT standards for the
chemical recovery combustion sources.
The regulations were developed jointly
to provide greater protection to human
health and the environment, to promote
the concept of pollution prevention,
and to enable the industry to more
effectively plan compliance via a
multimedia approach. Next steps will
be to issue final standards for chemical
recovery combustion sources.
Timetable:
Action
Date
FR Cite
Final Rule MACT for 12/00/00
Combustion
Sources
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4240
(Air), SAN No. 2712 (Water), SAN No.
4050 (Water Phase II),
ADDITIONAL AGENCY CONTACT: Jeff
Telander (NESHAP Phase II -
Combustion Sources)
ADDITIONAL AGENCY CONTACT:
Elaine Manning (NESHAP Phase III -
Nonchemical and other Pulp and Paper
Mills)
See also RIN 2040-AB53
Agency Contact: Donald F. Anderson,
Environmental Protection Agency, Air
and Radiation, 4303, Washington, DC
20460
Phone: 202 260-7189
Email:
anderson.donaldf@epamail.epa.gov
Jeff Telander, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
RIN: 2060-AI34
3502. NESHAP: PROCESS HEATERS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended in 1990, requires EPA to
develop emission standards for sources
of hazardous air pollutants (HAPs).
Process heaters is among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
control technology (MACT) as
described in section 112 of the CAA.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4218
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
Amanda Aldridge, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AI35
3503. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENT TO TRANSSHIPMENT
PROVISION IN FINAL RULE
ACCELERATING THE PHASEOUT OF
OZONE-DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title VI
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Amends current rule to
require those transshipping goods with
ozone-depleting substances through the
U.S. to notify EPA of the specifics of
the transshipment.
Timetable:
Action
Date
FR Cite
NPRM Reproposal 05/10/95 60 FR 25010
Supplemental NPRM 06/00/01
Final Action 06/00/03.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 3626
Agency Contact: Sue Stendebach,
Environmental Protection Agency, Air
and Radiation, 6205 J, Washington, DC
20460
Phone: 202 564-9117
RIN: 2060-AI46
3504. REVISIONS TO AIR POLLUTION
EMERGENCY EPISODE
REQUIREMENTS (SUBPART H, 40
CFR PART 51)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(G);
42 USC 7603
CFR Citation: 40 CFR 51.150 to 51.153;
40 CFR 51 Appendix L
Legal Deadline: None
Abstract: 40 CFR part 51.150-51.153
require States to have contingency
plans to prevent air pollution levels
from reaching the significant harm level
(SHL) for CO, O3, SO2, NOx, and PM.
Appendix L provides example guidance
to the States on appropriate courses of
action to take at each episode stage
(i.e., alert, warning, and emergency) to
ensure the SHL is not reached. These
requirements were developed in the
-------
65090
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
requirements were developed in the
1970's, based on the NAAQS from that
era. Since that time, ambient air quality
levels have decreased nationwide.
Today, many areas/sources that no
longer need episode plans must still
develop them. This rule would update
and simplify the criteria used to
determine which areas would require
episode plans. Areas with no more than
one exceedance of the Alert level over
the past 5 years would not need to
develop emergency episode plans.
Sources with the potential to cause
exceedances of the SHL due to a
process/control equipment malfunction
would need to develop source
contingency plans to prevent (and to
respond to) such malfunctions.
Appendix L would also be revised to
reflect the revised program
requirements. The result will be a
sensible, credible program replacing an
outdated program.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4247
Agency Contact: Ted Creekmore,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Pa, NC 27711
Phone: 919 541-5699
Email: creekmore.ted@epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Pa, NC 27711
Phone: 919 541-5666
Email: silvasi.john@epa.gov
RIN: 2060-AI47
3505. • IDENTIFICATION OF
ADDITIONAL OZONE AREAS
ATTAINING THE 1-HOUR STANDARD
AND TO WHICH THE 1-HOUR
STANDARD IS NO LONGER
APPLICABLE (7 AREAS)
Priority: Routine and Frequent
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 81 (Revision)
Legal Deadline: None
Abstract: EPA proposes to identify
several additional ozone areas where
the 1-hour standard is no longer
applicable. This proposed action is
based upon analysis of quality-assured,
ambient air quality monitoring data
showing no violations of the 1-hour
ozone standard. Determinations for this
notice were based upon the most recent
data available, i.e., 1996-1998. The EPA
has previously taken final action
regarding the applicability of the 1-hour
standard for other areas on June 5, 1998
and July 22, 1998.
Timetable:
Action
Date FR Cite
NPRM 06/09/99 64 FR 30937
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4274
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
Barry Gilbert, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5238
Fax: 919 541-0824
Email: gilbert.barry@epa.gov
RIN: 2060-A157
3506. • NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The brick and structural clay
products manufacturing source category
primarily includes facilities that
manufacture structural brick from clay,
shale, or a combination of the two.
Other structural clay products that are
included in the source category include
clay pipe, adobe brick, chimney pipe,
flue liners, drain titles, roofing tiles,
and sewer tiles. The manufacture of
brick and structural clay products
involves mining, grinding, screening
and blending of the raw materials
followed by forming, cutting or
shaping, drying, firing, cooling, storage,
and shipping of the final product.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4325
Split from RIN 2060-AH79.
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327124 Clay Refractory Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, (A OPE), SA-6,
Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Mary Johnson, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
RIN: 2060-AI67
3507. • NESHAP: CERAMICS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Ceramics are defined as a
class of inorganic, nonmetallic solids
that are subject to high temperature in
manufacture and/or use. The most
common ceramics are composed of
oxides, carbides, and nitrides.
Sillicides, borides, phosphides,
tellurides, and selenides also comprise
ceramics. Ceramic processing generally
involves high temperatures, and the
resulting materials are heat resistent or
refractory. The general classifications of
traditional ceramics are pottery,
whiteware, earthenware, stoneware,
chinaware, porcelain, and technical
ceramics. The hazardous air pollutants
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65091
EPA—Clean Air Act (CAA)
Long-Term Actions
emitted from ceramics production
include hydrogen fluoride,
hydrochloric acid, beryllium
compounds, and other metallic HAP
compounds.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4343
Split from RIN 2060-AH79
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327124 Clay Refractory Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing
Agency Contact: Susan Zapata,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC 27711
Phone: 919 541-5167
Email: zapata.susan@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI68
3508. • NESHAP: ENGINE TEST
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Engine Test Facilities source
category are included on EPA's list of
sources of HAP's. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Aircraft engine testing consists of
facilities which perform testing on
uninstalled aircraft engines. Non-
aerospace engine test facilities consists
of facilities which perform testing on
uninstalled engines such as automotive
engines, stationary turbines, 1C engines,
and diesel engines.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4144
Split from RIN 2060-AH35
Agency Contact: Amanda Aldridge,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
Fred Porter, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
RIN: 2060-AI74
3509. • NESHAP: LIGHTWEIGHT
AGGREGATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This standard is being
developed separately, but lightweight
aggregate is part of the clay products
source category. Lightweight aggregate
kilns that burn hazardous waste would
be subject to the hazardous waste
combustion MACT.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4346
Split from RIN 2060-AH7
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327124 Clay Refractory Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Joe Wood, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AI75
-------
65092
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3510. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AMENDMENTS TO THE
WORST-CASE RELEASE SCENARIO
ANALYSIS FOR REGULATED
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412(r)
CFR Citation: 40 CFR 68 (Revision)
Legal Deadline: None
Abstract: As a result of a settlement
agreement between EPA and the
American Petroleum Institute/Chlorine
Institute, EPA is taking a final action
to modify 40 CFR Section 68.25. This
action will revise the requirements for
stationary sources to conduct worst-
case release scenario analysis for
flammable substances that are normally
gases at ambient temperature but are
handled as liquids due to refrigeration.
This regulatory change represents a
technical amendment to make the
treatment of refrigerated fiammables
consistent with that of refrigerated
toxics. EPA is also clarifying its
interpretation of Clean Air Act sections
112(1) and 112(r)(11), which discuss
state delegation and state authorities, as
they relate to Department of
Transportation requirements under the
Hazardous Materials Transportation
Act. The Agency will publish a parallel
proposed rule with these changes in the
same Federal Register as this direct
final rule.
Timetable:
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
RIN: 2050-AE71
3511. INTEGRATED NESHAP AND
EFFLUENT GUIDELINES: PULP AND
PAPER
Priority: Economically Significant
CFR Citation: 40 CFR 63; 40 CFR 430
Completed:
Action
Date FR Cite
05/26/99 64 FR 26702
05/26/99 64 FR 28695
NPRM
Final Action Direct
Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4279
No adverse comments were received on
proposed rule. Direct final rule in
effect.
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Reason
Date
FR Cite
Final Action- 04/15/98 63 FR 18504
NESHAP Phases I
& III and Effluent
Guidelines Phase I
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Agency Contact: Penny Lassiter
Phone: 919541-5396
Donald F. Anderson
RIN: 2060-AD03
3512. NESHAP: MINERAL WOOL
PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
06/01/99 64 FR 29490
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Jim Crowder
Phone:919541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Mary Johnson
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
RIN: 2060-AE08
3513. NESHAP: OIL AND NATURAL
GAS PRODUCTION AND NATURAL
GAS TRANSMISSION AND STORAGE
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/06/98 63 FR 6288
06/17/99 64 FR 32609
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Kent C. Hustvedt
Phone: 919 541-5395
Greg Nizich
Phone: 919 541-3078
Email: nizich.greg@epa.gov
RIN: 2060-AE34
3514. NESHAP: PHOSPHORIC ACID
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
06/10/99 64 FR 31358
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Ken Durkee
Phone: 919 541-5425
Fax: 919 541-5600
Email: durkee.ken@epa.gov
RIN: 2060-AE40
3515. NESHAP: STEEL PICKLING, HC1
PROCESS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
09/18/97 62 FR 49052
06/22/99 64 FR 33200
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal
Agency Contact: Al Vervaert
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65093
EPA—Clean Air Act (CAA)
Completed Actions
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Jim Maysilles
Phone: 919 541-3265
Fax: 919 541-5600
Email: maysilles.jim@epa.gov
RIN: 2060-AE41
3516. NESHAP: WOOL FIBERGLASS
MANUFACTURING INDUSTRY
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
06/14/99 64 FR 31695
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Mary Johnson
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
RIN: 2060-AE75
3517. NESHAP: PORTLAND CEMENT
MANUFACTURING
Priority: Other Significant
CFR Citation: 40 CFR 63 Subpart LLL
Completed:
Reason
Date
FR Cite
Final Action 06/14/99 64 FR 31898
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal
Agency Contact: Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
Joseph Wood
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
RIN: 2060-AE78
3518. NESHAP: POLYETHER
POLYOLS PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
06/01/99 64 FR 29419
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Robert Rosensteel
Phone: 919 541-5608
Fax: 919541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-6470
Email: lassiter.penny@epa.gov
RIN: 2060-AE81
3519. NESHAP: PESTICIDE ACTIVE
INGREDIENT PRODUCTION
(PRODUCTION OF AGRICULTURAL
CHEMICALS)
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
NPRM
Final Rule
11/10/97 62 FR 60565
06/23/99 64 FR 33449
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Lalit Banker
Phone: 919 541-5420
Email: banker.lalit@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE84
3520. NESHAP: PRIMARY LEAD
SMELTERS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
04/17/98 63 FR 19200
06/04/99 64 FR 30193
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Kevin Cavender
Phone: 919 541-2364
Email: cavender.kevin@epa.gov
Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE97
3521. NESHAP:
ACRYLIC/MODACRYLIC FIBERS
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
06/30/99 64 FR 34853
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AF06
3522. NESHAP: POLYCARBONATES
PRODUCTION
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 06/30/99 64 FR 34853
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Penny Lassiter
Phone: 919 541-5396
Email: lassiter.penny@epa.gov
Mark Morris
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
RIN: 2060-AF09
3523. NESHAP: FERROALLOY
PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
08/04/98 63 FR 41508
05/20/99 64 FR 27450
-------
65094
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Conrad Chin
Phone: 919 541-1512
Email: chin.conrad@epa.gov
Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AF29
3524. SUPPLEMENTAL RULE TO
REQUIRE CERTAIN PRODUCTS MADE
WITH HCFCS TO BEAR WARNING
LABEL
Priority: Other Significant
CFR Citation: 40 CFR 82(F)
Completed:
3526. CONSUMER & COMMERCIAL
PRODUCTS: WOOD FURNITURE,
AEROSPACE, SHIPBUILDING AND
SHIP REPAIR COATINGS: CONTROL
TECHNIQUES GUIDELINES IN LIEU OF
REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 59
Completed:
Reason
Date
FR Cite
Withdrawn Agency 08/18/99
plans no further
action.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Sue Stendebach
Phone: 202564-9117
TDD Phone: 202 565-2906
Fax: 202 233-9665
Email: stendebach.sue@epa.gov
RIN: 2060-AF93
3525. ACID RAIN PROGRAM:
CONTINUOUS EMISSION
MONITORING (CEM) RULE REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 75 (Revision); 40
CFR 72 (Revision)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
05/21/98 63 FR 28032
05/26/99 64 FR 28564
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Monika Chandra
Phone: 202 564-9781
Email:
chandra.monika@epamail.epa.gov
RIN: 2060-AG46
Reason
Date
FR Cite
NPRM
Final Action
08/22/97 62 FR 44672
07/13/99 64 FR 37773
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Daniel Brown
Phone: 919 541-5305
Email: brown.dan@epa.gov
Dianne Byrne
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG59
3527. TRANSPORTATION
CONFORMITY RULE AMENDMENT
AND SOLICITATION FOR
PARTICIPATION IN THE PILOT
PROGRAM
Priority: Other Significant
CFR Citation: 40 CFR 51; 40 CFR 93
Completed:
Reason
Date
FR Cite
NPRM
Final Action
07/09/96 61 FR 35994
03/18/99 64 FR 13476
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Agency Contact: Meg Patulski
Phone: 734 214-4842
Email: patulski.meg@epamail.epa.gov
RIN: 2060-AG79
3528. FEDERAL OPERATING PERMITS
PROGRAM IN INDIAN COUNTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 71.4
Completed:
Government Levels Affected: None
Agency Contact: Candace Carraway
Phone: 919 541-3189
Fax: 919 541-5509
RIN: 2060-AG90
3529. GENERIC MACT FOR SOURCE
CATEGORIES (ACRYLIC
MODACRYLIC FIBERS,
POLYCARBONATES, HYDROGEN
FLUORIDE, AND ACETAL RESINS)
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM
Final Action
03/21/97 62 FR 13748
02/19/99 64 FR 8247
Regulatory Flexibility Analysis
Required: No
Reason
Date
FR Cite
Final Action
06/30/99 64 FR 34853
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: David Markwordt
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG91
3530. NESHAP: HYDROGEN
FLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
10/14/98 63 FR 5177
06/30/99 64 FR 34853
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Rick Colyer
Phone: 919 541-5262
Email: colyer.rick@epa.gov
Susan Wyatt
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AG94
3531. REVISION TO THE LIGHT-DUTY
VEHICLE EMISSION COMPLIANCE
PROCEDURE (CAP 2000)
Priority: Other Significant
CFR Citation: Not Yet Determined
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65095
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason Date FR Cite
NPRM 07/23/98 63 FR 39653
Final Action 05/04/99 64 FR 2390
Regulatory Flexibility Analysis
Reauired: No
3534. PROTECTION OF
STRATOSPHERIC OZONE: SERVICING
OF MOTOR VEHICLE AIR
CONDITIONERS: STANDARDS FOR
EQUIPMENT THAT RECOVERS AND
RECYCLES REFRIGERANTS OTHER
THAN CFC-12 AND HFC-134A
Completed:
Reason
Date FR Cite
NPRM 12/09/98 63 FR 67818
Final Action 08/04/99 64 FR 42530
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Linda Hormes
Phone: 734 214-4502
Email: horrnes.linda@epa.gov
RIN: 2060-AH05
3532. STORAGE TANK RULE
REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 (Revision); 40
CFR 61 (Revision); 40 CFR 63
(Revision); 40 CFR 264 (Revision); 40
CFR 265 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn The
Agency plans no
further action.
09/21/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Mark Morris
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
RIN: 2060-AH15
3533. NATIONAL AIR TOXICS
PROGRAM: THE INTEGRATED URBAN
STRATEGY; NOTICE
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Final Strategy 07/19/99 64 FR 38705
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Laura McKelvey
Phone: 919 541-5497
Email: mckelvey.laura@epa.gov
Susan Wyatt
Phone: 919 541-5674
Email: wyatt.susan@epa.gov
RIN: 2060-AH21
Priority: Other Significant
CFR Citation: 40 CFR 82(B) (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn The
Agency plans no
further action.
09/01/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Christine Dibble
Phone: 202 564-9147
Fax: 202 565-2095
Email: dibble.Christine®.epa.gov
RIN: 2060-AH29
3535. FINAL RULE TO AMEND THE
NATIONAL EMISSION STANDARDS
FOR MAGNETIC TAPE
MANUFACTURING OPERATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.703(c)(4); 40
CFR 63.705
Completed:
Reason
Date
FR Cite
Direct Final Rule
04/09/99 64 FR 17460
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Michele Aston
Phone: 919 541-2363
Fax; 919 541-0942
Email: aston.michele@epa.gov
Gail Lacy
Phone: 919541-5261
Fax: 919 541-5689
Email: lacy.gail@epa.gov
RIN: 2060-AH71
3536. AIR QUALITY INDEX
REPORTING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR part 58.50; 40
CFR part 58 Appendix G
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Terence Fitz-Simons
Phone: 919 541-0889
Email: fitz-simons.terence@epa.gov
Susan Stone
Phone: 919 541-1146
Email: stone.susan@epa.gov
RIN: 2060-AH92
3537. ELECTRIC ARC FURNACE NSPS
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 (Revision)
Completed:
Reason
Date
FR Cite
Direct Final Rule 03/02/99 64 FR 10105
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Kevin Cavender
Phone: 919 541-2364
Email: cavender.kevin@epa.gov
Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH95
3538. ACID RAIN PROGRAM:
PROPOSED REVISION OF TEST
METHOD 1, 2, AND 2F FOR
MEASURING VOLUMETRIC FLOW IN
STACKS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60; 40 CFR 60
(Appendix A) "Test Method 1 and 2"
40 CFR 75
Completed:
Reason
Date
FR Cite
Final Action 05/14/99 64 FR 26484
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: John Schakenbach
Phone: 202 564-9158
Elliot Lieberman
-------
65096
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999 / Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Phone: 202 564-9136
RIN: 2060-AH97
3539. CONFORMITY PILOT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 93
Completed:
Reason
Date
FR Cite
07/09/96 61 FR 35994
03/18/99 64 FR 13476
NPRM
Final Rule
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Meg Patulski
Phone: 734 214-4842
Email: patulski.meg@epamail.epa.gov
RIN: 2060-All4
3540. PROTECTION OF
STRATOSPHERIC OZONE:
INCORPORATION OF MONTREAL
PROTOCOL ADJUSTMENT FOR A
1999 INTERIM REDUCTION IN CLASS
I, GROUP VI CONTROLLED
SUBSTANCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM
Final Action
02/25/99 64 FR 9290
06/01/99 64 FR 29240
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tom Land
Phone: 202 564-9185
Fax: 202 565-2093
Email: land.tom@epamail.epa.gov
RIN: 2060-AI24
3541. ACID RAIN PROGRAM PERMITS
REGULATIONS AND S02
ALLOWANCE SYSTEM: COMPLIANCE
DETERMINATION
Priority: Other Significant
CFR Citation: 40 CFR 72; 40 CFR 73
Completed:
Reason
Date
FR Cite
NPRM
Final Rule
08/03/98 63 FR 41357
05/13/99 64 FR 25834
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Donna Deneen
Phone: 202 564-9089
Email: deneen.donna@epa.gov
RIN: 2060-AI27
3542. REGULATION OF FUEL AND
FUEL ADDITIVES: MODIFICATION OF
COMPLIANCE BASELINE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.101(f)(4)(ii)
Completed:
Reason
Date
FR Cite
Direct Final Rule
NPRM
06/09/99 64 FR 30904
06/09/99 64 FR 30930
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Patrice Simms
Phone: 202 260-1298
Email: simms.patrice@epa.gov
Christine Brunner
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov
RIN: 2060-AI29
3543. CONSUMER AND COMMERCIAL
PRODUCTS: REVISED SCHEDULE
FOR REGULATION
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Final Action
03/18/99 64 FR 13422
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Jan Meyer
Phone:919541-5254
Email: meyer.jan@epa.gov
Dianne Byrne
Phone: 919541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AI30
3544. CONTROL OF DIESEL FUEL
QUALITY
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: None
Agency Contact: Don Kopinski
Phone: 734 214-4229
Fax: 734 214-4781
Email: kopinski.don@epa.gov
Paul Machiele
Phone: 734 214-4264
Fax: 734 214-4050
Email: machiel.paul@epa.gov
RIN: 2060-AI32
3545. NO BACKSLIDING RULE FOR
PM-10 NONATTAINMENT AREAS
Priority: Other Significant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Withdrawn Pursuant to 08/30/99
court decision to
vacate this rule.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Robin Dunkins
Phone: 919 541-5335
Email: dunkins.robin@epa.gov
RIN: 2060-AI39
3546. REVISIONS TO REFERENCE
METHOD FOR THE DETERMINATION
OF FINE PARTICULATE MATTER AS
PM2.5 IN THE ATMOSPHERE
Priority: Substantive, Nonsignificant
CFR Citation: 42 CFR 50 (Revision)
Completed:
Reason
Date
FR Cite
Direct Final Rule
04/22/99 64 FR 19740
ANPRM
06/16/99 64 FR 32209
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Agency Contact: Tim Hanley
Phone: 919 541-4417
Fax: 919 541-1903
Email: hanley.tim@epa.gov
Mike Papp
Phone: 919 541-2408
Fax: 919 541-1903
Email: papp.mike@epa.gov
RIN: 2060-AI48
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65097
EPA—Clean Air Act (CAA)
Completed Actions
3547. • DIRECT FINAL AMENDMENT
TO EXTENT THE 112J PERMIT
APPLICATION DEADLINE FOR 7-YEAR
MACT STANDARDS TO 12/15/99
3548. • AMENDMENT TO NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
HALOGENATED SOLVENT CLEANING
Priority: Substantive, Nonsignificant Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR part 63.51
Legal Deadline: None
Abstract: In cases where EPA misses
a statutory deadline for promulgating
Federal air-toxic emission standards,
Section 112j of the Clean Air Act
requires sources to apply case-by-case
emissions standards via a permitting
process. These permits must be applied
for 18 months after EPA misses its
statutory deadline. In this case, EPA
has missed the deadline for a number
of standards due in 1997, and the 112j
permit applications are due in May of
1999. EPA expects to promulgate the
late standards by this November, and
therefore wants to avoid making
sources take this extra permitting step.
Therefore, in this action, EPA is
extending the permit deadline until
after the November date by which we
expect to promulgate the Federal
standards.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Rule
Withdrawal
Final Action
04/16/99 64 FR 18862
05/14/99 64 FR 26311
05/14/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4277
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Pa, NC27711
Phone: 919 541-0837
Email: markwordt.david@epa.gov
Jim Szykman, Environmental Protection
Agency, Air and Radiation, (A OPE),
SA-6, Washington, DC 20522-0602
Phone: 919 541-5674
RIN: 2060-AI59
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.468(j)
Legal Deadline: None
Abstract: This amendment to the
halogenated solvent cleaning NESHAP
would permanently exempt batch cold
solvent cleaning machines that use
halogenated solvent from the Part 71
Federal operating permit program and
would defer Part 71 operating permit
requirements until December 9, 1999
for all other non-major halogenated
solvent cleaning machines. Stages are
already authorized to exempt/defer
such sources from their Part 70
operating permit requirements. Without
this amendment, non-major
halogenated cleaning machines would
have to obtain a Part 71 Federal
operating permit in areas that do not
have Part 70 programs in place. For
example, EPA believes that numerous
sources located in Indian country
would need to submit permit
applications by March 2000 and obtain
title V permits, absent this rulemaking.
This amendment is an administrative
action and would have no impact on
the enforcement and implementation of
the NESHAP itself. There are no
compliance costs associated with this
action. This action relieves sources of
regulatory requirements under the title
V program.
Timetable:
Action
Date FR Cite
Direct Final Rule 07/13/99 64 FR 37683
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal,
Federal
Additional Information: SAN No. 4275
Agency Contact: Candace Carraway,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-3189
Fax: 919541-5509
Email: carraway.candace@epa.gov
RIN: 2060-AI82
3549. • AMENDMENT TO NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
HALOGENATED SOLVENT CLEANING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.468(j)
Legal Deadline: None
Abstract: This amendment to the
halogenated solvent cleaning NESHAP
would permanently exempt batch cold
solvent cleaning machines that use
halogenated solvent from the Part 71
Federal operating permit program and
would defer Part 71 operating permit
requirements until December 9, 1999
for all other non-major halogenated
solvent cleaning machines. States are
already authorized to exempt/defer
such sources from their Part 70
operating permit requirements. Without
this amendment, non-major
halogenated cleaning machines would
have to obtain a Part 71 Federal
operating permit in areas that do not
have Part 70 programs in place. For
example, EPA believes that numerous
sources located in Indian country
would need to submit permit
applications by March 2000 and obtain
title V permits, absent this rulemaking.
This amendment is an administrative
action and would have no impact on
the enforcement and implementation of
the NESHAP itself. There are no
compliance costs associated with this
action. This action relieves sources of
regulatory requirements under the title
V program.
Timetable:
Action
Date FR Cite
Direct Final Rule 07/13/99 64 FR 37683
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal,
Federal
Additional Information: SAN No. 4275
Agency Contact: Candace Carraway,
Environmental Protection Agency, Air
and Radiation, MD-12
Phone: 919 541-3189
Fax: 919 541-5509
Email: carraway.candace@epa.gov
RIN: 2060-AI83
-------
65098
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3550. • COKE OVEN NESHAP
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.303 (Revision)
Legal Deadline: None
Abstract: It is necessary to amend the
existing coke oven rule that controls
emissions from charging operations and
topside and door leaks at coke plants
to cover a new nonrecovery coke oven
(Thyssen Still Otto) design. For new
nonrecovery facilities that charge from
the side, the existing coke oven rule
states "for charging operations, the
owner or operator shall install, operate,
and maintain an emission control
system for the capture and collection
of emissons from the charging
operation." However, Thyssen Still
Otto nonrecovery ovens are top-charged
and are operated continuously under
negative pressure, including during
charging. Installing an emission control
system, such as a baghouse for charging
would not improve on the inherent and
highly efficient emission control
achieved absent add-on controls of
these nonrecovery ovens. This
amendment will add an alternative
visible emission standard instead of the
equipment standard.
Timetable:
Action
Date
FR Cite
Withdrawn The 09/10/99
Agency plans no
further action.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4296
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AI84
3551. • COKE OVEN NESHAP
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.303 (Revision)
Legal Deadline: None
Abstract: It is necessary to amend the
existing coke oven rule that controls
emissions from charging operations and
topside and door leaks at coke plants
to cover a new nonrecovery coke oven
(Thyssen Still Otto) design. For new
nonrecovery facilities that charge from
the side, the existing coke oven rule
states "for charging operations, the
owner or operator shall install, operate,
and maintain an emission control
system for the capture and collection
of emissons from the charging
operation." However, Thyssen Still
Otto nonrecovery ovens are top-charged
and are operated continuously under
negative pressure, including during
charging. Installing an emission control
system, such as a baghouse for charging
would not improve on the inherent and
highly efficient emission control
achieved absent add-on controls of
these nonrecovery ovens. This
amendment will add an alternative
visible emission standard instead of the
equipment standard.
Timetable:
Action
Date
FR Cite
Withdrawn The
Agency plans no
further action.
09/10/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4296
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AI93
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3552. 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 action is directed to the
disposal of low-activity radioactive
wastes in disposal facilities that meet
the design requirements for RCRA-C
disposal cells. The wastes to be
disposed of in these cells are intended
to be mixed wastes, consisting of a
chemically hazardous component and
low levels of radioactivity. These
wastes are anticipated to arise in the
commercial sector from various
sources. The rule is intended to
increase disposal options for these
wastes and offer a streamlined
regulatory process which melds
hazardous chemical protection and
radioactivity protection requirements
while protecting public health and
safety. The rule is permissive in the
sense that the disposal method
proposed is not a mandated disposal
method, but rather an alternative to
existing disposal methods. The U.S.
Nuclear Regulatory Commission is
anticipated to be the implementing
Agency for the application of this rule.
Timetable:
Action
Date
FR Cite
NPRM 11/00/99
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65099
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
Agency Contact: Mary Kruger,
Environmental Protection Agency, Air
and Radiation, 6602J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9310
Fax: 202 565-2062
Email: kruger.mary@epa.gov
RIN: 2060-AH63
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Long-Term Actions
3553. PROTECTIVE ACTION
GUIDANCE FOR DRINKING WATER
Priority: Other Significant
Legal Authority: 42 USC 202l(h) AEA
of 1954 sec 274 (h); Reorganization Plan
No. 3 of 1970; PL 96-295 sec 304; EO
12241
CFR Citation: 41 CFR 351
Legal Deadline: None
Abstract: This action will result in
Federal protective action guidance
(PAG) for State and local officials to
use in the event of a nuclear accident
to protect the general public from the
adverse health effects associated with
the ingestion of drinking water that is
contaminated with radioactive material.
As soon as the draft guidance is
developed it will be submitted to the
PAG Subcommittee of the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) for review and
comment. Members of the PAG
subcommittee include representatives
from DOE, DOD, FEMA, NRC, HHS,
USDA, DOT, and the Conference of
Radiation Control Program Directors
(CRCPD). When a consensus among the
representatives is reached, the guidance
is recommended to the full FRPCC for
endorsement. After that endorsement is
obtained a notice of the availability of
a revised EPA 400-R-92-001, Manual of
Protective Action Guides and Protective
Actions for Nuclear Incidents will be
published in the Federal Register. This
action is temporarily delayed until the
FDA's revised PAGs for Food can be
evaluated.
Timetable:
Action
Date
FR Cite
Notice Notice of 04/00/01
Submission to
FRPCC for
Endorsement
Notice Notice of 05/00/01
Availability
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3602
Agency Contact: Charles Blue,
Environmental Protection Agency, Air
and Radiation, 6602J, 401 M Street SW,
Washington, DC 20460
Phone: 202 564-9488
RIN: 2060-AF39
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Prerule Stage
3554. PESTICIDES; PROCEDURES
FOR REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(g); 7
USC 136(w)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency is establishing
procedures to implement section 3(g) of
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) which
provides for periodic review of
pesticide registrations. The goal of
these regulations is to review a
pesticide's registration every 15 years.
Timetable:
Action
Date FR Cite
ANPRM 11/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 417
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32551 Paint and
Coating Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing;
32519 Other Basic Organic Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Vivian Prunier, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epa.gov
RIN: 2070-AD29
-------
65100
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3555. DATA REQUIREMENTS FOR
PESTICIDE REGISTRATION
(REVISION)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amended to make
them consistent with the revised data
requirements and new use indexing.
Timetable:
Action
Date FR Cite
NPRM
05/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Paul Parsons, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
RIN: 2070-AC12
3556. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
FFDCA; 7 USC 136 FIFRA; 15 USC
2603 TSCA; 42 USC 300(a)(17) SDWA
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
August 3, 1998, EDSP must be
Developed.
Final, Statutory, August 3, 1999,
Agency must Implement.
Other, Statutory, August 3, 2000,
Agency must report to Congress on
EDSP.
Abstract: This final policy statement
will set forth EPA's Endocrine
Disrupter Screening Program. EPA
published a proposed policy statement
setting forth the Screening Program on
December 28, 1998. In the final policy
statement, EPA will describe the
screens and tests that it will require
as part of the Program. It also will
describe the universe of chemicals that
will be included in the program, the
priority setting mechanism that used to
determine the order in which those
chemicals will be tested, and certain
issues related to implementing the
Program. The major actions in 2000 and
2001 will be the standardization and
validation of assays in the screening
battery and the completion of the
priority setting system.
Timetable:
Government Levels Affected: Federal Action
Additional Information: SAN No. 2687
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Date FR Cite
Notice Outline of 08/11/98 63 FR 42852
Screening Program
Notice Proposed 12/28/98 63 FR 71542
Screening Program
& Request for
Comment
NPRM Proposed 06/00/00
Procedural Rule
Notice Final Screening 12/00/01
Program
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 4143
Agency Contact: Gary Timm,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7101, Washington,
DC 20460
Phone: 202 260-1859
Fax: 202 260-8850
Email: timm.gary@epa.gov
Anthony Maciorowski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7101, Washington, DC
20460
Phone: 202 260-3048
Fax: 202 260-8850
Email: maciorowski anthony@epa.gov
RIN: 2070-AD26
3557. DATA REQUIREMENTS FOR
ANTIMICROBIAL REGISTRATIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136a, 136c,
136w
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will clarify all data
requirements to reflect current practice.
Procedural and explanatory sections of
the current regulations will be amended
to make them consistent with the
revised data requirements and new use
indexing.
Timetable:
Action
Date FR Cite
NPRM 03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32551 Paint and
Coating Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing;
32519 Other Basic Organic Chemical
Manufacturing
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
RIN: 2070-AD30
3558. REGULATORY REVIEW OF
PESTICIDE EMERGENCY EXEMPTION
REGULATIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65101
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136(p)
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA will propose revisions
to its regulations on emergency
exemptions under section 18 of the
Federal Insecticide, Fungicide and
Rodenticide Act. Emergency
exemptions allow temporary use of a
pesticide not in accordance with
registration requirements when
emergency conditions exist. In the 1995
Presidential Reinvention Initiative, EPA
identified a number of issues and
options for change, which have been
refined through informal discussions
with States, user groups, and other
stakeholders. EPA is considering
revisions in four areas: 1) Options for
increased authority for States to
administer certain aspects of the
exemption process, or increased use by
EPA of multi-year exemptions, or some
combination of these; 2) the use of
emergency exemptions to address
pesticide resistance; 3) the possibility
of granting of exemptions based upon
reduced risk considerations; and 4)
definitions of emergency situation and
significant economic loss, which affect
whether an exemption may be granted.
Timetable:
Action
Date
FR Cite
NPRM
03/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4216
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Robert A. Forrest, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7505C, Washington, DC
20460
Phone: 703 308-9376
RIN: 2070-AD36
3559. STATUS OF PESTICIDE-
TREATED SEEDS UNDER FIFRA
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(w) FIFRA
sec. 25 (a) and 25 (b)
CFR Citation: 40 CFR 152.25
Legal Deadline: None
Abstract: EPA is considering whether
a revision to its regulation on treated
articles to specifically address seeds
treated with pesticides is needed.
Currently, pesticide-treated seeds are
considered treated articles that are
exempt from FIFRA only if the treating
pesticide is registered in the United
States for use on the specific crop, and
if the purpose of the treatment is to
protect the seed itself. EPA and the
Canadian Pest Management Regulatory
Agency will work together under the
auspices of the North American Free
Trade Agreement to harmonize policies
and practices pertaining to pesticide-
treated seed. Harmonization will
facilitate the import and export of
treated seeds.
Timetable:
Action
Date
FR Cite
NPRM
12/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 426
Sectors Affected: 111 Crop Production;
11511 Support Activities for Crop
Production
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD37
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3560. PESTICIDE MANAGEMENT AND
DISPOSAL
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: This action develops
procedures for mandatory and
voluntary recall actions under section
19(b) of FIFRA and would establish
criteria for acceptable storage and
disposal plans which registrants may
submit to this Agency to become
eligible for reimbursement of storage
costs. This action establishes
procedures for indemnification of
owners of suspended and canceled
pesticides for disposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/05/93 58 FR 26856
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3432
Agency Contact: David Stangel,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2225A, Washington, DC 20460
Phone: 202 564-4162
RIN: 2020-AA33
3561. 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 165; 40 CFR 156
Legal Deadline: Final, Statutory,
December 24, 1991.
-------
65102
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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
Date FR Cite
NPRM (Container 02/11/94 59 FR 6712
Design & Residue
Removal & Bulk
Containment)
Supplemental NPRM 10/21/99 64 FR 56918
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 265
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@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@epa.gov
RIN: 2070-AB95
3562. EXEMPTIONS FOR PLANT
PESTICIDES REGULATED UNDER
FIFRA AND FFDCA
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136 et seq; 21
USC 346(a) et seq
CFR Citation: 40 CFR 152.20; 40 CFR
174
Legal Deadline: None
Abstract: Substances that plants
produce to protect themselves against
pests are pesticides under FIFRA if
humans intend to use them to destroy,
prevent, repel or mitigate any pest. The
Agency designates these substances,
along with the genetic material
necessary to produce them, plant-
pesticides. This rulemaking will
exempt several categories of plant-
pesticides from FIFRA and FFDCA
regulations; confirms that plants used
as biological control agents are exempt
from regulation under FIFRA; and
establishes a new part in title 40 of the
CFR, part 174, which consolidates
regulations specific for plant-pesticides
in one part of the CFR. The proposed
consolidation is expected to benefit the
public by providing greater focus,
enhanced clarity and ease of use. These
actions will reduce burden on both the
regulated community and EPA.
Timetable:
Action
Date FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62 FR 27132
Supplemental NPRM 04/23/99 64 FR 19958
Request for
Comment on
Alternate Name
Final Action 01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2684
Agency Contact: Janet Andersen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501W, Washington,
DC 20460
Phone: 703 308-8712
Email: andersen.janet@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC02
3563. GROUND WATER AND
PESTICIDE MANAGEMENT PLAN
Regulatory Plan: This entry is Seq. No.
130 in Part II of this issue of the
Federal Register.
RIN: 2070-AC46
3564. WPS; PESTICIDE WORKER
PROTECTION STANDARD; GLOVE
AMENDMENT
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136(w)
CFR Citation: 40 CFR 170
Legal Deadline: None
Abstract: Since the issuance of the
1992 WPS and the January 1, 1995
implementation, farmworker groups
have expressed an interest in enhancing
specific protection measures, while
grower groups, the National Association
of State Departments of Agriculture and
others have expressed an interest in
addressing practical, operational
concerns. The Agency received various
requests and comments in the form of
letters, petitions, and individual and
public meetings to address the concerns
with the WPS. As a result, there may
be a need to make further changes of
a minor nature to the WPS rule. EPA
will take such actions as rules, policy
statements or other documents as
appropriate, and provide Regulatory
Agenda entries when actions are
planned.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/09/97 62 FR 47544
12/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 3731
Sectors Affected: 1111 Oilseed and
Grain Farming; 1112 Vegetable and
Melon Farming; 1113 Fruit and Tree
Nut Farming; 1114 Greenhouse,
Nursery and Floriculture Production;
1131 Timber Tract Operations; 115112
Soil Preparation, Planting, and
Cultivating
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65103
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
John R. MacDonald, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-7370
Fax: 703 308-2962
Email: macdonald.john@epa.gov
RIN: 2070-AC93
3565. TOLERANCES FOR PESTICIDE
EMERGENCY EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 176
Legal Deadline: Final, Statutory,
August 3, 1997.
Abstract: This regulation will set out
policies and procedures under which
EPA will establish food tolerances
associated with the use of pesticides
under emergency exemptions.
Emergency exemptions are issued for
temporary use of pesticides where
emergency conditions exist. Under the
Federal Food, Drug and Cosmetic Act,
as amended by the Food Quality
Protection Act, EPA must establish
time-limited tolerances for such
pesticides if the use is likely to result
in residues in food. EPA expects to
describe the procedures to be used, and
the criteria for establishing tolerances.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/03/99 64 FR 29823
09/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 38
Sectors Affected: 111 Crop Production;
112 Animal Production; 92614
Regulation of Agricultural Marketing
and Commodities
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Ellen Kramer, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-6475
Fax: 703 305-5884
Email: kramer.ellen@epa.gov
RIN: 2070-AD15
3566. • REGISTRATION OF
GRANULAR FERTILIZER-PESTICIDE
COMBINATION PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a
CFR Citation: 40 CFR 152.43
Legal Deadline: None
Abstract: This final rule will allow the
registration of multiple products
consisting of granular pesticide-
fertilizer combinations under a single
registration. The result of this
regulatory change will be to streamline
the registration process for such
products, reduce paperwork burdens
and costs for producers of pesticide-
fertilizer combination products.
Timetable:
Action
Date
FR Cite
Final Action Direct 12/00/99
final rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4347
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Dan Kenny,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7505C, Washington,
DC 20460
Phone: 703 305-7546
Email: kenny.dan@epa.gov
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-AD40
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3567. POLICY OR PROCEDURES FOR
NOTIFICATION TO THE AGENCY OF
STORED PESTICIDES WITH
CANCELLED OR SUSPENDED
REGISTRATION
Priority: Other Significant
Legal Authority: 7 USC 136 FIFRA sec
6
CFR Citation: 40 CFR 168
Legal Deadline: None
Abstract: This policy will clarify the
requirements of section 6(g) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The policy
will provide procedures for certain
persons who possess canceled or
suspended pesticides to notify the EPA
and State and local officials of (1) such
possessions; (2) the quantity possessed;
and (3) the place the pesticide is stored.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/28/91 56 FR 13042
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 272
Agency Contact: David Stangel,
Environmental Protection Agency,
General Counsel and Enforcement
Counsel, 2225A, Washington, DC 20460
Phone: 202 569-4162
RIN: 2020-AA29
-------
65104
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3568. REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS; AND OTHER PESTICIDE
REGULATORY CHANGES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152; 40 CFR 156
Legal Deadline: NPRM, Statutory, May
1, 1997.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. EPA will
evaluate the feasibility and cost-
effectiveness of various registration
process reforms, including registrant
certification, and expansion of the
current notification procedures. The
regulation will also include labeling
standards for public health
antimicrobial products. This regulation
will also implement some general
provisions of FIFRA pertaining to all
pesticides, including labeling
requirements.
Timetable:
Action Date FR Cite
NPRM 10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 3892
Legal Description: The Final Rule is
due 240 days after close of comment
period.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing;
32551 Paint and Coating
Manufacturing; 32531 Fertilizer
Manufacturing; 32519 Other Basic
Organic Chemical Manufacturing;
42291 Farm Supplies Wholesalers;
42269 Other Chemical and Allied
Products Wholesalers
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD 14
3569. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180.33
Legal Deadline: None
Abstract: In 1996, the Food Quality
Protection Act amended the Federal
Food, Drug, and Cosmetic Act to
require EPA to charge tolerance fees
that, in the aggregate, will cover all
costs associated with processing
tolerance actions, including filing a
tolerance petition, and establishing,
modifying, leaving in effect, or revoking
a tolerance or tolerance exemption.
Since 1983 (the last time a cost analysis
was conducted), factors such as
expanded data requirements, changes
in risk assessment methods,
improvements in data base management
and tracking systems, and the
increasing complexity of scientific
review of petitions have resulted in
costs substantially exceeding the fees
currently charged. This proposed rule
will adjust the fee structure and fee
amounts for tolerance actions.
Timetable:
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@epa.gov
RIN: 2070-AD23
3570. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 21 USC 346(a)(q)
CFR Citation: 40 CFR 180; 40 CFR 185;
40 CFR 186
Legal Deadline: Other, Statutory,
August 3, 1999, See additional
information.
Abstract: EPA will reassess pesticide
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA sec. 408 (q), as amended by the
Food Quality Protection Act (FQPA).
FQPA requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take a series of regulatory
actions to modify or revoke tolerances.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/09/99 64 FR 31039
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4027
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
Carol Peterson, Environmental
Protection Agency, Office of
Action
Date
FR Cite
Pesticide specific To Be Determined
actions ongoing
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4175
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33% by August
3, 1999, 66% by August 3, 2002, and
100% by August 3, 2006. The Agency
will continue to access pesticide
tolerances throughout year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Joseph Nevola,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65105
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Phone: 703 308-8037
Email: nevola.joseph@epa.gov
Robert McNally, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epa.gov
RIN: 2070-AD24
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3571. EXEMPTION OF CERTAIN
PESTICIDE SUBSTANCES FROM
FIFRA REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 152.25(g)(l)
Completed:
Reason
Date
FR Cite
Withdrawn No further 08/25/99
action planned at
this time.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Sheryl Reilly
Phone: 703 308-8265
Email: reilly.sheryl@epa.gov
Jean Frane
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3572. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has established a
program to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 2 & 4-
Pentanedione
SNUR
NPRM Chloranil
NPRM Benzidine-
based Chemical
Substances
Final Action
Benzidine-based
Chemical
Substances
09/27/89 54 FR 39548
05/12/93 58 FR 27980
08/30/95 60 FR 45119
10/07/96 61 FR 52287
NPRM Flame 12/00/99
Retardant
Chemicals
NPRM Amendment to 03/00/00
Benzidine-based
Chemical
Substances SNUR
NPRM 2 & 4- 05/00/00
Pentanedione
SNUR (Reproposal)
Final Action Final 10/00/00
Chloranil SNUR
NPRM Certain 10/00/00
Chemical
Substances No
Longer in
Production SNUR
NPRM Heavy Metal- 10/00/00
Based Pigments in
Aerosol Spray
Paints SNUR
NPRM 05/00/01
Methylcyclopentane
SNUR
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1864
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
Mary Dominiak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 2070-AA58
3573. TEST RULES; GENERIC ENTRY
FOR PROPOSED DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
Abstract: EPA is proposing to require
testing via rule, or will obtain testing
through negotiated enforceable consent
agreements (EGAs) or publish a notice
which provides the reasons for not
doing so. These chemicals have been
designated for priority testing
consideration by the ITC, recommended
for testing consideration (for which the
12-month statutory requirement does
not apply), or they have been identified
for testing consideration by other EPA
program offices and through EPA
review processes.
-------
65106
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRMITCII 12/00/99
Chemicals (ITC List
28)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3494
NPRM must be published within one
year of ITC designation.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
RIN: 2070-AB07
3574. TEST RULES; NEGOTIATED
CONSENT ORDER AND TEST RULE
PROCEDURES
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790; 40 CFR 791;
40 CFR 799
Legal Deadline: None
Abstract: This action will amend the
testing consent order and test rule
development process to increase
efficiency. The consent order process
was adopted by the Agency in June
1986. Based on experience to date, the
Agency needs to make changes in the
process to reduce the resources
required for consent order negotiation.
This rule would propose appropriate
procedural changes. Obsolete
provisions will be eliminated for test
rule development activities.
Timetable:
Action Date FR Cite
Interim Final Rule
Interim Final Rule
Interim Final Rule
(Technical
Modification)
NPRM
05/17/85 50 FR 20652
06/30/86 51 FR 23706
09/01/89 54 FR 36311
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2245
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AB30
3575. TEST RULE; ATSDR
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 15
USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4 (a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of eight chemicals (benzene,
chloroethane, methylene chloride,
perchloroethylene, hydrogen cyanide,
sodium cyanide, toluene, and
trichloroethylene) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i).
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program.
Data from this action would provide
specific information about the
substances for the public and scientific
community. The information would be
used in conducting comprehensive
public health assessments of
populations living near hazardous
waste sites. Scientific data improves the
quality of risk assessments used by
EPA, other Federal agencies, and State
and local governments. The risk
assessments affect standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment.
Timetable:
Action
Date FR Cite
NPRM
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 2563
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202,260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Robert Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.robert@epa.gov
RIN: 2070-AB79
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65107
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3576. CHILDREN'S HEALTH TEST
INITIATIVE
Priority: Other Significant
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 will hold public
meetings to involve stakeholders in the
design and development of a voluntary
program to test commercial chemicals
to which children may have a high
likelihood of exposure. The purpose of
the voluntary testing program is to
obtain toxicity data needed to assess
the risk of childhood exposure to
commercial chemicals. The information
which is developed in the course of
the stakeholder involvement process
towards developing a voluntary testing
program may also be considered in the
development of a test rule. If an
adequate voluntary children's health
testing program fails to emerge from the
stakeholder involvement process, EPA
will proceed with development of a test
rule under section 4 of the Toxic
Substances Control Act (TSCA). The
purpose of any future Children's Health
initiatives or test rules, is to improve
our understanding of the risks posed
to children's health by chemicals to
which they may be exposed in the
home, school, and the environment.
Timetable:
Action
Date FR Cite
NPRM
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2865
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-8155
Fax: 202 401-3672
Email: roman.catherine@epa.gov
RIN: 2070-AC27
3577. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2646 TSCA
sec 206 '
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
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. The
upcoming notice of proposed
rulemaking (NPRM) will improve
harmony of the existing interim final
MAP with the Occupational Safety and
Health Administration's regulations to
the extent consistent with applicable
EPA statutes, and provide clarifications.
Timetable:
Action
Date FR Cite
Model Plan
Interim Fin
NPRM
05/13/92 57 FR 20438
02/03/94 59 FR 5236
09/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3148
See related entry 2070-AC62.
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Tony baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3036
Fax: 202 260-1724
Email: baney.tony @epa.gov
RIN: 2070-ACS 1
3578. TSCA INVENTORY UPDATE
RULE AMENDMENTS
Regulatory Plan: This entry is Seq. No.
110 in Part II of this issue of the
Federal Register.
RIN: 2070-AC61
3579. LEAD-BASED PAINT ACTIVITIES
RULES; TRAINING, ACCREDITATION,
AND CERTIFICATION RULE AND
MODEL STATE PLAN RULE-
BUILDING AND STRUCTURES
SECTION 402(A)
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: PL 102-550 sec 402;
PL 102-550 sec 404; 15 USC 2603
TSCA Title IV
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program which may be
adopted by any State which seeks to
administer and enforce a State Program.
EPA promulgated regulations for
training and certification of training
programs for LBP activities and child
occupied facilities in 1996. Regulations
for LBP activities in public and
commercial buildings and bridges and
-------
65108
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
other structures are still under
development.
Timetable:
Action
Date FR Cite
NPRM 1 (Residential) 09/02/94 59 FR 45872
Final Action 1 08/29/96 61 FR 45778
(Residential)
Int Final Rule Minor 08/04/98 63 FR 41430
Amendment to
Grant Provisions
NPRM 2 (Buildings & 09/00/00
Structures)
Final Action 2 10/00/01
(Buildings &
Structures)
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4376
(formerly tracked under SAN 3244)
See discussion of related rules in Reg.
Plan entry (RIN 2070-AD06).
Sectors Affected: 611519 Other
Technical and Trade Schools; 23411
Highway and Street Construction
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Todd Holderman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-6917
Fax: 202 260-0770
Email: holderman.todd@epa.gov
RIN: 2070-AC64
3580. ASBESTOS WORKER
PROTECTION RULE AMENDMENTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 TSCA
sec 6; 15 USC 2607 TSCA sec 15; 15
USC 2614 TSCA sec 15; 15 USC 2615
TSCA sec 16
CFR Citation: 40 CFR 763
Legal Deadline: None
Abstract: EPA is proposing to amend
the Asbestos Abatement Projects,
Worker Protection Rule (WPR), by
incorporating certain revisions that
were made to the Occupational Safety
and Health Administration (OSHA)
asbestos workplace standards issued
since EPA's WPR was promulgated in
1987 to the extent that the OSHA
revisions are consistent with applicable
EPA statutes. The proposal would
generally extend the coverage provided
under the OSHA Asbestos Standard for
Construction to State and local
government employees who are not
covered by OSHA or EPA approved
State plans. EPA also proposes to
delegate authority to grant or deny
State exclusions under the WPR to EPA
Regional Administrators and to add
compliance and enforcement
requirements for State exclusions. In
addition, EPA is proposing to amend
the Asbestos-Containing Materials in
Schools Rule by relocating certain
worker protection provisions relating to
schools, which are currently contained
in that rule, to the WPR.
Timetable:
Action
Date FR Cite
11/01/94 59 FR 54746
09/00/00
NPRM(1)
NPRM (2)
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 224
Sectors Affected: 92111 Executive
Offices; 92311 Administration of
Education Programs; 92312
Administration of Public Health
Programs; 92411 Air and Water
Resource and Solid Waste Management
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3936
Fax: 202 260-1724
Email: baney.tony@epa.gov
RIN: 2070-AC66
3581. LEAD-BASED PAINT
ACTIVITIES; TRAINING AND
CERTIFICATION FOR RENOVATION
AND REMODELING SECTION 402(C)(3)
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: PL 102-550 Sec
402 (c) (3); 15 USC 2603 TSCA Title IV
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory,
October 31, 1996.
Abstract: Under section 402 (c) (2) of
TSCA Title IV, EPA conducted a study
of the extent to which persons engaged
in renovation and remodeling activities
in target housing are exposed to lead
in the conduct of such activities or
disturb lead and create a lead-based
paint hazard. EPA must use the results
of this study and consult with
interested parties to determine which
categories of renovation and remodeling
activities require training and
certification. EPA must then revise the
training and certification regulations
originally developed for individuals
performing lead-based paint abatement
under section 402 (c) (a) of TSCA Title
IV to apply them to the renovation and
remodeling categories. If EPA
determines that any category does not
require certification, EPA must publish
an explanation of the basis for that
determination.
Timetable:
Action
NPRM
Final Action
Date
09/00/00
08/00/01
FR Cite
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3557
Sectors Affected: 23321 Single Family
Housing Construction; 23322
Multifamily Housing Construction;
23521 Painting and Wall Covering
Contractors; 23551 Carpentry
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65109
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Contractors; 23599 All Other Special
Trade Contractors; 54138 Testing
Laboratories; 53111 Lessors of
Residential Buildings and Dwellings;
531311 Residential Property Managers
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
RIN: 2070-AC83
3582. LEAD; OVERVIEW OF
RULEMAKINGS UNDER TSCA
SECTION 402, LEAD-BASED PAINT
ACTIVITIES FOR THE REGULATORY
PLAN
Regulatory Plan: This entry is Seq. No.
111 in Part II of this issue of the
Federal Register.
RIN: 2070-AD06
3583. TEST RULE FOR CERTAIN
METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26; 42 USC 9604(1) CERCLA
104(1)
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4 (a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) to fill data needs identified
by the Agency for Toxic Substances
and Disease Registry (ATSDR), the
National Toxicology Program (NTP),
and EPA pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(1).
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program.
Data from this action would provide
specific information about the
substances for the public and scientific
community. The information would be
used in conducting comprehensive
public health assessments of
populations living near hazardous
waste sites. Scientific data improves the
quality of risk assessments used by
EPA, other Federal agencies, and State
and local governments. The risk
assessments affect standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment.
The metals listed here, including
cadmium, are also hazardous air
pollutants (HAPs) under the Clean Air
Act (CAA) section 112. Data from this
action would also be used to
implement several provisions of section
112 of the CAA, including determining
risks remaining after the application of
technology based on standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed from
the CAA section (b)(l) list of HAPs
(delisting).
Timetable:
Action
Date FR Cite
NPRM
01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3882
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Robert Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.robert@epa.gov
RIN: 2070-AD10
3584. TSCA BIOTECHNOLOGY
FOLLOW-UP RULES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2604 TSCA
5(a)
CFR Citation: 40 CFR 720; 40 CFR 725
(Revision)
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology rule under the Toxic
Substances Control Act (TSCA), EPA
plans to address two actions. (1)
Intergeneric Scope of Oversight: OPPT
currently defines new microorganisms
which are subject to reporting under
TSCA section 5 as those resulting from
the deliberate combination of genetic
material originally isolated from
microorganisms classified in different
taxonomic genera. Such
microorganisms are referred to as
intergeneric microorganisms. EPA
indicated in its 1994 proposed
biotechnology regulations that it may
reconsider its interpretation of new
microorganism in a later rulemaking,
based on the more current state of
scientific knowledge about the manner
in which genetic material is exchanged
among microorganisms in the
environment. (2) TSCA Oversight of
Transgenic Plants: Certain transgenic
plants which express products or
which are used for purposes subject to
EPA jurisdiction under TSCA may be
used for commercial purposes in the
United States without oversight by
EPA. Such uses include: plants used
as intermediates to produce industrial
grade oils; and plants used for
phytoremediation (cleanup of
contaminated soils). Section 5 of TSCA
requires that new chemical substances
be reviewed by the Agency prior to
their introduction into commerce. In its
-------
65110
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
proposed rule, 59 FR 45526 (September
1, 1994), EPA stated that it was
reserving jurisdiction over certain
transgenic plants and animals: Plants
and animals could also be chemical
substances under TSCA. EPA is
reserving authority under TSCA to
screen transgenic plants and animals in
the future as needed, 59 FR 45526,
45527 (September 1, 1994). This action
will address whether EPA should
exercise jurisdiction under TCSA over
products produced by transgenic
plants, and/or certain plants.
Timetable:
Action
Date FR Cite
PolicyStatement 2 06/00/00
TSCA Plants
Oversight Policy
NPRM(1)lntergeneric 12/00/00
Scope of Oversight
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3894
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-1857
Fax:202260-0118
Email: giamporcaro.david@epa.gov
RIN: 2070-AD13
3585. MULTI-CHEMICAL TEST RULE;
HIGH PRODUCTION VOLUME
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611-12; 15 USC 2625-26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: This action is related to Vice
President Gore's challenge to industry
on the eve of Earth Day, April 21, 1998,
to come forward quickly with needed
test data on high production volume
(HPV) chemicals. This challenge
encompasses approximately 2,800
chemicals which are manufactured
(including imported) in the aggregate at
more than 1 million pounds on an
annual basis. The data needed on these
chemicals are: acute toxicity, repeat
dose toxicity, developmental and
reproductive toxicity; mutagenicity;
ecotoxicity and environmental fate.
This rule will require testing and
recordkeeping requirements for those
chemicals for which industry does not
voluntarily agree to provide testing in
a timely manner. The action is part of
the Chemical Right-to-Know Initiative,
which is described in the Regulatory
Plan. Industry has volunteered to
conduct needed testing on about 1,100
of these HPV chemicals. The first rule
will propose testing for 400 HPV
chemicals. Future rules will encompass
the remaining chemicals.
Timetable:
Action
Date
FR Cite
NPRM
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3990
See also the Regulatory Plan entry
entitled Chemical Right-to-Know
Initiative (RIN 2070-AD25; SAN 4176).
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
RIN: 2070-AD16
3586. CHEMICAL RIGHT-TO-KNOW
INITIATIVE
Regulatory. Plan: This entry is Seq. No.
112 in Part II of this issue of the
Federal Register.
RIN: 2070-AD25
3587. TSCA SECTION 4
ENFORCEABLE CONSENT
AGREEMENT FOR CERTAIN
OXYGENATED FUEL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611; 15 USC 2625
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Methyl tertiary butyl ether
(MTBE) is commonly found at
concentrations above the current EPA
draft lifetime health advisory for
drinking water at many point source-
gasoline release sites. MTBE is
significantly more persistent than
benzene, toluene, ethyl-benzene and
xylenes (BTEX) in the subsurface.
Releases of fuel oxygenates occur
during manufacture, distribution,
storage, and use, particularly from
point sources such as underground
storage tanks, pipelines and refueling
facilities. The Toxic Release Inventory
(TRI) estimates that MTBE releases in
the United States exceeded 3.3 million
pounds in 1994. EPA has not
established water quality criteria for
fuel oxygenates for protection of
freshwater or marine aquatic life. The
American Petroleum Institute (API)
recently completed a search and
evaluation of extant literature on acute
and chronic toxicity of oxygenates for
aquatic organisms and provided the
results to EPA. From the data gaps
identified through that effort, testing to
fill critical needs is expected to be
conducted within a year of the API
submission. Current actions should
provide an appropriate basis for later
determining whether additional effects
testing or research is needed.
Most of the testing and research on the
toxicity of oxygenates has been
concerned on the effects of inhaled
MTBE in laboratory and human
volunteers. Virtually no information
exists on the effects of ingested
oxygenates on humans, with the
notable exception of the extensive
database on the health effects of
ingested alcohol. The lack of an
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda 65111
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
adequate health effects database has
made it difficult to develop a final
drinking water Health Advisory or
derive an oral Reference Dose (RfD) for
MTBE and other oxygenates. Further
subchronic and chronic data are
necessary to develop a final Health
Advisory. This action, would be a
cooperative effort between EPA and
Industry to conduct a testing program,
to develop the needed data.
Timetable:
Action Date FR Cite
Notice Solicit 12/00/99
Interested Parties
Notice EGA 03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4174
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Charles M. Auer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-2134
Fax: 202 401-3672
Email: semeniuk.george@epa.gov
RIN: 2070-AD28
3588. LEAD-BASED PAINT;
NOTIFICATION OF COMMENCEMENT
OF ABATEMENT ACTIVITIES
(SECTION 402(A))
Priority: Info./Admin./Other
Legal Authority: PL 102-550; 15 USC
2603 TSCA 4
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: Section 402 of TSCA directs
EPA to establish regulations containing
standards for performing lead-based
paint activities. One of the standards
EPA developed, codified at 40 CFR
section 745.227(e)(4), requires
notification to EPA of the
commencement of lead-based paint
abatement activities in a residential
dwelling or child-occupied facility or
as a result of a Federal, State, or local
order. This rule establishes
requirements for the notification of
commencement of lead-based paint
abatement activities. These provisions
include uniform procedures to notify
the Agency of routine and emergency
lead-based paint abatement activities.
The rule will also prohibit lead-based
paint abatement activities from starting
on any date other than the one
contained in the notification. This
information is necessary to provide
enforcement personnel with
information for compliance activities
and to prioritize inspections.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
04/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4172
This action has been split off from the
action entitled Fees for Accreditation
and Certification of Lead-Based Paint
Activities (SAN 3881; 2070-AD11).
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
RIN: 2070-AD31
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3589. FOLLOW-UP RULES ON NON-
5(E) NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
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 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date
FR Cite
NPRM Alkyl & Sulfonic 06/11/86 51 FR 21199
Acid & Ammonium
Salt (84-1056)
NPRM1-Decanimine- 12/08/87 52 FR 46496
N-Decyl-N-Methyl-
N-Oxide (86-566)
NPRM Aluminum 06/11/93 58 FR 32628
Cross-linked
Sodium
Carboxymethyl-
cellulose
Final Action Alkyl &
Sulfonic Acid &
Ammonium Salt (84-
1056)
12/00/99
-------
65112
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Final Action 1- 12/00/99
Decanimme-N-
Decyl-N-Methyl-N-
Oxide (86-566)
Final Action Aluminum 12/00/99
Cross-linked
Sodium
Carboxymethyl-
cellulose
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1857
Fax: 202260-0118
Email: alwood.jim@epa.gov
Flora Chow, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
RIN: 2070-AA59
3590. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607 (a) TSCA
sec 8 (a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8 (a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions.
Timetable:
Action
Date FR Cite
Final Action 37th ITC 02/28/96 61 FR 7421
List
Final Action 38th ITC 10/29/96 61 FR 55871
List
Final Action 38th ITC 12/11/96 61 FR 65186
List - Stay
Final Action 38th ITC 01/07/98 63FR684
List - Stay/Technical
Amendments
Final Action 38th ITC 12/00/99
List - Revocation
Final Action 39th ITC 12/00/99
List
Final Action 41 st ITC 12/00/99
List
Final Action 42nd ITC 12/00/99
List
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
John R. Harris, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
RIN: 2070-AB08
3591. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2607(d) TSCA
sec 8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require
manufacturers, importers and
processors to submit unpublished
health and safety data on chemicals
added to the requirements of the Toxic
Substances Control Act section 8(d)
Health and Safety Data Reporting Rule
(40 CFR part 716). These chemicals
have been identified by the Office of
Pollution Prevention and Toxics, other
EPA offices, and other Federal agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee.
Timetable:
Action
Date
FR Cite
Final 38th ITC List
Final 38th ITC List -
Stay
Final 38th ITC List -
Stay/Technical
Amendment
Final Action 38th ITC
List - Revocation
Final Action 43rd ITC
List
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98 63FR684
12/00/99
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 113
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
RIN: 2070-AB11
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65113
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3592. PCBS; POLYCHLORINATED
BIPHENYLS; EXEMPTIONS FROM THE
PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
sec6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
1) no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. In addition, the
Interim Procedural Rules were
amended to require certain petitioners
to reapply for EPA approval to continue
PCB activities previously approved by
EPA.
Timetable:
Action
Date FR Cite
12/06/94 59 FR 62875
02/00/00
09/00/00
NPRM(1)Groupl
Final Action Group I
NPRM (2) Group II
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 215
Sectors Affected: 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 2211 Electric
Power Generation, Transmission and
Distribution; 622 Hospitals; 6113
Colleges, Universities and Professional
Schools; 921 Executive, Legislative,
Public Finance and General
Government
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
RIN: 2070-AB20
3593. CHEMICAL-SPECIFIC
SIGNIFICANT NEW USE RULES
(SNURS) TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5 (e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM Batch SNUR: 05/27/93 58 FR 30744
84-660/-704 & 84-
105/-106/-107&85-
433
NPRM Aromatic 06/06/94 59 FR 29255
Amino Ether (P90-
1840)
NPRM Alkenyl Ether 12/19/94 59 FR 65289
of Alkanetnol
Polymer (93-458)
NPRM Certain 06/26/97 62 FR 34421
Chemical
Substances (91 -
1299/95-166791-
129891-1297
NPRM Certain 09/09/98 63 FR 48157
Chemical
Substances
Final Action Aromatic 12/00/99
Amino Ether (P90-
1840)
Final Action Alkenyl 12/00/99
Ether of Alkanetriol
Polymer (93-458)
Final Action Certain 12/00/99
Chemical
Substances
Final Action Batch 02/00/00
SNUR: 84-660/-704
&84-105/-106/-107
& 85-433
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3495
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, 7405, Washington,
DC 20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
Flora Chow, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
RIN: 2070-AB27
3594. TEST RULES; GENERIC ENTRY
FOR FINAL DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790-799
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
-------
65114 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
listed herein. These chemicals have
been designated for priority testing
consideration by the ITC or
recommended for testing consideration
(for which the 12-month statutory
requirement does not apply). The list
also includes chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes.
Timetable:
Action
Date FR Cite
ANPRM Aryl
Phosphates (ITC
List 2)
NPRM Brominated
Flame Retardants
12/29/83 48 FR 57452
06/25/91 56 FR 29140
01/17/92 57 FR 2138
08/05/99 64 FR 42692
NPRM Aryl
Phosphates (ITC
List 2)
Final Action-EGA
DiBasic Esters
(CPSC)
Final Action-ECA Aryl 12/00/99
Phosphates (ITC
List 2)
Final Action ITC 12/00/99
Chemicals (ITC List
28)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3493
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AB94
3595. ACRYLAMIDE; BAN ON USE OF
ACRYLAMIDE FOR GROUTING
Priority: Other Significant
Legal Authority: 15 USC 2605 TSCA
sec 6; 15 USC 2607 TSCA sec 8
CFR Citation: 40 CFR 764
Legal Deadline: None
Abstract: On October 2, 1991, EPA
proposed a regulation of acrylamide
and NMA grouts based on the
unreasonable risk associated with their
usage. EPA's rule would prohibit the
manufacture, distribution in commerce,
and use of acrylamide grout. In
February 1996, EPA reopened the
record for 30 days to take additional
comments, specifically to seek data on
the durability of acrylamide and NMA
grouts. The Agency has reviewed the
comments and expects to promulgate
the final rule in the Winter of
1999/2000.
Timetable:
Action
Date
FR Cite
NPRM
Notice Reopening
Record for
Comments on
Durability of NMA
Final Action
10/02/91 56 FR 49863
02/28/96 61 FR 7454
01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 277
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1771
Fax: 202 260-1096
Email: bowser.john@epa.gov
Charlie Auer, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3759
Fax: 202 260-8168
Email: auer.charles@epa.gov
RIN: 2070-AC17
3596. REFRACTORY CERAMIC
FIBERS; SIGNIFICANT NEW USE
RULES ON NATIONAL PROGRAM
CHEMICALS
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. Proposed
rules may be published on at least the
chemicals listed on the timetable
below.
Timetable:
Action
Date
FR Cite
NPRM Refractory 03/21/94 59 FR 13294
Ceramic Fiber
Final Action Refractory 09/00/00
Ceramic Fiber
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
Cindy Fraleigh, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC37
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65115
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3597. PCBS; POLYCHLORINATED
BIPHENYLS (PCBS) TRANSFORMER
RECLASSIFICATION RULE
Priority. Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: This rule would relax the
regulatory requirements for
reclassifying PCB transformers to a
lower regulatory status by modifying
the current reclassification
requirements of 50 degree centigrade
temperature and 90-day testing. Results
of a preliminary analysis indicate that
many transformers never reach the
required temperature during operation,
but retrofitting still successfully
reduces PCB concentration. Safety risks
to employees and to the general public
occur in mandating the continued
adherence to the current regulations.
EPA may also address the
reclassification of voltage regulators.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/18/93 58 FR 60970
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3021
Sectors Affected: 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 2211 Electric
Power Generation, Transmission and
Distribution; 622 Hospitals; 6113
Colleges, Universities and Professional
Schools; 921 Executive, Legislative,
Public Finance and General
Government
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Tom Simons, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: simons.tom@epa.gov
RIN: 2070-AC39
3598. LEAD; TSCA SECTION 403;
IDENTIFICATION OF DANGEROUS
LEVELS OF LEAD
Regulatory Plan: This entry is Seq. No.
131 in Part II of this issue of the
Federal Register.
RIN: 2070-AC63
3599. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 7412 CAA 112; 42 USC 7403
CAA 103; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. 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 01/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3487
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: David R. Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-0321
Fax: 202 401-3672
Email: leukroth.rich@epa.gov
RIN: 2070-AC76
3600. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2607(e) TSCA
sec 8(e)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The TSCA section 8(e) Notice
of Clarification and Solicitation of
Public Comment would amend certain
aspects of the 1978 TSCA section 8(e)
Statement of Interpretation and
Enforcement Policy (1978 Policy
Statement). The 1978 Policy Statement
describes the types of information that
EPA considers reportable under section
8(e), the substantial risk reporting
provision of TSCA, and describes the
-------
65116
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
procedures for reporting such
information to EPA. This clarification
effort derives from a review of the
existing section 8(e) guidance done in
the context of questions raised by
companies considering participating in
the section 8(e) Compliance Audit
Program (CAP). As a result of this
review, EPA determined that parts of
the 1978 Policy Statement concerning
the reportability of information on
widespread and previously
unsuspected distribution in
environmental media and emergency
incidents of environmental
contamination needed some refinement.
The subject Federal Register action
solicited comment on refined reporting
guidance concerning widespread and
previously unsuspected distribution in
environmental media and provides
additional circumstances where
information is not reportable because it
is considered known to the
Administrator. Finally, the notice
solicited comments on changes to the
section 8(e) reporting deadline and
reaffirmed the standards for claims of
confidentiality for information
contained in a notice of substantial risk
under section 8(e).
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/13/93 58 FR 37735
03/00/00
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, 7403, Washington,
DC 20460
Phone: 202 260-3470
Fax:202260-1216
Email: hefter.richard@epa.gov
Tery O'Bryan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403, Washington, DC
20460
Phone: 202 260-3483
Fax: 202 260-1216
Email: obryan.terry@epa.gov
RIN: 2070-AC80
3601. NOTICE OF TSCA SECTION 4
REIMBURSEMENT PERIOD AND TSCA
SECTION 12(B) EXPORT
NOTIFICATION PERIOD SUNSET
DATES FOR TSCA SECTION 4
SUBSTANCES
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 707; 40 CFR 790;
40 CFR 791; 40 CFR 799
Legal Deadline: None
Abstract: EPA is developing a list of
substances that are or have been subject
to TSCA section 4 testing actions which
required testing under rules or
Enforceable Consent Orders. EPA will
identify sunset, or termination dates
that will identify: (1) the end of section
4 reporting requirements (40 CFR 790);
(2) the end of the reimbursement period
under which persons subject to test
rules are subject to an obligation to
reimburse test sponsors (40 CFR 791);
and (3) the end of the period during
which export notification requirements
under TSCA section 12(b) are triggered.
Timetable:
Action
Date FR Cite
Final Action
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 355
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AC84
3602. PCBS; POLYCHLORINATED
BIPHENYL; USE AUTHORIZATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 (e) TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The notice of proposed
rulemaking that was published on
December 6, 1994, covered the
manufacture (including import),
processing, distribution in commerce,
export use, disposal, and marking of
PCBs. On June 29, 1998, EPA issued
a final rule involving the disposal
related provisions. Other provisions,
e.g., certain use authorizations and
import provisions, were to be addressed
in separate actions. This rulemaking
addresses a use authorization for
certain non-liquid PCB applications,
which although currently in use have
never been authorized under the PCB
regulations at 40 CFR part 761.
Timetable:
Action
Date FR Cite
ANPRM 06/10/91 56 FR 26738
NPRM 12/06/94 59 FR 62788
Final Action 1 PCB 06/29/98 63 FR 35384
Disposal Provisions
Notice: Use 11/00/99
Authorizations -
Data Availability
Final Action 2 Use 01/00/01
Authorizations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 417
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65117
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Sectors Affected: 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 622 Hospitals;
6113 Colleges, Universities and
Professional Schools; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Peggy Reynolds, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3965
Fax: 202 260-1724
Email: reynolds.peggy@epa.gov
RIN: 2070-AD27
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3603. LEAD; REGULATORY
INVESTIGATION UNDER THE TOXIC
SUBSTANCES CONTROL ACT (TSCA)
TO REDUCE LEAD(PB)
CONSUMPTION AND USE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: This action initiates a
regulatory investigation under the
Toxic Substances Control Act (TSCA)
section 6 to determine if uses of lead
(Pb) present an unreasonable risk to
human health and the environment.
The investigation will involve
examination of the potential sources of
human or other exposure to lead
throughout the life cycle. Based on
information gathered EPA may propose
TSCA section 6 (a) rules to control
existing or new uses of Pb which pose
an unreasonable risk to human health
or the environment, and to explore the
desirability and feasibility of
discouraging overall consumption of Pb
in general. Currently, EPA has ongoing
regulatory investigation on one specific
use of lead: fishing sinkers. EPA is
exploring a combination of approaches
to address human health and wildlife
exposure to lead fishing sinkers
including voluntary initiatives and
education campaigns. EPA is
developing materials to explain the
dangers of lead through misuse and
improper handling of lead sinkers. EPA
is working with States to generally
distribute such materials and to include
information on lead hazards to human
health and wildlife in State fishing
guidelines booklets.
Timetable:
Action
Date FR Cite
ANPRM 05/13/91 56 FR 22096
NPRM Proposed Ban 03/09/94 59 FR 11122
of Fishing Sinkers
Final Action Fishing 12/00/01
Sinkers
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Tova Spector, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3467
Fax: 202 260-0770
Email: spector.tova@epa.gov
RIN: 2070-AC21
3604. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS SECTION 402(A)
Priority: Other Significant
Legal Authority: 15 USC 2601 to 2671;
42 USC 6901 to 6992
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements is
managed under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Other
Federal agencies (Department of
Housing and Urban Development,
Department of Health and Human
Services) and several States and
advocacy groups have expressed
concern that the costs associated with
the disposal of large volume
architectural components (e.g., doors
and windows) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances and the Office of Solid
Waste have initiated a joint rulemaking
to address the disposal of these
architectural components. This
rulemaking would develop disposal
standards for these components under
the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1 )(B), includes disposal). The
TSCA regulations would establish
appropriate disposal standards for LBP
architectural components and identify
recycling and incineration activities
that would be controlled or prohibited.
To minimize duplication of waste
management requirements, EPA is
developing a companion RCRA rule to
suspend temporarily hazardous waste
management regulations applicable to
lead-based paint debris which will be
subject to the new TSCA standards.
Timetable:
Action
Date FR Cite
NPRM TSCA Proposal 12/18/98 63 FR 70189
Comment Extension of 02/12/99 64 FR 7158
Comment Period
Comment Extension of 02/12/99 64 FR 7159
Comment Period
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
-------
65118
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Additional Information: SAN No. 3508
This SAN and RIN includes RCRA
companion rule: Temporary Suspension
of Toxicity Characteristic Rule for
Specified Lead-Based Paint Debris.
Sectors Affected: 233 Building,
Developing and General Contracting;
23321 Single Family Housing
Construction; 23332 Commercial and
Institutional Building Construction;
23521 Painting and Wall Covering
Contractors; 23542 Drywall, Plastering,
Acoustical and Insulation Contractors;
23511 Plumbing, Heating and Air-
Conditioning Contractors; 23594
Wrecking and Demolition Contractors;
23592 Glass and Glazing Contractors;
54138 Testing Laboratories; 562111
Solid Waste Collection
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Dave Topping, .Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-7737
Fax: 202 260-0770
Email: topping.dave@epa.gov
RIN: 2070-AC72
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3605. ASBESTOS-CONTAINING
MATERIALS IN SCHOOLS RULE
AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 763
Completed:
Reason
Date
FR Cite
Withdrawn-No Further 08/16/99
Action Planned
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Cindy Fraleigh
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC62
3606. GUIDANCE ON
ENVIRONMENTALLY PREFERABLE
PURCHASING FOR FEDERAL
AGENCIES
Priority: Info./Admin./Other
CFR Citation: Not Yet Determined
Completed:
Reason
NPRM
Final Action
Date
09/29/95
08/20/99
FR Cite
60 FR 50722
64 FR 4581 1
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Eun-Sook Goidel
Phone: 202 260-3296
Fax: 202 260-0178
Email: goidel.eun-sook@epa.gov
Julie Shannon
Phone: 202 260-2736
Fax: 202 260-0178
Email: shannon.julie@epa.gov
RIN: 2070-AC78
3607. LEAD-BASED PAINT; FEES FOR
ACCREDITATION AND
CERTIFICATION ACTIVITIES SECTION
402(A)(3)
Priority: Info./Admin./Other
CFR Citation: 40 CFR 745
Completed:
Reason
Date
FR Cite
Direct Final Rule
NPRM
Direct Final Rule
Withdrawn
Final Action
09/02/98 63 FR 46668
09/02/98 63 FR 46734
10/16/98 63 FR 55547
06/09/99 64 FR 31092
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Ellie Clark
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Mike Wilson
Phone: 202 260-4664
Email: wilson.mike@epa.gov
RIN: 2070-AD11
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Prerule Stage
3608. TRI; ADDITION OF OIL AND GAS
EXPLORATION AND PRODUCTION TO
THE TOXIC RELEASE INVENTORY
Regulatory Plan: This entry is Seq. No.
102 in Part II of this issue of the
Federal Register.
RIN: 2070-AD19
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65119
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
3609. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY
Priority: Routine and Frequent. Major
status under 5 USC 801 is
undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: See Additional
Information.
Abstract: These actions grant or deny
petitions received to add or delete or
modify chemicals on the list of toxic
chemicals under section 313 of the
Emergency Planning and Community
Right to Know Act (EPCRA) that are
subject to reporting under the Toxic
Chemical Release Reporting Rule. The
actions cover individual chemicals or
groups of chemicals for which petitions
have been received.
Timetable:
Action
Date
FR Cite
Notice DBN PA 10/27/95 60 FR 54949
(Request to Delete)
Notice of Denial 01/23/98 63 FR 3566
Phosphoric Acid
(Request to Delete)
Notice of Denial 03/30/98 63 FR 15195
Methyl Ethyl Ketone
(MEK) (Request to
Delete)
NPRM Chromite Ore 02/23/99 64 FR 8774
(Request to Delete)
NPRM Chromite Ore 02/23/99 64 FR 8775
from Transvaal Reg.
of S.A.
Notice of Denial 03/05/99 64 FR 10597
Acetonitrile
(Request to Delete)
Final Response 11 /00/99
DBNPA (Request to
Delete)
Final Action Chromite 12/00/99
ore from Transvaal
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 2425
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408, Washington,
DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7408,
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-ACOO
3610. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11013
Pollution Prevention Act
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Section 6607 (b) of the
Pollution Prevention Act of 1990 (PPA)
(Pub. L. 101-508) requires the addition
of several data elements to the Toxic
Chemical Release Inventory (TRI)
reporting requirements as promulgated
under section 313 of the Emergency
Planning and Community Right-to-
Know Act of 1986 (EPCRA) (Pub. L.
99-499). Section 313 of EPCRA requires
owners or operators of certain facilities
that manufacture, process, or otherwise
use listed toxic chemicals to annually
report their releases of these chemicals
to each environmental medium. The
PPA mandates that section 313 covered
facilities also report on source
reduction and recycling activities
relating to the toxic chemicals
beginning with the 1991 reporting year.
Since 1991 covered facilities have been
providing this information to EPA in
section 8, Source Reduction and
Recycling Activities, of EPA Form R.
On September 25, 1991 (56 FR 48475),
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 09/25/91 56 FR 48475
Supplemental NPRM 12/00/99
Response 03/00/00
Combustion for
Energy Recovery
(Request to Modify)
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 2847
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408, Washington,
DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Sara Hisel McCoy, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7408, Washington, DC
20460
-------
65120
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
Phone: 202 260-9592
Fax: 202 401-8142
Email: hisel-mccoy.sara@epa.gov
RIN: 2070-AC24
3611. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 11048; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: On November 30, 1994, EPA
added 286 chemicals and chemical
categories to the EPCRA section 313
list, including 39 chemicals as part of
two delineated categories. Each
chemical and chemical category was
found to meet the statutory criteria
described in EPCRA section
313(d)(2)(A)-(C). At this time, EPA
deferred final action on 40 chemicals
and one chemical category until a later
date. These were deferred because the
comments received on them raised
difficult technical or policy issues
which required additional time to
address. EPA chose not to delay final
action on the 286 chemicals and
chemical categories because of the
additional time needed to address the
issues surrounding the smaller group of
40 chemicals and one chemical
category; rather, EPA believed it to be
in the spirit of community right-to-
know to proceed with the final
rulemaking of the additional chemicals
and chemical categories.
Timetable:
Action
Date FR Cite
NPRM 01/12/94 59FR1788
Final Finalizes Listing 11/30/94 59 FR 61432
of 286 Chemicals
and Chemical
Categories
Supplemental NPRM 12/00/00
Deferred Chemicals
Final Action Deferred 12/00/01
Chemicals
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3007
Includes SIC codes: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Sectors Affected: 42269 Other
Chemical and Allied Products
Wholesalers
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408, Washington,
DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7408,
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AC47
3612. 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: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) requires reporting from facilities
which manufacture or process at least
25,000 pounds of a listed chemical, or
otherwise use 10,000 pounds of a listed
chemical. In determining amounts of
listed chemicals that are manufactured,
processed or otherwise used, facilities
may be entitled to consider specific
exemptions from reporting. EPA is
presently reviewing a group of these
exemptions. The categories of
exemptions presently being
reconsidered by EPA are the structural
component exemption, the routine
janitorial and facility grounds
maintenance exemption, the personal
use exemption, the motor vehicle
maintenance exemption, and the intake
water/air exemption. Also known as the
otherwise use exemptions because they
are limited to otherwise use activities,
these exemptions are expressly
provided for at 40 CFR 372.38(c). EPA
is also considering changes to the coal
mining extraction exemption provided
for at 40 CFR 372.38(g).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/00
12/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4265
By Statute and Regulation, this rule
will affect SIC codes 20-39, 10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Lawrence A.
Reisman, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7408,
Washington, DC 20460
Phone: 202 260-2301
Fax: 202 401-8142
Email: reisman.larry@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7408,
Washington, DC 20460
Phone: 202 401-8142
Fax: 202 260-9592
Email: doa.maria@epa.gov
RIN: 2070-AD39
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65121
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
3613. TRI; REPORTING THRESHOLD
AMENDMENT FOR CERTAIN
PERSISTENT AND
BIOACCUMULATIVE TOXIC
CHEMICALS (PBTS)
Regulatory Plan: This entry is Seq. No.
132 in Part II of this issue of the
Federal Register.
RIN: 2070-AD09
3614. TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Regulatory Plan: This entry is Seq. No.
133 in Part II of this issue of the
Federal Register.
RIN: 2070-AD38
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3615. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This rule will
include: reporting thresholds for rock
salt, sand, gravel and other chemicals
that pose minimal risk; plain language
rewrite; and may consider reporting
thresholds for facilities with some
similarities to gas stations (motor pools,
marinas, etc.) and guidance on
approaches to State flexibility.
Timetable:
Action
Date
FR Cite
NPRM 06/08/98 63 FR 31268
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3215
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
RIN: 2050-AE17
3616. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHSS)
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA has received a petition
to remove Phosmet from the extremely
hazardous substance (EHS) list under
the Emergency Planning and
Community Right-to-Know Act
(EPCRA). This rulemaking will address
the petitioner's claims.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3994
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
RIN: 2050-AE42
3617. MODIFICATION OF THRESHOLD
PLANNING QUANTITY FOR
ISOPHORONE DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: On October 12, 1994 (59 FR
51816), EPA proposed to modify the
listing of several chemicals on the
extremely hazardous substances (EHS)
list under the Emergency Planning and
Community Right-to-Know Act. One
petitioner requested the removal of
isophorone diisocyanate (IPDI). EPA
rejected the petitioner's request.
However, in the review of the petition,
EPA noticed that there was an error in
the setting of the threshold planning
quantity (TPQ) for IPDI, and proposed
to correct the error in the October 12,
1994 notice of proposed rulemaking.
The other modifications to the EHS list
were made final on May 7, 1996;
however, the TPQ for IPDI was not
included in that final rule. This rule
will finalize the TPQ for IPDI.
Timetable:
Action
Date
FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
65122
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
Government Levels Affected: None
Additional Information: SAN No. 3993
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-2250
Fax: 202 260-0927
Email: franklin.kathy@epa.gov
RIN: 2050-AE43
3618. TRI; DATA EXPANSION
AMENDMENTS; TOXIC CHEMICAL
RELEASE REPORTING; COMMUNITY
RIGHT-TO-KNOW
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA;
42 USC 11023: 42 USC 11048; 42 USC
11076; 42 USC 13106
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The original Toxics Release
Inventory (TRI) required reporting from
manufacturing facilities on the releases
and other waste management activities
including waste treatment and disposal
methods. This requirement was
imposed under the Emergency Planning
and Community Right-to-Know Act
(EPCRA) section 313(g). Information on
waste management practices, including
recycling, energy recovery, and source
reduction activities, were added to TRI
pursuant to the 1990 passage of the
Pollution Prevention Act. EPA is
currently considering whether
additional data elements related to a
mass balance/materials accounting
program should be considered for
incorporation into the TRI database.
The additional data elements included
for consideration include: quantity
brought on site; quantity produced on
site; quantity consumed on site;
quantity contained in or as product;
quantity stored on site as waste; and
beginning and ending raw materials
inventory. The issue of collecting mass
balance/materials accounting
information has been debated for over
a decade. Congress, in enacting EPCRA,
directed the National Academy of
Sciences (NAS) to study this issue
further. NAS recommended that the
issue of adding materials accounting
data merited further analysis. Because
of competing priorities, this project is
currently on hold. No activities are
planned for 2000.
Timetable:
Action
Date
FR Cite
NPRM 10/01/96 61 FR 51322
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3877
SECTORS AFFECTED: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408, Washington,
DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Sara Hisel-McCoy, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7408, Washington, DC
20460
Phone: 202 260-7937
Fax: 202 401-8142
Email: hisel-mccoy.sara@epa.gov
RIN: 2070-AD08
3619. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 1101 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: When TRI was established by
Congress in 1986, the statutory
language placed 309 chemicals and 20
categories of chemicals on the TRI list;
that is referred to as the original TRI
list. The chemicals on the original list
were taken from two existing lists of
toxic substances: the Maryland
Chemical Inventory Report List of
Toxic or Hazardous Substances, and the
New Jersey Environmental Hazardous
Substances list. This action constitutes
the first systematic review of toxicology
and environmental data for all the
chemicals on the original TRI list to
determine whether data for those
chemicals conform with the statutory
criteria for listing of chemicals on TRI.
Chemicals for which data do not meet
the statutory criteria will be delisted.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4015
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
Agency Contact: Daniel R. Bushman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408, Washington,
DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7408,
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65123
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
Email: doa.maria@epa.gov
RIN: 2070-AD18
Environmental Protection Agency (EPA)
Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
Final Rule Stage
3620. • AMENDMENTS TO THE LIST
OF REGULATED SUBSTANCES AND
THRESHOLDS FOR ACCIDENTAL
RELEASE PREVENTION; FLAMMABLE
SUBSTANCES USED AS FUEL OR
HELD FOR SALE AS FUEL AT RETAIL
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-40
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: On August 5, 1999 the
President signed the Chemical Safety
Information, Site Security and Fuels
Regulatory Relief Act (Public Law 106-
40). This Act, among other things,
prohibits EPA from regulating
flammable substances under Clean Air
Act (CAA) Section 112(r) when those
substances are used as fuel or held for
retail sale as fuel. This rulemaking will
conform the existing rules
implementing CAA Section 112(r) to
the portions of Public Law 106-40
related to flammable fuels.
Timetable:
Action
Date
FR Cite
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4302
Agency Contact: James Belke,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7314
Fax: 202 260-0927
Email: belke.james@epa.gov
Breeda Reilly, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104,
Washington, DC 20460
Phone: 202 260-0716
Fax: 202 260-0927
Email: reilly.breeda@epa.gov
RIN: 2050-AE74
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3621. REGULATORY DETERMINATION
ON REMAINING WASTES FROM THE
COMBUSTION OF FOSSIL FUELS
Priority: Other Significant
Legal Authority: 42 USC 6921(b)(3)(C)
RCRAsec3001(b)(3)(C)
CFR Citation: Not Yet Determined
Legal Deadline: Other, Judicial, March
10, 2000, Regulatory Determination for
Phase II Remaining Wastes.
Abstract: On December 1, 1992, the
Agency determined that additional
study of four large-volume wastes —
fly ash, bottom ash, boiler slag and flue
gas emission control wastes — from the
combustion of coal by electric utility
power plants was not necessary. A
Final Regulatory Determination on
these wastes was signed on August 2,
1993 and published in the Federal
Register on August 9, 1993. The Agency
also determined that for the remaining
fossil-fuel combustion wastes,
additional data collection is necessary
to make a Regulatory Determination on
these wastes. A Final Regulatory
Determination will be made by March
10, 2000. These remaining wastes
include: (1) fly ash, bottom ash, boiler
slag, and flue gas emission control
wastes from the combustion of coal by
electric utility power plants when such
wastes are mixed with, co-disposed, co-
treated, or otherwise co-managed with
other wastes generated in conjunction
with the combustion of coal or other
fossil fuels, and (2) any other wastes
subject to section 8002 (n) of RCRA
other than those subject to the August
1993 regulatory determination
referenced above.
Timetable:
Action
Date
FR Cite
02/12/93 58 FR 8273
08/09/93 58 FR 42466
Notice of Availability
Regulatory
Determination
(Phase I Four Fossil
Fuel Wastes)
Regulatory 03/10/00
Determination
(Phase II Remaining
Wastes)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3201
Agency Contact: Dennis Ruddy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AD91
3622. REINVENTING THE LAND
DISPOSAL RESTRICTIONS PROGRAM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a), 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: The Land Disposal
Restrictions (LDR) program was
established to minimize threats posed
by the land disposal of untreated
hazardous wastes. The program has
been in place for a number of years
and now regulates all but the most
recently listed hazardous wastes. The
Agency is now examining the LDR
program, exploring past
accomplishments, current issues, and
-------
65124
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Prerule Stage
future possibilities. The goals of the
examination are to make the LDR
program cheaper, smarter, cleaner, and
more flexible. The Agency will develop
an Advance Notice of Proposed
Rulemaking (ANPRM) to present initial
thinking and the results of some
activities taken as part of the ongoing
LDR Reinvention Project so that the
public will have an opportunity to
comment. A proposed and final rule
will follow.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
01/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4093
Sectors Affected: 325 Chemical
Manufacturing; 331 Primary Metal
Manufacturing; 2122 Metal Ore Mining;
32411 Petroleum Refineries
Agency Contact: Josh Lewis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-7877
Fax: 703 308-8433
Email: lewis.josh@epa.gov
RIN: 2050-AE53
3623. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: The Agency is reviewing and
evaluating the technology of leachate
recirculation in municipal solid waste
landfills (MSWLFs). If sufficient data is
found to justify a change in the
regulations, we will propose to revise
the regulations to allow leachate
recirculation in units constructed with
alternative liner designs resulting in a
significant cost savings to some
facilities.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
02/00/00
02/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 423
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Deborah Hanlon,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@.epa.gov
RIN: 2050-AE67
3624. • CRITERIA FOR MUNICIPAL
SOLID WASTE LANDFILLS (SECTION
610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: The Agency promulgated the
Solid Waste Disposal Facility Criteria;
Final Rule on October 9, 1991 (56 FR
50978). These Criteria established new
national minimum standards for
municipal solid waste landfills
(MSWLFs). The rule provides
considerable flexibility for all MSWLFs
and contains a special exemption from
the criteria's design and groundwater
monitoring requirements for owners
and operators of certain small MSWLF
units. Small MSWLFs are defined as
units that dispose of less than twenty
(20) tons of municipal solid waste
daily.
The small landfill exemption in Part
258 was originally invalidated by the
United States Court of Appeals for the
District of Columbia Circuit. However,
in enacting the Land Disposal Program
Flexibility Act of 1996 (LDPFA),
Congress gave the statutory mandate for
the exemption. The LDPFA reinstated
the exemption from groundwater
monitoring for qualifying small
MSWLFs and EPA codified this
requirement on September 25, 1996 (61
FR 50410). The LDPFA also directed
the Agency to provide additional
flexibility to small MSWLFs in the form
of the minimum frequency of daily
cover, the minimum frequency of
monitoring for methane in landfill gas,
and the infiltration barriers in the final
cover. These requirements were
codified on July 29, 1997 (62 FR
40708),
EPA delayed the effective date for
compliance with the Financial
Assurance requirements of the MSWLF
rules until April 10, 1998 by a series
of regulatory actions. The delayed
effective date allowed EPA to codify
the provisions from the LDPFA and to
finalize new options for Financial
Assurance tailored for local
governments (61 FR 60328, November
27, 1996) and for Corporate Owners
and Operators (63 FR 17706, April 10,
1998).
This new entry in the regulatory agenda
announces that EPA will review the
Part 258 regulations pursuant to section
610 of the Regulatory Flexibility Act (5
USC 610). EPA solicits comments on
the following factors; (1) the continued
need for the rule, (2) the nature of
complaints or comments received
concerning the rule from the public
since promulgation; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates or conflicts
with other Federal rules, and, to the
extent feasible, with State and local
governmental rules; and (5) the length
of time since the rule has been
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule.
It is the Agency's view that there is
a continued need for the rule; however,
the Agency welcomes suggestions for
reducing any unnecessary burden on
small entities resulting from these
rules. As detailed above, the Agency
has made continuing efforts to
minimize the burden on the owners
and operators of small MSWLFs. This
review is a major component in further
improvements and, if possible, further
reductions in burden. EPA will also
welcome comments on any other aspect
of the rule.
Timetable:
Action
Date
FR Cite
Begin Review
11/00/99
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65125
EPA—Resource Conservation and Recovery Act (RCRA)
Prerule Stage
Action
Date
FR Cite
End Comment Time 03/00/00
End Review 10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4350
ADDRESSES: Commenters must send
an original and two copies of their
comments referencing docket number
F-1999-MLFN-FFFFF to : RCRA Docket
Information Center, Office of Solid
Waste (5305G), U.S. Environmental
Protection Agency Headquarters
(EPA.HQ), 401 M Street, SW,
Washington, DC 20460. Hand deliveries
of comments should be made to the
Arlington, VA, address listed below.
Comments may also be submitted
electronically to: rcra-docket@epa.gov.
Comments in electronic format should
also be identified by the docket number
F-1999-MLFN-FFFFF. All electronic
comments must be submitted as an
ASCII file avoiding the use of special
characters and any form of encryption.
Commenters should not submit
electronically any confidential business
information (CBI). An original and two
copies of CBI must be submitted under
separate cover to: RCRA CBI Document
Control Officer, Office of Solid Waste
(5305W), U.S. EPA, 401 M Street, SW,
Washington, DC 20460.
Public comments will be available for
viewing in the RCRA Information
Center (RIC), located at Crystal Gateway
I, First Floor, 1235 Jefferson Davis
Highway, Arlington, VA. The RIC is
open from 9 a.m. to 4 p.m., Monday
through Friday, excluding federal
holidays. To review docket materials,
it is recommended that the public make
an appointment by calling 703-603-
9230. The public may copy a maximum
of 100 pages from any regulatory docket
at no charge. Additional copies cost
$0.15/page. For information on
accessing paper and/or electronic
copies of the document, see the
Supplementary Information section.
For Further Information Contact: For
general information, contact the RCRA
Hotline at 800 424-9346 or TDD 800
553-7672 (hearing impaired). In the
Washington, DC, metropolitan area, call
703 412-9810 or TDD 703 412-3323.
For information on specific aspects of
this notice, contact Dwight Hlustick,
Office of Solid Waste (5306W), U.S.
Environmental Protection Agency, 401
M Street, SW, Washington, DC 20460,
703-308-8647,
[hlustick.dwight@epa.gov]
Supplementary Information: The fact
sheet is available in electronic format
on the Internet at
http://www.epa.gov/epaoswer/non-
hw/muncpl/landfill.htm>
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2050-AE75
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3625. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Regulatory Plan: This entry is Seq. No.
113 in Part II of this issue of the
Federal Register.
RIN: 2050-AE07
3626. HAZARDOUS WASTE MANIFEST
REGULATION
Regulatory Plan: This entry is Seq. No.
114 in Part II of this issue of the
Federal Register.
RIN: 2050-AE21
3627. REMOVAL OF REQUIREMENT
TO USE SW-846 METHODS (TEST
METHODS FOR EVALUATING SOLID
WASTE: PHYSICAL/CHEMICAL
METHODS)
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will eliminate
existing text in the CFR.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934 to 6939; 42 USC
6974; 42 USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 258; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270; 40 CFR 279
Legal Deadline: None
Abstract: The EPA Office of Solid
Waste (OSW) has been actively working
to break down the barriers that the
environmental monitoring community
faces when trying to use new
monitoring techniques. As a first step,
OSW has accelerated its review process
for new methods by eliminating several
unnecessary internal review steps, and
by streamlining the internal approval
process for each new method. However,
there are currently 32 citations in title
40 of the Code of Federal Regulations
(CFR) where the use of SW-846
methods is required. As a second step
for speeding up the approval process,
OSW plans to remove the requirements
to use SW-846 methods for other than
method defined parameters (i.e., where
the method defines the regulations,
such as the Toxicity Characteristic
Leaching Procedure) from 40 CFR. This
will likely lead to an even more
streamlined approval process since SW-
846 will then be able to be handled
strictly as guidance and not need the
regulatory process for approval. This
additional streamlining will permit
new, more cost-effective methods to
attain public and regulatory authority
acceptance in much less time, allowing
required monitoring to be done more
cheaply, faster and, in some cases,
more accurately.
Timetable:
Action
Date
FR Cite
NPRM 12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 398
Agency Contact: Barry Lesnik,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0476
-------
65126
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Fax: 703308-0511
Email: lesnik.barry@epa.gov
RIN: 2050-AE41
3628. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Regulatory Plan: This entry is Seq. No.
115 in Part II of this issue of the
Federal Register.
RIN: 2050-AE44
3629. HAZARDOUS WASTE STORAGE
AND DISPOSAL REGULATION
RELATED TO LOW LEVEL MIXED
WASTE; PROPOSED MODIFICATIONS
Regulatory Plan: This entry is Seq. No.
116 in Part II of this issue of the
Federal Register.
RIN: 2050-AE45
3630. IDENTIFICATION AND LISTING
OF HAZARDOUS WASTE; INORGANIC
CHEMICAL INDUSTRY WASTES; AND
CERCLA HAZARDOUS SUBSTANCE
DESIGNATION AND REPORTABLE
QUANTITIES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 6901 to
6992 (k)
CFR Citation: 40 CFR 261; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial,
August 30, 2000.
Final, Judicial, October 31, 2001.
Abstract: EPA, under an Environmental
Defense Fund settlement agreement,
will amend, if necessary, the
regulations for hazardous waste
management under the Resource
Conservation and Recovery Act (RCRA)
to reduce hazards to human health and
the environment from inorganic
chemical industry wastes. The wastes
covered under this listing document
include: sodium dichromate production
wastes, wastes from the dry process for
manufacturing phosphoric acid,
phosphorus trichloride production
wastes, phosphorus pentasulfide
production wastes, wastes from the
production of sodium phosphate from
wet process phosphoric acid, sodium
chlorate production wastes, antimony
oxide production wastes, cadmium
pigments production wastes, barium
carbonate production wastes, potassium
dichromate production wastes, phenyl
mercuric acetate production wastes,
boric acid production wastes, inorganic
hydrogen cyanide production wastes,
and titanium dioxide production wastes
(except for chloride process waste
solids). This action is proposed under
the authority of sections 3001(e)(2) of
RCRA which directs EPA to make a
hazardous waste listing determination
for inorganic chemical wastes. After an
extensive study of the waste streams of
the above chemical industry processes,
including characterization of the wastes
generated and a risk assessment
evaluating plausible mismanagement
scenarios, EPA will propose which of
the above wastes, if any, should be
listed as a hazardous waste under 40
CFR part 261.
Timetable:
Action
NPRM
Final Action
Date
08/00/00
10/00/01
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4083
Sectors Affected: 32518 Other Basic
Inorganic Chemical Manufacturing;
325131 Inorganic Dye and Pigment
Manufacturing; 325312 Phosphatic
Fertilizer Manufacturing; 31611 Leather
and Hide Tanning and Finishing; 313
Textile Mills; 325611 Soap and Other
Detergent Manufacturing
Agency Contact: Gwen DiPietro,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
Max Diaz, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-0439
Fax: 703 308-0522
Email: diaz.max@epa.gov
RIN: 2050-AE49
3631. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH SOLVENT-
CONTAMINATED SHOP TOWELS AND
WIPERS
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261; 40 CFR 268
Legal Deadline: None
Abstract: This action would modify
RCRA rules that impact the
management of solvent-contaminated
shop towels and wipes. Solvent-
contaminated shop towels and wipes
are used throughout industry for
equipment cleaning and other related
facility operations. The spent shop
towels and wipes can be hazardous
wastes when the solvent used is either
a characteristic or listed solvent. An
examination of industry use and
management practices reveals that
many facilities may use only small
amounts of solvent on their disposable
wipes, and use small numbers of wipes
daily — suggesting that these materials
may sometimes pose little or no risk
to human health and the environment
if disposed in municipal landfills.
Similarly, situations exist where both
disposable wipes and reusable shop
towels are not being managed according
to prescribed Federal and States' rules
and policies. Problems with this issue
have persisted since the late 1980s.
Timetable:
Action
Date FR Cite
NPRM
07/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4091
Sectors Affected: 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 332
Fabricated Metal Product
Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 441
Motor Vehicle and Parts Dealers; 811
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65127
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Repair and Maintenance; 812 Personal
and Laundry Services
Agency Contact: Jim O'Leary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
RIN: 2050-AE51
3632. GLASS-TO-GLASS RECYCLING
OF CATHODE RAY TUBES (CRTS):
CHANGES TO HAZARDOUS WASTE
REGULATIONS
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action will revise the
existing Federal hazardous waste
regulations to remove unnecessary
regulatory barriers to glass-to-glass
recycling of Cathode Ray Tubes (CRTs).
A CRT is the main component of a
television or computer monitor. A CRT
is made largely of specialized glasses,
some of which contain lead to protect
the user from X-rays inside the CRT.
Due to the lead, when they are
disposed of or reclaimed, some CRTs
are hazardous wastes under the Federal
Resource Conservation and Recovery
Act (RCRA) regulations. Glass-to-glass
recycling involves the return of used
CRT glass to manufacturing of new
CRTs.
This action is planned in response to
a June 9, 1998 recommendation on CRT
recycling from the Common Sense
Initiative (CSI) Council to the
Environmental Protection Agency
(EPA). CSI is a consensus-based process
for developing cleaner, cheaper, smarter
environmental improvements that
includes representatives of: industry;
environmental groups; community
groups; environmental justice groups;
labor; and, Federal, State, local, and
tribal governments. The
recommendation involves minimizing
RCRA requirements for glass-to-glass
recycling while retaining appropriate
controls to ensure protection of human
health and the environment. The goal
of the recommendation is to facilitate
an increase in glass-to-glass recycling,
thereby minimizing disposal of lead,
increasing resource recovery, and
enhancing protection of human health
and the environment.
Timetable:
Action
Date FR Cite
NPRM 04/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4092
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Javier Garcia,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-2628
Fax: 703 308-0514
Email: garcia.javiera@.epa.gov
RIN: 2050-AE52
3633. LAND DISPOSAL
RESTRICTIONS; POTENTIAL
REVISIONS FOR MERCURY LISTED
AND CHARACTERISTIC WASTES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: The data and information
gathered by the Advance Notice of
Proposed Rulemaking (ANPRM) process
are being used to provide the bases of
the proposed revised treatment
standards for some forms of mercury
hazardous wastes in this Notice of
Proposed Rulemaking (NPRM). The
ANPRM solicited data and comments
on treatment data that the Agency has
gathered on the treatment of mercury
wastes. Some forms of mercury wastes
are now required to be treated by either
incineration or retorting. Both of these
forms of treatment have the potential
to emit mercury via air emissions. Also,
some information suggests that certain
waste types which are required to be
retorted are not amenable to that form
of treatment. Information on mercury
treatment alternatives, especially
stabilization, has been requested. There
also is a shrinking demand for mercury,
which brings up concerns about
requiring recovery of mercury wastes.
Timetable:
Action
Date
FR Cite
ANPRM 05/28/99 64 FR 28949
NPRM 05/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4094
Sectors Affected: 3353 Electrical
Equipment Manufacturing; 325181
Alkalies and Chlorine Manufacturing;
32551 Paint and Coating
Manufacturing; 3254 Pharmaceutical
and Medicine Manufacturing
Agency Contact: Mary Cunningham,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8466
Email: cunningham.mary@epa.gov
RIN: 2050-AE54
3634. RCRA APPENDIX VIII
STREAMLINING
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action will propose to
modify the list of chemicals found in
Appendix VIII of 40 CFR part 261 by:
(1) rearranging the Appendix into
groups of chemicals according to their
frequency of expected occurrence in
wastes; (2) clarifying ambiguous entries
currently on the Appendix such as
those marked not otherwise specified;
and (3) deleting those chemicals for
which the risk from potential exposure
is considered to be minimal.
Timetable:
Action
Date
FR Cite
NPRM
09/00/00
-------
65128
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4
Agency Contact: Monica A. Barron,
Dr., Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0483
Fax: 703 308-0509
Email: barron.monica@epa.gov
BIN: 2050-AE55
3635. LAND DISPOSAL
RESTRICTIONS; TREATMENT
STANDARDS FOR SPENT POTLINERS
FROM PRIMARY ALUMINUM
REDUCTION (K088)
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6905; 42 USC
6912(a): 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: K088 wastes contain, among
other hazardous constituents of
concern, significant amounts of cyanide
and fluoride. Unless the fluoride is
immobilized or recovery and the
cyanide is destroyed there is significant
potential to contaminate surface water
and groundwater. Treatment standards
based on the best demonstrated
available technology (vitrification) are
necessary to substantially diminish the
toxicity of the waste and the likelihood
of the constituents migrating.
On September 21, 1998, the Agency
promulgated interim treatment
standards for spent potliners from
primary aluminum reduction (EPA
hazardous waste K088). In this rule, the
Agency committed to establishing final
treatment standards within the next
two years. The Agency needs to gather
data, review treatment technologies and
develop treatment standards for arsenic
and fluoride based on this new
analysis. In addition, the Agency must
evaluate alternative treatment
technologies for the thermal destruction
of K088. In particular, the Agency will
assess the effectiveness of vitrification
on K088 waste. Vitrification treatment
enables K088 to be treated while
generating a product from the vitrified
K088. EPA, however, needs to
determine whether control technologies
are appropriate for the vitrification
units.
Timetable:
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
Final Action
12/00/99
12/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4233
Sectors Affected: 3334 Ventilation,
Heating, Air-Conditioning and
Commercial Refrigeration Equipment
Manufacturing
Agency Contact: Nick Vizzone,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8460
Fax: 703 308-8433
Email: vizzone.nick@epa.gov
John Austin, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-0436
Fax: 703 308-8433
Email: austin.john@epa.gov
RIN: 2050-AE65
3636. REVISIONS TO GUIDELINES
FOR THE STORAGE AND
COLLECTION OF RESIDENTIAL,
COMMERCIAL, AND INSTITUTIONAL
SOLID WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912;42 USC 6944
CFR Citation: 40 CFR 243
Legal Deadline: None
Abstract: EPA promulgated Guidelines
for the Storage and Collection of
Residential, Commercial, and
Institutional Solid Waste in 1976.
These guidelines referenced safety
standards that are now obsolete. The
Agency was petitioned to incorporate
current safety standards. Two sections
are revised. The revisions amend the
requirements for waste containers used
for the storage of both solid waste and
materials that have been separated for
the purpose of recycling. The safety
requirements for mobile equipment and
stationary compactors are revised.
NPRM
Direct Final Rule
12/00/99
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 422
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE66
3637. • ALTERNATIVE LAND
DISPOSAL RESTRICTIONS
TREATMENT STANDARDS FOR
CONTAMINATED SOILS, DEFERRAL
OF PCB'S AS AN UNDERLYING
HAZARDOUS CONSTITUENT IN SOIL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6924 (G)(4)(M)
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: EPA is proposing to
temporarily defer applicability of a
portion of the rule applying Land
Disposal Restrictions under the
Resource Conservation and Recovery
Act (RCRA) to underlying hazardous
constituents in soils contaminated with
certain hazardous constituent.
Specifically, EPA is proposing to
temporarily defer the requirement that
polychlorinated biphenyls (PCBs) be
considered an underlying hazardous
constituent when present in soils
which either exhibit the Toxicity
Characteristic for metals, or contain a
hazardous waste that is listed due to
metal content.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65129
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
11/00/99
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 436
Agency Contact: Ernie Brown,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8608
Fax: 703 308-8638
Email: brown.ernie@epa.gov
RIN: 2050-AE76
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3638. CORRECTIVE ACTION FOR
SOLID WASTE MANAGEMENT UNITS
(SWMUS) AT HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Economically Significant.
Major under 5 USC 801.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6924 RCRA
sec 3004(u); 42 USC 6924 RCRA sec
3004 (v)
CFR Citation: 40 CFR 264; 40 CFR 270
Legal Deadline: None
Abstract: Past and present waste
management practices at Resource
Conservation and Recovery Act (RCRA)
treatment, storage or disposal facilities
have resulted in releases of hazardous
constituents from some waste
management units. These releases may
cause contamination of soils,
groundwater, surface water, and air.
This regulation provides a framework
for investigating and remediating
releases at RCRA facilities as necessary
to protect human health and the
environment.
The Agency has issued the corrective
action regulations in several phases. A
proposal for corrective action at RCRA
facilities was issued in July 1990. In
February 1993, regulations concerning
Corrective Action Management Units
(CAMU) and Temporary Units were
issued. An advance notice of proposed
rulemaking (ANPRM) was published on
May 1, 1996. The final phase would
have included assessing comments on
the ANPRM, and striking the
appropriate balance between finalizing
certain provisions of the July 1990
proposal and issuing guidance for the
corrective action program. However, the
Agency plans no further action on this
effort.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule (Phase 1)
ANPRM
Notice Published
Partial Withdrawal
of Proposed
Rulemaking
Final Action
07/27/90 55 FR 30798
02/16/93 58 FR 8658
05/01/96 61 FR 19432
10/07/99 64 FR 54604
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 23
Agency Contact: Barbara Foster,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-7057
Fax: 703 308-8638
Email: foster.barbara@epa.gov
RIN: 2050-AB80
3639. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6924 RCRA sec
3004; 42 USC 6925 RCRA sec 3005; 42
USC 6926 RCRA sec 3006
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: The revised financial
responsibility test is intended to
improve the current test in predicting
which firms will enter bankruptcy and
not be able to cover their financial
obligations for liability and closure
costs of hazardous waste treatment,
storage and disposal facilities. A
bankrupt firm may be unable to afford
the proper closure of a facility which
would require the government to incur
response costs at the facility. The rule
would also qualify owners and
operators of RCRA Treatment, Storage,
and Disposal Facilities which must
currently use more expensive ways,
such as surety bonds or letters of credit,
of demonstrating financial assurance, to
use the less expensive corporate
financial responsibility test for more of
their obligations. The combined savings
from screening out riskier firms and
making the test more available to viable
firms would be approximately $19
million annually in public and private
costs. These regulatory amendments
would have no effect on local or tribal
governments.
Timetable:
Action
Date FR Cite
NPRM
NPRM
Notice Notice of Data
Availability
Final Action
07/01/91 56 FR 30201
10/12/94 59 FR 51523
02/00/00
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 2647
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8638
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
-------
65130
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3640. LISTING DETERMINATION OF
WASTES GENERATED DURING THE
MANUFACTURE OF AZO,
ANTHRAQUINONE, AND
TRIARYLMETHANE DYES AND
PIGMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 261; 40 CFR 264;
40 CFR 265; 40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial, June
30, 1999, Dyes II (deferred wastes): met
deadline.
Final, Judicial, June 30, 2000, Dyes I
5/1/00; Dyes II 6/30/00.
Other, Judicial, December 12, 1999,
Dyes I Notice of Data Availability.
Abstract: This action addresses the
potential human health and
environmental risks posed by wastes
from the manufacture of dyes and
pigments, and determines whether
these wastes should be listed as
hazardous wastes under RCRA to
control any potentially unacceptable
risks. If listed under RCRA, these
wastes would also be added to the
CERCLA list of hazardous substances.
This action will be implemented by
EPA and States authorized under
RCRA. Impacts on local governments
are not expected, and small business
impacts are undetermined at this time.
EPA proposed listing decisions for most
wastes in 1994 (Dyes-I), and deferred
decisions on several others. Two
deferred waste streams (filter aids,
triarylmethane, and sludges) are subject
to separate deadlines for proposed and
final action (Dyes II rulemaking). The
Dyes II NPRM was published on July
23, 1999. The rule proposed in 1994
was incomplete because it did not
contain information confidential by
industry. Therefore, a NODA will be
necessary, when EPA is able to release
an adequate record. The deadlines are
based on recent settlement discussions
with plaintiffs in EDF v. Browner, Civil
Action No. 89-0598 D.D.C.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM Dyes I
NPRM Dyes II
(deferred wastes)
Notice Dyes I (Notice 12/00/99
of Data Availability)
Final Action Dyes I 05/00/00
12/22/94 59 FR 66072
07/23/99 64 FR 40192
Final Action Dyes 11 06/00/00
(deferred wastes)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3066
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8462
Fax: 703 308-0514
Email: slotnick.sue@epa.gov
Narendra Chaudhari, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-0454
RIN: 2050-AD80
3641. CHLORINATED ALIPHATICS
LISTING DETERMINATION
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 261; 40 CFR 264;
40 CFR 265; 40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial, July
31, 1999.
Final, Judicial, September 30, 2000.
Abstract: This action addresses the
potential risks posed by wastes from
the production of chlorinated
aliphatics, and determines whether
these wastes should be listed as
hazardous wastes under RCRA to
control any potentially unacceptable
risks. Any wastes newly listed as
hazardous also will be added to the
CERCLA list of hazardous substances.
This action will be implemented by
EPA and States authorized under
RCRA. Impacts on local governments
are not expected, and small business
impacts are undetermined.
Timetable:
Action
Date
FR Cite
NPRM 08/25/99 64 FR 46475
Final Action 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3151
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 308-0514
Email: elliott.ross@epa.gov
RIN: 2050-AD85
3642. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912 (a) RCRA
sec 6002 (e)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register
which designate items that are or can
be made with recovered materials and
to issue recommendations for
government procurement of these
items. Once designated, procuring
agencies are required to purchase these
items with the highest percentage of
recovered materials practicable.
Government procurement of EPA-
designated items containing recovered
materials fosters markets for recovered
materials and, thereby, closes the
recycling loop. To date, EPA has
designated 36 items under two
Comprehensive Procurement
Guidelines (CPG1 and CPG2) and
proposed to designate 19 more items
under CPG3. EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG which provides
recommendations on buying the
designated items. The E.O. requires
EPA to update the CPG every two
years. The new actions would (1)
finalize the designation of items and
recommendations proposed in CPG3;
(2) propose to designate new items in
CPG4; and (3) issue final item
designations in CPG4.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65131
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Timetable:
Action
Date FR Cite
Notice--Paper 06/08/98 63 FR 31214
Products Recovered
Materials Advisory
Notice
Notice--Recovered 06/08/98 63 FR 31217
Materials Advisory
Notice I Update
NPRM(CPG3and 08/26/98 63 FR 45558
RMAN 3)
Final Action (CPG3 11 /00/99
and RMAN 3)
NPRM (CPG4 and 03/00/00
RMAN 4)
Final Action (CPG4 12/00/00
and RMAN 4)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3545
Agency Contact: Terry Grist,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7257
Fax: 703 308-7257
Email: grist.terry@epa.gov
RIN: 2050-AE23
3643. REVIEW OF TOXICITY
CHARACTERISTIC LEVEL FOR
SILVER UNDER THE RESOURCE
CONSERVATION RECOVERY ACT
(RCRA)
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6938
CFR Citation: 40 CFR 261; 40 CFR 268
Legal Deadline: None
Abstract: This action is a technical
review of the possible risks associated
with management of silver-bearing
wastes and economic impacts of this
regulation, which is being conducted in
response to petitions submitted to the
Agency to re-assess the toxicity
characteristic level for silver. EPA will
address all potential pathways for risks
from silver-bearing wastes, including
possible ecological effects.
Silver is on the toxicity characteristic
list because it was a regulated drinking
water contaminant. In January 1991, the
Agency deleted the primary drinking
water maximum contaminant level
(MCL) for silver based on consideration
that the major effect is cosmetic and
that silver is unlikely to occur in
drinking water supplies. The
petitioners, users of silver materials and
silver waste generators, requested the
Agency to re-evaluate the basis for
silver's inclusion in the TC.
The Agency believes that before a
decision can be made to delete or
modify the toxicity characteristic level
for silver, a more complete assessment
of risks posed by management of silver-
bearing wastes must be conducted.
Timetable:
Action
Date FR Cite
Initial Study Complete 06/30/97
Peer Review 10/30/98
Complete
Final Study Complete 06/30/99
Final Action Under 04/00/00
Final Study
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3886
Agency Contact: Jan Young,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-1568
Fax: 703308-0511
Email: young.jan@epa.gov
Ingrid Rosencrantz, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5307W,
Washington, DC 20460
Phone: 703 605-0709
Fax: 703 308-0511
Email: rosencrantz.ingrid@epa.gov
RIN: 2050-AE37
3644. RECYCLED USED OIL
CONTAINING PCBS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9601; 42 USC
9614(c); 42 USC 6905; 42 USC 6912(a);
42 USC 6921 to 6927; 42 USC 6930;
42 USC 6934; 42 USC 6974
CFR Citation: 40 CFR 261; 40 CFR 279
Legal Deadline: None
Abstract: The direct final rule,
published May 6, 1998, eliminates
errors and clarifies ambiguities in the
used oil management standards.
Specifically, the rule clarifies (1) when
used oil contaminated with
polychlorinated biphenyls (PCBs) is
regulated under the used oil
management standards and when it is
not, (2) that the requirements
applicable to releases of used oil apply
in States that are not authorized for the
RCRA base program, (3) that mixtures
of conditionally exempt small quantity
generator (CESQG) wastes and used oil
are subject to the used oil management
standards irrespective of how that
mixture is to be recycled, and (4) that
the initial marketer of used oil that
meets the used oil fuel specification
need only keep a record of a shipment
of used oil to the facility to which the
initial marketer delivers the used oil.
This rule also amends three incorrect
references to the pre-1992 used oil
specifications in the provisions which
address hazardous waste fuel produced
from, or oil reclaimed from, oil bearing
hazardous wastes from petroleum
refining operations.
EPA received relevant adverse
comments on three of the amendments
included in the May 6, 1998 direct final
rule: the amendments to 40 CFR
261.5(j) (mixtures of conditionally
exempt small quantity generator waste
and used oil), 40 CFR 279.10(i)
(applicability of the used oil
management standards to used oil
contaminated with polychlorinated
biphenyls (PCBs)), and 40 CFR
279.74(b) (recordkeeping requirements
for marketers of used oil that meets the
used oil fuel specification). On July 14,
1998, the Agency removed these three
amendments and reinstated the
regulatory text that existed prior to the
May 6, 1998 direct final rule. EPA will
promulgate a final rule addressing the
comments received and finalizing the
three amendments, as appropriate.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/06/98 63 FR 24963
NPRM 05/06/98 63 FR 25006
Removal (removal of 3 07/14/98 63 FR 37780
amendments)
Final Action 01/00/00
-------
65132
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4088
Agency Contact: Tom Rinehart,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-4309
Fax: 703308-0514
Email: rinehart.tom@epa.gov
RIN: 2050-AE47
3645.180-DAY ACCUMULATION TIME
UNDER RCRA FOR GENERATORS OF
F006 WASTE WATER TREATMENT
SLUDGES FROM THE METAL
FINISHING INDUSTRY
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: EPA is preparing to to take
final action on its proposal to allow
generators of F006 waste (sludges from
the treatment of electroplating
wastewaters) up to 180 days (or up to
270 days, if applicable) to accumulate
F006 waste without a RCRA permit or
interim status, provided that F006
waste generators: 1) recycle the F006
waste by metals recovery, 2)
accumulate no more than 16,000
kilograms of F006 waste at any one
time, 3) have implemented pollution
prevention practices that reduce the
volume or toxicity of the F006 waste
or that make it more amenable for
metals recovery, and 4) comply with
the applicable management standards.
EPA believes that the 180-day
accumulation time would minimize
economic barriers to recycling of F006
waste through metals recovery, thus
providing generators of F006 waste
with an incentive to choose metals
recovery over treatment and land
disposal as their waste management
option for F006 waste. This action is
part of the Agency's efforts under the
Common Sense Initiative (CSI) for the
Metal Finishing Industry to identify
and to implement cleaner, cheaper, and
smarter opportunities for environmental
protection.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/01/99 64 FR 4818
02/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4178
Agency Contact: Chip Vitarelli,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8286
Fax: 703 308-0514
Email: vitarelli.chip@epa.gov
RIN: 2050-AE60
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3646. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGETANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 RCRA
sec 3001
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/12/93 58 FR 8504
12/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 318
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703 603-9900
Fax: 202 260-9163
Email: ng.sammy@epa.gov
RIN: 2050-AD69
3647. REVISED STANDARDS FOR
HAZARDOUS WASTE COMBUSTION
FACILITIES
Priority: Other Significant
Legal Authority. 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: NPRM, Judicial,
January 31, 2001.
Abstract: Under the Clean Air Act
(CAA) Amendments of 1990, EPA is
required to establish National Emission
Standards for Hazardous Air Pollutants
(NESHAPs) for most hazardous waste
combustors (HWCs) (i.e., incinerators,
cement kilns, boilers, and some types
of smelting furnaces). In addition,
under the Resource Conservation and
Recovery Act (RCRA), EPA is required
to establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
EPA is concerned that its current RCRA
standards for HWCs may not be
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65133
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
adequately protective given that the
standards do not take into account
indirect pathways of exposure and that
there have been advances both in risk
assessment and control technologies
since promulgation of the current
standards.
Consequently, the Agency established
new emissions standards for HWCs for
cement kilns, LWAKs and incenerators
under joint CAA and RCRA authority.
This will avoid duplicative Agency
effort and piecemeal regulation of the
hazardous waste combustion industry.
The Agency is in the process of
developing a proposal to address
boilers and other industrial furnaces.
Timetable:
Action
Date FR Cite
NPRM Cement Kilns & 04/19/96 61 FR 17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasttrack
Final Action Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM Boilers & Other 01/00/01
Industrial Furnaces
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 3333
Agency Contact: David Hockey,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8846
Fax: 703 308-8433
Email: hockey.david@epa.gov
RIN: 2050-AE01
3648. HAZARDOUS WASTE
MANAGEMENT SYSTEM: SLAG
RESIDUES DERIVED FROM HIGH
TEMPERATURE METALS RECOVERY
(HTMR) TREATMENT OF KO61, KO62
AND F0006 WASTES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905 RCRA
sec 2002; 42 USC 6921; 42 USC 6922;
42 USC 6924; 42 USC 6934; 42 USC
6938; 42 USC 6912(a) RCRA sec
2002(a); 42 USC 6922 RCRA sec 3002;
42 USC 6924 RCRA sec 3004
CFR Citation: 40 CFR 261; 40 CFR 266
Legal Deadline: None
Abstract: EPA assessed the potential
risks to human health and the
environment from the use of slag
residues (slags) resulting from high
temperature metals recovery (HTMR)
treatment of specified hazardous wastes
(i.e., electric arc furnace dust, steel
finishing pickle liquor, and
electroplating sludges). This assessment
was used as a basis for the proposed
rule to reclassify these slags as
nonhazardous when they meet certain
exclusion levels and are managed and
used in a certain manner. EPA needs
to reevaluate the proposed rule due to
significant issues raised by public
commenters. There is currently no
deadline for final action on the
proposed rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/29/94 59 FR 67256
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3428
Agency Contact: Narendra Chaudhari,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0454
Fax: 703308-0514
Email: chaudhari.narendra@epa.gov
RIN: 2050-AE15
3649. HAZARDOUS WASTE
IDENTIFICATION; RECYCLED USED
OIL MANAGEMENT STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9601; 42 USC
9614(c); 42 USC 6905; 42 USC 6912(a);
42 USC 6921 to 6927; 42 USC 6930;
42 USC 6934; 42 USC 6974
CFR Citation: 40 CFR 279
Legal Deadline: None
Abstract: EPA is reviewing whether the
provision of the used oil management
standards which governs mixtures of
recycled used oil and characteristic
hazardous waste, 40 CFR 279.10(b)(2)
(the used oil mixture rule), is consistent
with the United States Court of Appeals
for the District of Columbia Circuit's
decision in Chemical Waste
Management, Inc. v. EPA. The decision,
which concerned a challenge to
portions of EPA's land disposal
restrictions, held that EPA could not
authorize certain wastes exhibiting the
hazardous characteristics of ignitability,
reactivity, or corrosivity to be diluted
to eliminate the characteristic and then
be land-disposed unless the hazardous
constituents in the waste were
adequately treated to minimize threats
to human health and the environment.
The used oil mixture rule provides that
a mixture of hazardous waste and used
oil destined for recycling, if the mixture
is hazardous solely because it exhibits
a hazardous waste characteristic, is
regulated under the used oil
management standards. Under the used
oil mixture rule, such a decharacterized
mixture, therefore, is not subject to the
hazardous waste regulations, including
those relating to land disposal
restrictions. Further analysis is
necessary to determine whether
mixtures of used oil destined for
recycling and characteristic hazardous
wastes differ significantly from other
mixtures containing characteristic
wastes in terms of potential threat to
human health and the environment.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3668
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0046
Fax: 703 308-0514
Email: svizzero.mike@epa.gov
RIN: 2050-AE28
3650. PAINT MANUFACTURING
WASTES LISTING: HAZARDOUS
WASTE MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
-------
65134
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6926; 42 USC 6938; 42 USC
9602; 42 USC 9603; 42 USC 9604; 33
USC 1321; 33 USC 1361
CFR Citation: 40 CFR 261; 40 CFR 271;
40 CFR 302
Legal Deadline: NPRM, Judicial,
January 28, 2001.
NPRM, Statutory, February 8, 1986.
Final, Judicial, March 30, 2002.
Abstract: This action addresses the
potential risks posed by wastes from
the production of paints, and
determines whether these wastes
should be listed as hazardous under
RCRA to control any potentially
unacceptable risks. Any new wastes
listed as hazardous will also be added
to the CERCLA list of hazardous
substances. This action will be
implemented by EPA and States
authorized under RCRA. Impacts on
local governments are not expected,
and small business impacts are
undetermined. Specific wastes to be
addressed are water/caustic cleaning
wastes, solvent cleaning wastes,
emission control dusts/sludges,
wastewater treatment sludges, and off-
spec product.
Timetable:
Action
NPRM
Final Action
Date
01/00/01
03/00/02
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3805
Agency Contact: David Carver,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8603
Fax: 703 308-0514
Email: carver.david@epa.gov
RIN: 2050-AE32
3651. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6921 (a) RCRA sec
3001 (a)
CFR Citation: 40 CFR 259; 40 CFR 261;
40 CFR 264; 40 CFR 266
Legal Deadline: None
Abstract: CKD is a high volume
material by-product of the cement
manufacturing process. While it
contains potentially hazardous
constituents such as lead, cadmium and
chromium, it has been exempted since
November 1980 from hazardous waste
regulation under RCRA Subtitle C by
the Bevill Amendment, which modified
Section 3001 of RCRA to exempt
certain special wastes until further
studies could be completed and any
applicable regulations were
promulgated. In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with CKD. This
was followed in January 1995 by an
EPA regulatory determination
published in the Federal Register (60
FR 7366, 2/7/95), which concluded that
additional control of CKD is warranted.
In the regulatory determination EPA
committed to develop additional
tailored regulations under RCRA
Subtitle C and, if necessary, the Clean
Air Act. As part of its regulatory
development effort, the Office of Solid
Waste within EPA's Office of Solid
Waste and Emergency Response has
initiated further studies and has held
informal discussions with stakeholders
interested in regulations under RCRA
Subtitle C for the management of CKD.
The regulations will be tailored to
protect human health and the
environment while limiting burden on
the regulated community.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/20/99 64 FR 45631
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3856
Agency Contact: William Schoenborn,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8483
Fax: 703 308-8686
Email: schoenborn.william@epa.gov
RIN: 2050-AE34
3652. MERCURY-CONTAINING AND
RECHARGEABLE BATTERY
MANAGEMENT ACT; CODIFICATION
OF WASTE MANAGEMENT
PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 14303
CFR Citation: 40 CFR 271; 40 CFR 273
Legal Deadline: None
Abstract: The purpose of this rule is
to codify into the Code of Federal
Regulations certain provisions of the
Mercury-Containing and Rechargeable
Battery Management Act that impact
the May 11, 1995 Universal Waste Rule
(40 CFR Part 273). The Act was signed
by the President on May 13, 1996 and
became immediately effective
nationwide on the date of signature.
Specifically, one provision of the law
requires the collection, storage, and
transportation of the following types of
batteries be managed according to
standards established in the Universal
Waste Rule: used rechargeable batteries,
lead-acid batteries not covered by 40
CFR part 266 or the equivalent
requirements of an approved state
program, rechargeable alkaline
batteries, certain mercury-containing
batteries banned from domestic sale,
and used consumer products containing
rechargeable batteries that are not easily
removable. The law prohibits State
imposed requirements that are not
identical to those found in the Federal
Universal Waste Rule, but allows States
to adopt and enforce identical
standards and to implement and
enforce collection, storage, and
transport requirements identical to
those included in the universal waste
rule if the standards are approved by
the EPA Administrator.
Timetable:
Action
Date FR Cite
Direct Final Rule
NPRM
12/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3888
Agency Contact: Bryan Groce,
Environmental Protection Agency,
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65135
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8750
Fax: 703 308-0522
Email: groce.bryan@epa.gov
RIN: 2050-AE39
3653. RCRA REPORTING AND
RECORDKEEPING BURDEN
REDUCTION
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: PL 104-13; 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
CFR Citation: Not Yet Determined
Legal Deadline: See Additional
Information.
Abstract: To meet the goals of the
Paperwork Reduction Act of 1995, the
Office of Solid Waste (OSW) plans to
reduce its Subtitle C reporting and
recordkeeping burden on the regulated
community, states, and the public. On
June 18, 1999, OSW published for
review and comment a Notice of Data
Availability (NODA) with our burden
reduction ideas, and their associated
burden reduction estimates. After
reviewing the comments OSW receives
on the NODA, OSW will publish a
proposed rule to implement as many
of these ideas as warranted.
Timetable:
Action
Date FR Cite
Notice 06/18/99 64 FR 32859
NPRM 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4084
Legal Deadline information: The
Paperwork Reduction Act requires
reduction of record keeping and
reporting burden by 2001.
Sectors Affected: 562 Waste
Management and Remediation Services;
325 Chemical Manufacturing; 331
Primary Metal Manufacturing; 332
Fabricated Metal Product
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 323
Printing and Related Support Activities;
324 Petroleum and Coal Products
Manufacturing; 326 Plastics and Rubber
Products Manufacturing
Agency Contact: Laurie Solomon,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8443
Fax: 703 308-8433
Email: solomon.laurie@epa.gov
Robert Burchard, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703 308-8450
Fax: 703 308-7905
Email: burchard.robert@epa.gov
RIN: 2050-AE50
3654. SUSPENSION OF TEMPORARY
TOXICITY CHARACTERISTIC RULE
FOR SPECIFIC LEAD-BASED PAINT
DEBRIS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements that
exhibits the characteristics of toxicity
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 of such
debris (e.g., doors, windows and
demolition debris) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances (OPPTS) and the Office of
Solid Waste have proposed a joint
rulemaking to address the disposal of
this debris. (See also RIN 2070-AC72
.) The final rule being prepared by
OPPTS would develop disposal and
management standards for this debris
under the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1)(B), includes disposal). The
TSCA regulations would establish
appropriate disposal and management
standards for LBP debris 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
LBP debris, which will be subject to
the new TSCA standards.
Timetable:
Action
Date FR Cite
NPRM RCRA 12/18/98 63 FR 70233
Temporary
Suspension
Final Action RCRA 11 /OO/OO
Temporary
Suspension
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4263
Sectors Affected: 23321 Single Family
Housing Construction; 23332
Commercial and Institutional Building
Construction; 23542 Drywall,
Plastering, Acoustical and Insulation
Contractors; 23561 Roofing, Siding and
Sheet Metal Contractors; 23594
Wrecking and Demolition Contractors;
23592 Glass and Glazing Contractors;
56291 Remediation Services; 23599 All
Other Special Trade Contractors; 23511
Plumbing, Heating and Air-
Conditioning Contractors; 23531
Electrical Contractors; 23552 Floor
Laying and Other Floor Contractors;
23311 Land Subdivision and Land
Development; 562111 Solid Waste
Collection; 562112 Hazardous Waste
Collection; 562119 Other Waste
Collection; 48411 General Freight
Trucking, Local; 48421 Used Household
and Office Goods Moving; 48422
Specialized Freight (except Used
Goods) Trucking, Local; 56221 Waste
Treatment and Disposal; 54138 Testing
Laboratories; 23551 Carpentry
Contractors; 48412 General Freight
Trucking, Long-Distance; 56292
Materials Recovery Facilities; 23322
Multifamily Housing Construction;
-------
65136
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
23521 Painting and Wall Covering
Contractors
Agency Contact: Rajani Joglekar,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8806
Fax: 703 308-0522
Email: joglekar.rajani@epa.gov
RIN: 2050-AE68
3655. PROPOSED REGULATORY
AMENDMENTS ON RECYCLING OF
HAZARDOUS WASTES IN
FERTILIZERS
Priority: Other Significant
Legal Authority: 42 USC 1006 et seq
CFR Citation: 40 CFR 261; 40 CFR 266;
40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: This rulemaking is intended
to revise the current RCRA regulations
that apply to recycling of hazardous
wastes in the manufacture of fertilizers.
Exemptions from RCRA standards are
currently provided for some hazardous
wastes used in this manner, while other
hazardous wastes that may be more
suitable as fertilizer ingredients are
subject to stringent regulatory
requirements that can discourage
legitimate recycling practices. This
rulemaking effort is intended to
establish a more consistent regulatory
framework for this practice, to remove
current regulatory disincentives to
legitimate recycling of hazardous
wastes in fertilizer products, and to
establish a set of standards for
contaminant concentrations in
hazardous waste-derived fertilizers that
are more appropriate to fertilizers and
which are protective of human health
and the environment.
These regulatory revisions will directly
affect companies that manufacture zinc
micronutrient fertilizers from hazardous
wastes, and is likely to benefit such
manufacturers that are small businesses
by removing regulatory disincentives to
recycling.
Timetable:
Action
Date
FR Cite
NPRM 11/00/00
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4208
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum); 32531 Fertilizer
Manufacturing; 331419 Primary
Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum);
331111 Iron and Steel Mills; 562112
Hazardous Waste Collection; 32531
Fertilizer Manufacturing
Agency Contact: Dave Pagan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5301W, Washington, DC 20460
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
Charlotte Mooney, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-7025
Fax: 703 308-0514
Email: mooney.charlotte@epa.gov
RIN: 2050-AE69
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3656. HAZARDOUS WASTE
MANAGEMENT SYSTEM;
MODIFICATION OF THE HAZARDOUS
WASTE PROGRAM; HAZARDOUS
WASTE LAMPS
Priority: Other Significant
CFR Citation: 40 CFR 273
Completed:
Reason
Date
FR Cite
NPRM
Final Action
07/27/94 59 FR 38288
07/06/99 64 FR 36451
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Marilyn Goode
Phone: 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov
Marybeth Sheridan
Phone: 703 308-4941
Fax: 703 308-0522
Email: sheridan.marybeth@epa.gov
RIN: 2050-AD93
3657. • ADEQUACY OF STATE
PERMIT PROGRAMS UNDER RCRA
SUBTITLE D
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6945 RCRA
sec 4005; 42 USC 6912 RCRA sec 2002
CFR Citation: 40 CFR 239
Legal Deadline: None
Abstract: This rule establishes criteria
and procedures for EPA to use to
determine whether State municipal
solid waste (MSW) landfill permit
programs and State permit programs
relating to non-municipal, non-
hazardous waste disposal units that
receive conditionally exempt small
quantity generator (CESQG) waste are
adequate to ensure compliance with the
Federal revised criteria in 40 CFR parts
258 and 257, subpart B, respectively.
While the Federal revised criteria apply
to all MSW landfills and non-
municipal, non-hazardous waste
disposal units receiving CESQG waste,
States with permit programs deemed
adequate under this rule can provide
some flexibility on certain requirements
to owners and operators who meet the
revised criteria's performance
standards. In providing this flexibility,
this action offers an opportunity to
reduce the regulatory burden on State
and local governments and on landfill
owners and operators.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
Direct Final Rule
NPRM
01/26/96 61 FR 2584
10/23/98 63 FR 57025
06/08/99 64 FR 30434
06/08/99 64 FR 30465
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65137
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 43
Agency Contact: Karen Rudek,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-1682
Fax: 703 308-8686
Email: rudek.karen@epa.gov
RIN: 2050-AE73
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3658. OIL POLLUTION PREVENTION
REGULATION: REVISIONS
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1321 CWA sec
311 (J)0) (C)
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: Following a major inland oil
spill with substantial environmental
impacts (i.e., Ashland Oil in Floreffe,
PA, in January 1988), an interagency
task force recommended steps to
improve EPA's oil spill prevention
program (40 CFR part 112). This
program requires oil storage facilities to
prevent and contain discharges that
could reach waters of the United States.
On October 22, 1991, the Agency
proposed revisions to implement some
of the task force recommendations and
on February 17, 1993, the Agency
proposed further clarifications and
technical changes to the spill
prevention regulations. On December 2,
1997, EPA supplemented the 1991 and
1993 proposed revisions with a
proposal to reduce burdens associated
with the oil spill prevention program
by reducing the recordkeeping
provisions or exempting some facilities
from some recordkeeping requirements.
This rule will take final action on the
1991, 1993, and 1997 proposals.
Timetable:
Action
Date
FR Cite
NPRM
NPRM
Supplemental NPRM
Final Action
10/22/91 56 FR 54612
02/17/93 58 FR 8824
12/02/97 62 FR 63812
09/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 2634
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8769
Fax: 703603-9116
Email: fleischman.hugo@epa.gov
RIN: 2050-AC62
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3659. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
Superfund (CERCLA) sec 105
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Date
FR Cite
NPRM 24
Final Action 20
03/06/98 63 FR 11340
03/06/98 63 FR 11332
Action
NPRM 25
Final Action 21
Final Action (Tex-Tin
Corp)
NPRM 26
Final Action 22
NPRM 27
Final Action 23
NPRM (Midnight Mine)
NPRM 28
NPRM (Almeda)
Final Action 24
NPRM 29
Final Action 25
NPRM 30
Final Action
NPRM
Final Action
NPRM
Final Action
Final Action
NPRM
NPRM
Final Action
Date FR Cite
07/28/98 63 FR 40247
07/28/98 63 FR 401 82
09/18/98 63 FR 49855
09/29/98 63 FR 5 1882
09/29/98 63 FR 51 848
01/19/99 64 FR 2950
01/19/99 64 FR 2942
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24990
05/10/99 64 FR 24949
07/22/99 64 FR 39886
07/22/99 64 FR 39878
10/22/99 64 FR 56992
10/22/99 64 FR 56966
01/00/00
01/00/00
04/00/00
04/00/00
07/00/00
07/00/00
10/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 343
Agency Contact: Yolanda Singer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8835
Fax: 703 603-9100
Email: singer.yolanda@epa.gov
RIN: 2050-AD75
3660. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
-------
65138
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
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) unless EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA, in this action,
will propose RQ adjustments for the
carbamates. Most RQ adjustments are
expected to be greater than one pound.
Raising the RQs for these substances
would decrease the burden on 1) the
regulated community for complying
with the reporting requirements under
CERCLA and EPCRA; 2) Federal, State,
and local authorities for program
implementation; and 3) Federal, State,
or local authorities, if they release
hazardous substances at the RQ level
or greater.
Timetable:
Action
Date
FR Cite
NPRM
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423
Agency Contact: Frank Awisato,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5202G, Washington, DC 20460
Phone: 703 603-8949
Fax: 703 603-9100
Email: awisato.frank@epa.gov
RIN: 2050-AE12
3661. COOPERATIVE AGREEMENTS
AND SUPERFUND STATE
CONTRACTS FOR SUPERFUND
RESPONSE ACTIONS; REVISION OF
40 CFR PART 35 SUBPART O
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 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
political subdivisions. 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
Cooperative Agreements to build state
infrastructure. 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 administration of
the Superfund program have occurred
over the past eight years which could
be better reflected in Subpart O. The
six categories of CAs presently used in
Subpart O could provide greater
flexibility to accommodate the new
types of CAs that have developed. For
example, the number of Block Funding
Reform pilots, begun in 1997, to
consolidate several of the cooperative
agreements offered in Subpart O, has
grown to about 16 for Fiscal Year 1998,
and has generated at least 60 approved
deviation requests from Subpart O and
40 CFR Part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements
promulgated shortly after the
promulgation of Subpart O). 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. Differences
between these two companion
regulations were not institutionalized at
the time of promulgation.
EPA plans to examine the feasibility of
grant authority, institutionalize the
combining of CA types, create more
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
CAs, and other advances in
State/Tribal/EPA interaction.
Timetable:
Action
Date
FR Cite
NPRM 09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4177
Agency Contact: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@epa.gov
Stephen Caldwell, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 308-8808
RIN: 2050-AE62
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65139
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3662. GRANTS FOR TECHNICAL
ASSISTANCE RULE REFORM—40 CFR
PART 35 SUBPART M
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 9617(e)
Superfund (CERCLA) sec 117
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: The revisions to the
Technical Assistance Grants (TAG)
Rule are intended to simplify the
application and administrative
processes. The new TAG Rule would
eliminate the requirement that budget
periods may not exceed 3 years. Budget
periods would be negotiated with TAG
applicants so that they have flexibility
to synchronize the period of time
during which the recipient anticipates
having a technical advisor involved
with the schedule of work at a site.
In addition, the new rule would
eliminate the 20 percent ceiling for
administrative costs of a grant so that
recipients do not need to differentiate
between programmatic and
administrative cost. The Agency
proposed to eliminate the distinction
between sole and multiple applicants
under the rule, since both must meet
identical criteria. The requirement that
the applicant demonstrate that there is
an actual or potential health threat
posed to group members by the site
would also be deleted since EPA
believes that there is a potential health
threat at all Superfund sites. EPA also
believes that all Superfund sites pose
potential economic and recreational
threats to adjacent communities, and
that there is no need for the applicant
to provide evidence of those threats.
Furthermore, EPA may already have
sufficient information from various
sources concerning the potential health,
economic, and recreational threats
posed by Superfund sites. The
proposed rule also included a new
provision that if finalized would allow
communities to receive cash advances
of up to $5,000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/24/99 64 FR 46233
06/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3806
Agency Contact: Lois Gartner,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8889
Fax: 703 603-9100
Email: gartner.lois@epa.gov
RIN: 2050-AE33
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3663. REPORTING EXEMPTIONS FOR
FEDERALLY PERMITTED RELEASES
OF HAZARDOUS SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 9602; 42 USC 11004
CFR Citation: 40 CFR 117; 40 CFR 302;
40 CFR 355
Legal Deadline: None
Abstract: This action would clarify the
definition of federally permitted release
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). Federally permitted releases
of hazardous substances are exempt
from CERCLA reporting and liability,
and from reporting under section 304
of the Emergency Planning and
Community Right-to-Know Act.
Timetable:
Action
Date
FR Cite
NPRM 07/19/88 53 FR 27268
Supplemental Notice 07/11/89 54 FR 29306
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2394
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
RIN: 2050-AB82
3664. STREAMLINING THE
PREAUTHORIZATION MIXED
FUNDING FOR APPLICATION AND
IMPLEMENTATION OF CLAIMS
AGAINST SUPERFUND
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 9601
CFR Citation: 40 CFR 307
Legal Deadline: None
Abstract: Current regulations at 40 CFR
part 307 provide for the
preauthorization of claims against the
Superfund in instances where the
Agency makes a determination that
mixed funding is appropriate. This
process has been labeled by many
stakeholders as overly burdensome. The
Agency has reviewed the current
process in order to identify areas in
which burdens may be lessened and
requirements may be streamlined. As a
result, the Agency is considering a
proposal to amend the current
regulation to: streamline the application
process by eliminating duplicative
information requirements; minimize the
requirements related to management,
oversight, and reporting of the cleanup,
by removing the requirement to be
guided by the Federal Acquisition
Requirements, and replacing the
requirement of maximum free and open
competition with a bright-line standard;
allow claimants to provide independent
certification of claims and supporting
documentation; streamline the actual
payment process by taking advantage of
the electronic funds transfer process;
ensure that cost recovery concerns are
addressed by requiring claimants,
within a settlement document, to
reimburse the Fund for costs not
recovered (only in the event cost
recovery is initiated), due to claimants'
failure to provide adequate
-------
65140
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
documentary support or upon a
determination that response costs
expended (and claimed) were not
reasonable or not incurred consistent
with the National Contingency Plan;
and ensure proper accounting by
requiring offsets for funds owed to the
Agency by claimants.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3885
Agency Contact: Seth Bruckner,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8766
Fax: 703 603-9100
Email: bruckner.seth@epa.gov
RIN: 2050-AE38
3665. 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
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4201
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE63
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Prerule Stage
3666. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE ORGANIC CHEMICALS,
PLASTICS AND SYNTHETIC FIBERS
CATEGORY (SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 414
Legal Deadline: None
Abstract: In November 1987, EPA
established effluent limitations
guidelines and standards for the
Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) industrial
category (52 FR 42522, November 5,
1987), under the authority of sections
301, 304, 306, 307, 308, 402, and 501
of the Clean Water Act. In 1993, EPA
issued amendments to the final rule (58
FR 36872, July 9, 1993) to respond to
the U.S. Fifth Circuit Court of Appeals'
remand decisions on the OCPSF
regulation. The 1993 amendments
resulted in little change to the number
or extent of small business impacts.
The 1987 final rule incorporated
special provisions (i.e., less stringent
regulations) to minimize the economic
impact for a subset of small plants, and
the 1993 amendments maintained those
provisions. EPA conducted a regulatory
flexibility analysis for the final rule and
concluded (for the 1987 rulemaking
and again for the 1993 amendments)
that the effluent limitations are
economically achievable for the
industry as a whole, although some
small businesses would experience a
significant economic impact. The
analysis estimated impacts in terms of
plant and product line closures and
profit and sales impacts. As reported
in the 1993 amendments, EPA
projected the following small business
impacts: for direct dischargers, EPA
projected significant impacts for 77
percent of the small plants; for indirect
dischargers, EPA projected significant
impacts for 63 percent of the small
plants.
Today's new action is a notice that EPA
will review the 1987 OCPSF regulation
pursuant to section 610 of the
Regulatory Flexibility Act (5 USC 610).
The purpose of this review is to
determine whether the OCPSF effluent
guidelines should be continued without
change, or should be amended or
rescinded, to minimize economic
impacts on small entities while still
complying with the provisions of the
Clean Water Act. EPA solicits comment
on the continued need for the rule; the
complexity of the rule; the extent to
which it overlaps, duplicates, or
conflicts with other Federal, State, or
local government rules; and the degree
to which technology, economic
conditions, or other relevant factors
have changed since the rule was
promulgated.
EPA continues to view the effluent
limitations for the OCPSF category as
a necessary component of the
comprehensive program to restore and
maintain the quality of our Nation's
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65141
EPA—Clean Water Act (CWA)
Prerule Stage
waters. EPA intends to continue to
require compliance with the regulation.
Until and unless the Agency modifies
the rule, the discharges described in 40
CFR 414.11 remain subject to the final
rule.
Timetable:
Action
Date FR Cite
Begin Review 11/00/99
End Comment Period 01/00/00
End Review 10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4364
Agency Contact: Elwood Forsht,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7190
Fax: 202 260-7185
Email: forsht.elwood@epa.gov
RIN: 2040-AD45
3667. • WATER QUALITY
STANDARDS FOR INDIAN COUNTRY
WATERS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: EPA is considering whether
to promulgate a national rule
containing core federal water quality
standards (WQS) to support tailored,
site-specific decisions for all Indian
country waters that do not have EPA-
approved Tribal standards. EPA is
contemplating this rule as a first step
towards ensuring that the core Clean
Water Act (CWA) framework for
protecting water quality is in place for
all such waters. The core federal water
quality standards would establish: use
designations consistent with CWA
section 101 (a) goals and other
provisions of the CWA; narrative water
quality criteria for protecting the
designated uses; and an antidegradation
policy designed to protect water
quality. Such standards would provide
a basis for EPA (in consultation with
a Tribe) to affect pollution discharges
occurring upstream from Tribal waters;
provide a legally enforceable basis for
including water quality based
limitations or conditions in permits or
certifications for discharges within
Indian country; and provide the basis
for EPA to establish Total Maximum
Daily Loads (TMDLs) for Indian
country waters. A federal promulgation
would not prevent Tribes from
developing their own standards.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
12/00/99
07/00/00
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal,
Federal
Additional Information: SAN No. 4344
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1542
Fax: 202 260-9830
Email: leutner.fred@epa.gov
RIN: 2040-AD46
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
366S. CLEAN WATER ACT DEFINITION
OF THE WATERS OF THE UNITED
STATES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1361 CWA sec
501; 33 USC 1362 CWA sec 502
CFR Citation: 40 CFR 232
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to amend the regulatory
definition of waters of the United States
in two respects. First, the proposal
would clarify the basis for asserting
Clean Water Act (CWA) jurisdiction
over isolated intra-state waters and
wetlands. Second, the proposal would
clarify what types of artificial waters
excavated out of dry land are generally
not considered to be subject to
jurisdiction under the CWA. The
existing regulations contain language
asserting jurisdiction over isolated
intra-state waters, but that regulatory
provision has been the subject of
litigation, and, within the confines of
the Fourth Circuit, found to be invalid
(US v. Wilson, 133 F.3d 251 (4th Cir.,
1998)). Revision of the regulatory
language is necessary to address that
decision, improve regulatory clarity,
and provide more specificity regarding
CWA jurisdiction over intra-state
isolated waters and wetlands. With
regard to artificial waters excavated out
of dry land, preambles to past
regulations have discussed what types
of such waters would be considered to
generally be non-jurisdictional for CWA
purposes, and the proposed revision
would amend the regulations in a
manner consistent with those past
statements of Agency policy. The
rulemaking would apply to entities
(e.g., industrial, commercial,
governmental) that discharge
pollutants, including dredged or fill
material, to isolated intra-state surface
waters or wetlands, or which have
created artificial waters from dry land.
Significant impacts on small entities or
state/local/tribal governments are not
anticipated, as the proposed regulatory
revisions would be consistent with
current Agency practice and policy in
carrying out CWA mandates.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 2804
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9910
Email: goodin.john@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502F,
Washington, DC 20460
-------
65142
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Phone: 202 260-9180
Email: Iishman.john2@epa.gov
RIN: 2040-AB74
3669. STANDARDS FOR THE USE OR
DISPOSAL OF SEWAGE SLUDGE
(ROUND II)
Priority: Other Significant
Legal Authority: 33 USC 1361 (a) CWA
sec 501 (a); 33 USC 1345 CWA sec 405
CFR Citation: 40 CFR 503 (Revisions)
Legal Deadline: NPRM, Judicial,
December 15, 1999.
Final, Judicial, December 15, 2001,
Pollutant list for Round II.
Abstract: Section 405 of the Clean
Water Act (CWA) requires EPA to
develop and publish regulations
providing guidelines for the use and
disposal of sewage sludge. The rules,
among other things, are to identify uses
for sewage sludge, including disposal,
and concentrations of pollutants which
interfere with such use or disposal. The
statute requires EPA to develop the
regulations in two phases and
periodically revise existing regulations.
In November 1992, EPA promulgated
regulations (58 FR 9247) for the first
round of pollutants identified in
sewage sludge. EPA is required by
consent decree to propose and
promulgate sewage sludge regulations
for a second round of pollutants before
the end of 2001. EPA currently is
considering only dioxins,
dibenzofurans and coplanar-PCBs for
regulation in the second round
regulations. These regulations will
establish requirements for sewage
sludge when the sewage sludge is
applied to the land, placed on surface
disposal sites, or fired in a sewage
sludge incinerator. The regulation may
impact Federal, State, and local
governments. The impact on small
entities, including small businesses, is
undetermined at this time.
Timetable:
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC25
3670. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES UNDER SECTION
316(B) OF THE CLEAN WATER ACT
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1316 CWA sec 306; 33
USC 1326 CWA sec 316; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 125 (New); 40
CFR 401 (Revised)
Legal Deadline: NPRM, Judicial, July
2, 1999.
Final, Judicial, August 31, 2001.
Abstract: EPA is currently developing
regulations for proposal under section
316(b) of the Clean Water Act (CWA).
This regulation will apply to the intake
of water and not the discharge. Section
316(b) provides that any standard
established pursuant to sections 301 or
306 of the Clean Water Act and
applicable to a point source shall
require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available (BTA) for
minimizing adverse environmental
impact. A primary purpose of section
316(b) is to minimize the impingement
and entrainment of fish and other
aquatic organisms by cooling water
intake structures. Impingement refers to
the trapping of fish and other aquatic
life in cooling water intake screens.
Entrainment occurs when aquatic
organisms, eggs and larvae are sucked
into the cooling system, through the
heat exchanger, and then pumped back
out.
Action
Date
FR Cite Timetable:
NPRM 12/00/99
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3488
Action
Date
FR Cite
NPRM New Facilities 10/00/00
Final Action New 05/00/02
Facilities
NPRM Existing 05/00/02
Facilities
Final Action Existing 04/00/04
Facilities
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3444
The Concent Decree required that EPA
propose regulations implementing
section 316(b) by July 2, 1999, and take
final action with respect to these
regulations by August 13, 2001.
However, EPA has moved for an order
modifying the Concent Decree to
extend these deadlines. The
modification would provide that the
Administrator sign proposed
regulations addressing newly
constructed facilities that plan to utilize
cooling water intake structures by
October 5, 2000, and take final action
with respect to those regulations by
May 16, 2002. Also on May 16, 2002,
EPA would sign proposed regulations
addressing existing facilities that utilize
cooling water intake structures, and
take final action with respect to those
regulations by April 1, 2004. At this
writing, the Court has not acted on
EPA's motion.
Sectors Affected: 211112 Natural Gas
Liquid Extraction; 221111 Hydroelectric
Power Generation; 322121 Paper
(except Newsprint) Mills; 32213
Paperboard Mills; 32411 Petroleum
Refineries; 325311 Nitrogenous
Fertilizer Manufacturing; 325199 All
Other Basic Organic Chemical
Manufacturing; 331111 Iron and Steel
Mills; 331221 Cold-Rolled Steel Shape
Manufacturing; 331222 Steel Wire
Drawing; 33121 Iron and Steel Pipes
and Tubes Manufacturing from
Purchased Steel; 331315 Aluminum
Sheet, Plate and Foil Manufacturing;
331521 Aluminum Die-Castings;
331524 Aluminum Foundries; 331525
Copper Foundries; 337214 Nonwood
Office Furniture Manufacturing
Agency Contact: J. T. Morgan,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6015
Email: morgan.james@epa.gov
Deborah Nagle, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-2656
RIN: 2040-AC34
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65143
EPA—Clean Water Act (CWA)
Proposed Rule Stage
3671. AMENDMENTS TO ROUND I
FINAL SEWAGE SLUDGE USE OR
DISPOSAL RULE —PHASE TWO
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1361 CWA sec
501 (a); 33 USC 1345 CWA sec 405
CFR Citation: 40 CFR 503 (Revision)
Legal Deadline: None
Abstract: EPA is amending the Round
I Final Sewage Sludge Use or Disposal
Regulation in two phases. Phase Two
will address issues presented by
judicial remand of specific
requirements in the final Round 1 rule
(part 503) and requests for
reconsideration and will modify certain
technical requirements. The proposed
changes will impact Federal, State,
local and tribal governments, as well
as small businesses and small
governmental jurisdictions. EPA
expects that these changes will increase
flexibility and thus reduce the
regulatory burden.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/00
07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4207
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC53
3672. WATER QUALITY STANDARDS
REGULATION — REVISION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1313 CWA sec
303(c)
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Water quality standards set
by States and Indian tribes establish the
water quality goals for surface waters
of the U.S. and the means by which
attainment of these goals will be
measured and assured. They are the
foundation for protecting water quality
and related public health and welfare
and the ecological health of the nation's
waters. The Federal water quality
standards regulation at 40 CFR Part 131
governs the development, review and
revision of water quality standards
under section 303(c) of the Clean Water
Act by States and Indian Tribes, and
the review and approval of water
quality standards by EPA. Based upon
the Federal, State, Tribal and local
experience gained in the program over
the last 20 years, EPA's proposed
revisions to 40 CFR 131 are intended
to strengthen the water quality
standards regulation thus enhancing
water quality management on a
watershed basis, and focusing Federal,
State and Tribal resources on the areas
of greatest concern. Program areas
identified for revision include:
establishing and refining designated
uses, developing and implementing
water quality criteria, antidegradation
policies and procedures and mixing
zone policies and procedures.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
07/07/98 63 FR 36741
09/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3662
Agency Contact: Susan Gilbertson,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202260-1188
Email: gilbertson.sue@epa.gov
RIN: 2040-AC56
3673. REVISIONS TO NPDES
REQUIREMENTS FOR MUNICIPAL
SANITARY SEWER COLLECTION
SYSTEMS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1318 CWA sec 308; 33 USC 1342
CWA sec 402; 33 USC 1361 CWA sec
501 (a)
CFR Citation: 40 CFR 122.41; 40 CFR
122.42
Legal Deadline: None
Abstract: Under a Presidential directive
dated May 29, 1999, EPA is to develop
within one year, a strong national
regulation to prevent the 40,000 (plus)
annual sanitary sewer overflows from
contaminating our Nation's beaches and
jeopardizing the health of our Nation's
families. In response, EPA is
developing a notice of proposed
rulemaking that will propose a broad-
based reevaluation framework for
sanitary sewer collection systems under
the NPDES program. The Agency is
proposing standard permit conditions
for inclusion in permits for publicly
owned treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting requirements
for SSOs, recordkeeping and capacity
assurance, management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; public notice requirements for
SSOs; and a prohibition on SSOs.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/00
05/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State.
Local, Tribal, Federal
Additional Information: SAN No. 3999
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Complaince Reporting and Collection
System Discharges."
Agency Contact: Sharie Centilla,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
-------
65144
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999 / Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Phone: 202 260-6052
Email: centilla.sharie@epa.gov
Kevin Weiss, Environmental Protection
Agency, Water, 4201, Washington, DC
20460
Phone: 202 260-9524
Email: weiss.kevin@epa.gov
RIN: 2040-AD02
3674. TEST PROCEDURES FOR THE
ANALYSIS OF CRYPTOSPORIDIUM
AND GIARDIA UNDER THE SAFE
DRINKING WATER AND CLEAN
WATER ACTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h)CWA
304(h); 33 USC 1361CWA 501 (a); 42
USC 300(f) SDWA 1412; 42 USC
300(g)(l) SDWA 1413; 42 USC 300(g) (2)
SDWA 1414; 42 USC 300(g) (3) SDWA
1415; 42 USC 300(g)(4) SDWA 1416; 42
USC 300(g)(5) SDWA 1445; 42 USC
300(j)(4) SDWA 1450; 42 USC 300(j) (9)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
Part 136 and the analytical methods
under 40 CFR Part 141 to approve EPA
Method 1622 for the detection of
Cryptosporidium and Giardia in
ambient waters and finished drinking
water by filtration of a 10-L sample in
laboratory, separation of target
organisms from other debris using
immunomagnetic separation, and
detection of the organisms using
immunofluorescence assay and
differential interference contrast
microscopy and confirmation
examination of the organisms using
vital dye stains. This method would be
used by public water systems to collect
occurrence and treatment data to
characterize Cryptosporidium and
Giardia in drinking water. EPA expects
that EPA Method 1622 would increase
recovery and would provide better
precision than the method included in
an earlier EPA rulemaking, thus
providing for more reliable data.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4047
Agency Contact: Maria Gomez-Taylor,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-1639
Email: gomez-
taylor.maria@epamail.epa.gov
William A. Telliard, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD08
3675. ESTABLISHMENT OF
ELECTRONIC REPORTING FOR
NPDES PERMITTEES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304(1); 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122.22; 40 CFR
122.41(k); 40 CFR 122.41(j); 40 CFR
122.41(1); 40 CFR 122.63; 40 CFR
403.12g
Legal Deadline: None
Abstract: EPA is proposing changes to
its NPDES regulations to allow reports
and other information to be submitted
electronically. When EPA promulgated
the current NPDES regulations, the
Agency did not anticipate the need or
technologies for electronic reporting.
Consequently, the current regulations
do not specifically address use of
electronic reporting technologies. The
proposed rule would establish criteria
for electronic reporting and a specific
process and conditions for electronic
reporting of discharge monitoring
reports (DMR) to EPA that are intended
to achieve reliable and secure
electronic reporting in the NPDES
program. The proposal addresses
electronic signature, certification, and
record keeping requirements that
permittees would follow when
submitting forms to EPA electronically.
The rule will not require electronic
reporting.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
09/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4051
Agency Contact: Brian Frazer,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-0101
Fax: 202 260-1460
Email: frazer.brian@epa.gov
RIN: 2040-AD11
3676. EFFLUENT GUIDELINES AND
STANDARDS FOR THE FEEDLOTS
POINT SOURCE CATEGORY, SWINE
AND POULTRY SUBCATEGORIES,
AND NPDES REGULATION FOR
CONCENTRATED ANIMAL FEEDING
OPERATIONS
Regulatory Plan: This entry is Seq. No.
121 in Part II of this issue of the
Federal Register.
RIN: 2040-AD19
3677. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE FEEDLOTS POINT SOURCE
CATEGORY, DAIRY AND BEEF
CATTLE SUBCATEGORIES
Regulatory Plan: This entry is Seq. No.
122 in Part II of this issue of the
Federal Register.
RIN: 2040-AD21
3678. REVISIONS TO EFFLUENT
GUIDELINES AND STANDARDS FOR
THE COAL MINING POINT SOURCE
CATEGORY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 434
Legal Deadline: NPRM, Judicial,
December 31, 1999.
Final, Judicial, December 31, 2001.
Abstract: Coal mining discharges are
covered by existing effluent guidelines
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65145
EPA—Clean Water Act (CWA)
Proposed Rule Stage
at 40 CFR part 434. This new regulatory
action will revise the existing
regulations to address two new
subcategories: Coal Remining and
Western Alkaline Coal Mining. The
existing regulations do not cover
remining operations, which, when
appropriately planned and regulated,
will improve effluent quality from
abandoned mine lands while
reclaiming them and prevent
disturbance of unexploited lands.
Advances in treatment technologies and
Best Management Practices pertinent to
coal mines in the arid West show
promise of being more protective of
water quality.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4168
EPA has submitted an unopposed
motion to the Court requesting an
extension of the 12/31/99 deadline for
the proposal to 3/00/00.
Sectors Affected: 21211 Coal Mining
Agency Contact: Joe Vitalis,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7172
Fax: 202 260-7185
Email: vitalis.joseph@epa.gov
RIN: 2040-AD24
3679. AMEND THE FINAL WATER
QUALITY GUIDANCE FOR THE GREAT
LAKES SYSTEM TO PROHIBIT MIXING
ZONE FOR BIOACCUMULATIVE
CHEMICALS OF CONCERN
Priority: Other Significant
Legal Authority: 33 USC 1268 CWA
118
CFR Citation: 40 CFR 132
Legal Deadline: None
Abstract: EPA is proposing to amend
the final Water Quality Guidance for
the Great Lakes System (Guidance) to
prohibit mixing zones for
bioaccumulative chemicals of concern
(BCCs) in the Great Lakes System,
subject to a limited exception for
existing discharges. For existing
discharges, the regulation would
prohibit mixing zones for BCCs after 10
years from the publication date of the
final rule. New discharges of BCCs
would be subject to the mixing zone
prohibition immediately upon
commencing discharge. EPA had
promulgated this mixing zone provision
on March 23, 1995, as part of the Water
Quality Guidance for the Great Lakes
System required by section 118(c)(2) of
the Clean Water Act. The provision was
vacated by the U.S. Court of Appeals
for the District of Columbia Circuit in
the case of American Iron & Steel
Institute v. EPA, 115 F.3d 979 (D.C. Cir.
1997), and was remanded to the
Agency for further consideration. This
action reflects EPA's reconsideration of
the factual record in response to that
remand.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4235
Agency Contact: Mark Morris,
Environmental Protection Agency,
Water, 4301, Washington, DC 20460
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AD32
3680. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI AND
ENTEROCOCCI UNDER THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136.3
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
Part 136 to approve microbiological
methods for monitoring ambient water.
Ambient water contamination is
determined by the presence of bacterial
indicators. In 1986, EPA issued a
revision to its bacteriological ambient
water quality criteria recommendations
to include new indicator bacteria, E.coli
and enterococci. To support the
ambient water quality criteria for
bacteria, EPA is planning to promulgate
several analytical methods for
monitoring E.coli and enterococci in
ambient water. This proposed
regulation would approve test
procedures to be available for use by
testing laboratories.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4214
Agency Contact: Maria Gomez-Taylor,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-1639
Email: gomez-
taylor.maria@epamail.epa.gov
William A. Telliard, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD34
3681. • FURTHER REVISIONS TO
CLEAN WATER ACT DEFINITION OF
DISCHARGE OF DREDGED MATERIAL
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344
CFR Citation: 40 CFR 232.2; 33 CFR
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to clarify the regulatory
definition of "discharge of dredged
material" under the Clean Water Act
Section 404. This action is being taken
in follow-up to a final rule that was
promulgated in May 1999 to comply
with a court decision. The May 1999
rule clarified that incidental fallback is
not regulated under the definition of
-------
65146
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
"discharge of dredged material."
Further clarification of the definition of
"discharge of dredged material" is now
being undertaken in order to help
ensure that the waters of the U.S.,
including wetlands, continue to receive
the protection they need and to help
reduce ambiguity for the regulated
community and ensure consistent
application of the regulatory definition.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4261
Affected Sectors; Question i 20: The
proposed rulemaking addresses
discharge of dredged material into
waters of the United States in general,
and thus is not industry-specific.
Agency Contact: John Lishman,
Environmental Protection Agency,
Water, 4502-F, Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: Lishman.John@epa.gov
John Goodin, Environmental Protection
Agency, Water, 4502-F, Washington, DC
20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: Goodin.John@epa.gov
RIN: 2040-AD41
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3682. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT INDUSTRY
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 437
Legal Deadline: Final, Judicial, October
14, 1999.
Abstract: Centralized Waste Treatment
facilities receive hazardous and non-
hazardous waste from off-site for
treatment or recovery operations
(excluding solvent recovery). EPA is
developing technology-based effluent
limitations and pretreatment standards
to control the discharge of pollutants
from these facilities. This rule was
formerly titled Waste Treatment, Phase
I.
Timetable:
Action
Date
FR Cite
NPRM
Notice of Data
Availability
NPRM Reproposal
Final Action
01/27/95 60 FR 5464
09/16/96 61 FR 48805
01/13/99 64 FR 2279
08/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 2805
Sectors Affected: 562219 Other
Nonhazardous Waste Treatment and
Disposal
Agency Contact: Jan Matuszko,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-9126
Email: matuszko.jan@epa.gov
RIN: 2040-AB78
3683. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
TRANSPORTATION EQUIPMENT
CLEANING CATEGORY
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1317 CWA sec 307; 33
USC 1314 CWA sec 304; 33 USC 1361
CWA sec 501; 33 USC 1316 CWA sec
306
CFR Citation: 40 CFR 442
Legal Deadline: NPRM, Judicial, May
15, 1998.
Final, Judicial, June 15, 2000.
Abstract: EPA is developing effluent
limitation guidelines and pretreatment
standards for transportation equipment
cleaning facilities, which clean the
interiors of tank trucks, rail tank cars,
intermodal tank containers, ocean/sea
tankers, tank barges, closed-top hopper
trucks, closed-top hopper rail cars, and
closed-top hopper barges.
Timetable:
Action
NPRM
Notice of Data
Availability
Final Action
Date
06/25/98
07/20/99
06/00/00
FR Cite
63 FR 34685
64 FR 38863
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3204
Sectors Affected: 562998 All Other
Miscellaneous Waste Management
Services
Agency Contact: John Tinger,
(Landfills), Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-4992
Email: tinger.john@epa.gov
RIN: 2040-AB98
3684. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344 CWA sec
404
CFR Citation: 40 CFR 230
Legal Deadline: None
Abstract: This action would revise the
testing provisions of the Clean Water
Act section 404(b)(l) Guidelines to
provide for comparisons between
dredged material proposed for
discharge and reference sediment.
Reference sediment would be defined
as sediment that reflects conditions at
the disposal site had no dredged
material disposal ever occurred there.
Because the disposal site itself is
currently used as the point of
comparison, this action would make a
technical improvement in assessing
cumulative impacts and help make
dredged material testing under section
404 more consistent with that
conducted for ocean disposal, which
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65147
EPA—Clean Water Act (CWA)
Final Rule Stage
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
02/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3288
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-9910
Email: goodin.john@epa.gov
RIN: 2040-AC 14
3685. EFFLUENT GUIDELINES AND
STANDARDS FOR LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 445
Legal Deadline: Final, Judicial,
November 30, 1999.
Abstract: EPA proposed effluent
guidelines and standards for landfills
regulated under Subtitle C or Subtitle
D of the Resource Conservation and
Recovery Act (RCRA) which discharge
directly to surface waters, and landfills
regulated under Subtitle C of RCRA
which discharge indirectly to Publicly
Owned Treatment Works (POTWS).
The proposal did not apply to
wastewater discharges of contaminated
groundwater. The proposal also did not
apply to discharges of wastewater
associated with landfills operated in
conjunction with other industrial or
commercial operations which only
receive waste from off-site facilities
under the same corporate structure
(intra-company facility) and/or receive
waste generated on-site (captive
facility) so long as the landfill
wastewater is commingled for treatment
with other process wastewaters. After
reviewing public comments, EPA will
revise the analysis and issue final
standards. This rule was formerly titled
Waste Treatment Industry, Phase II and
Effluent Guidelines and Standards for
Landfills and Incinerators.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/06/98 63 FR 6425
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 348
Sectors Affected: 562211 Hazardous
Waste Treatment and Disposal; 562212
Solid Waste Landfill
Agency Contact: Mike Ebner,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-5397
Email: ebner.michael@epa.gov
RIN: 2040-AC23
3686. ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS FOR THE STATE OF
CALIFORNIA
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: Final, Statutory,
November 3, 1997.
Abstract: Several municipal entities
and one industry in California sued the
California State Water Resources
Control Board (SWRCB) in State court
over whether the SWRCB's water
quality control plans for inland surface
waters and enclosed bays and estuaries
were adopted in compliance with
authorizing State law. The court issued
its final decision in March 1994; the
Court agreed with the plaintiffs and
found that the plans could not remain
in effect. The SWRCB was ordered to
rescind its plans which contain the
State's numeric criteria for priority
toxic pollutants. In the absence of State
criteria, the Clean Water Act requires
the Administrator to promulgate water
quality criteria for priority toxic
pollutants where EPA has issued
section 304 (a) criteria guidance when
the discharge of such pollutants could
reasonably be expected to interfere with
the State's designated uses.
Timetable:
Action
Date
FR Cite
NPRM 08/05/97 62 FR 42160
Final Action 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3504
Agency Contact: Matt Mitchell,
Environmental Protection Agency,
Water, Region IX, San Francisco, CA
94105
Phone: 415 744-2007
Email: mitchell.matthew@epa.gov
William Morrow, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 202 260-3657
Email: morrow.william@epa.gov
RIN: 2040-AC44
3687. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1314 CWA sec
304; 33 USC 1317 CWA sec 307; 33
USC 1342 CWA sec 402; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The National Pretreatment
Program was established in 1972. The
Office of Water is exploring ways to
reduce federally mandated activities
under the program that don't result in
benefits to the environment and to
improve program efficiencies. For
example, this rule will consider
appropriate exclusions or variable
requirements for numerous smaller
-------
65148
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
facilities that contribute insignificant
amounts of pollutants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/22/99 64 FR 39564
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3663
Agency Contact: Patrick Bradley,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6963
Email: bradley.patrick@epamail.epa.gov
Jeff Smith, Environmental Protection
Agency, Water, 4203, Washington, DC
20460
Phone: 202 260-5586
Fax: 202 260-1460
Email: smith.jeff@epa.gov
RIN: 2040-AC58
3688. NPDES STREAMLINING RULE —
ROUND II
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1312 CWA sec 302; 33 USC 1316
CWA sec 306; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 CFR 125; 40 CFR 22;
40 CFR 117; 40 CFR 125; 40 CFR 144;
40 CFR 270; 40 CFR 271
Legal Deadline: None
Abstract: On February 21, 1995,
President Clinton issued a directive
requesting that Federal agencies review
their regulatory programs to eliminate
any obsolete, ineffective, or unduly
burdensome regulations. In 'response to
that directive, the Office of Wastewater
Management plans to issue a
comprehensive rulemaking package
revising certain NPDES requirements in
parts 122, 123 and 124 to eliminate
redundant regulations, provide
clarification, and remove or streamline
unnecessary procedures which do not
provide any environmental benefits.
Some of these revisions include: 1)
consolidating regulatory definitions; 2)
removal of part 124, subpart F, non-
adversary panel hearings; 3) possible
removal of storm water group
application requirements; 4)
streamlining permit termination
procedures; and 5) removing part 124
evidentiary hearing procedures.
This rulemaking is expected to affect
entities who operate the NPDES
program or who are regulated by it.
This includes small businesses and
State and local governments. Most of
these effects are expected to be
deregulatory or streamlining in nature.
Timetable:
priority pollutant listed at 40 CFR part
423, appendix A. The term total
cyanide refers to all forms of cyanide,
including those forms that are readily
bioavailable such as free and weakly
bound cyanide and those forms that are
less bioavailable because the cyanide is
strongly bound to a metal ion. EPA
Method 335.1, Cyanides Amenable to
Chlorination (CATC), is currently
approved for the measurement of free
and weakly complexed forms of
cyanides. EPA Method 335.1 calls for
hour-long distillation, chlorination
requiring an hour, and two separate
aliquots of a given sample distilled and
analyzed independently to determine
the CATC levels. In order to improve
the accuracy and reduce the cost of
cyanide measurements, EPA proposed
a new test procedure for the
determination of cyanides.
Action
Date FR Cite Timetable:
NPRM
Final Action
12/11/96 61 FR 65268
11/00/99
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3762
Agency Contact: Howard Rubin,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-2051
Fax: 202 260-1460
Email: rubin.howard@epa.gov
RIN: 2040-AC70
3689. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF CYANIDE UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve a new procedure for the
analysis of cyanide under the Clean
Water Act. Cyanide is a toxic pollutant
as defined in the Clean Water Act
section 307 and total cyanide is a
NPRM
Final Action
07/07/98 63 FR 36809
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3701
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC76
3690. REFORMATTING OF EFFLUENT
GUIDELINES AND STANDARDS IN 40
CFR PARTS 401 THROUGH 471
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1361 CWA sec 502; 33
USC 1342 CWA sec 402
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65149
EPA—Clean Water Act (CWA)
Final Rule Stage
CFR Citation: 40 CFR 405 to 471
(Revision)
Legal Deadline: None
Abstract: This regulatory action will
recodify the existing Effluent
Limitations and Standards in 40 CFR
parts 401 through 471, without making
any changes in the requirements
therein. The purpose of this action is
to enable the Federal, State, and local
regulators and the regulated community
to more easily read, understand and
implement the regulations.
Timetable:
Action
Date FR Cite
Direct Final Rule
02/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3767
Agency Contact: Hugh Wise,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202260-7177
Fax: 202 260-7185
Email: wise.hugh@epa.gov
BIN: 2040-AC79
3691. NPDES COMPREHENSIVE
STORM WATER PHASE II
REGULATIONS
Regulatory Plan: This entry is Seq. No.
134 in Part II of this issue of the
Federal Register.
RIN: 2040-AC82
3692. INCREASED METHOD
FLEXIBILITY FOR TEST
PROCEDURES APPROVED FOR
CLEAN WATER ACT COMPLIANCE
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
highlight the flexibility already
contained in the 600 and 1600 series
of EPA Methods that are currently
approved for Clean Water Act
compliance monitoring under 40 CFR
part 136, Guidelines Establishing Test
Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date
FR Cite
Direct Final Rule
06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3714
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC92
3693. PERFORMANCE BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action will
establish the use of performance-based
measurement procedures and guidance
for use in Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would include guidance
concerning the format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. This regulatory action would
also describe increased program
guidance in the form of a
clearinghouse, technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
NPRM
Final Action
Date FR Cite
03/28/97 62 FR 14975
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3713
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC93
-------
65150
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
3694. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES Program unless the Regional
Administrator approves an alternative
procedure. EPA plans to segment the
rulemaking into two phases to
accommodate different amounts of data
for the long list of compounds.
Timetable:
Action
Date FR Cite
NPRM 10/18/95 60 FR 53988
Final Action 06/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3155
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC95
3695. EFFLUENT GUIDELINES AND
STANDARDS FOR INDUSTRIAL
WASTE COMBUSTORS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 444
Legal Deadline: Final, Judicial,
November 30, 1999.
Abstract: EPA proposed effluent
guidelines and standards for
commercial industrial waste
combustion facilities in February 1998.
Hazardous waste incinerators, boilers,
industrial furnaces, and non-hazardous
waste incinerators are all examples of
facilities included in the scope of the
project. The proposal applied only to
commercial industrial waste
combustors and not to sewage sludge
incinerators, medical waste
incinerators, municipal waste
combustors or other solid waste
combustors. Furthermore, EPA did not
include within the scope of the
proposal industrial waste combusters
that only burn off-site wastes from
facilities within the same corporate
structure (intra-company wastes) or
industrial waste combustors that only
burn wastes generated on-site. After
reviewing public comments, EPA will
issue final standards. This rule was
formerly titled Waste Treatment
Industry, Phase II: Landfills and
Incinerators.
Timetable:
Action
Date
FR Cite
NPRM 02/06/98 63 FR 6391
Notice of availability 05/17/99 64 FR 26714
Final Action 11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4041
(Formerly part of SAN 3489, RIN 2040-
AC23)
Sectors Affected: 562211 Hazardous
Waste Treatment and Disposal
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7149
Fax: 202 260-7185
Email: lewis.samantha@epa.gov
RIN: 2040-AD03
3696. TOTAL MAXIMUM DAILY LOAD
(TMDL) PROGRAM REGULATIONS
REVISIONS
Regulatory Plan: This entry is Seq. No.
136 in Part II of this issue of the
Federal Register.
RIN: 2040-AD22
3697. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD CATEGORY;
MONITORING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1342 CWA sec
402; 33 USC 1318 CWA sec 308; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: The Agency proposed to
amend the Pulp and Paper Cluster
Rules to provide for a certification in
lieu of monitoring for one or more
pollutants, including chloroform, for
mills using certain processes. Basically,
this amendment would apply to
elemental chlorine-free mills, allowing
them to submit a certification based on
process changes and operational
controls to demonstrate compliance
with the existing limitations.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/15/98 63 FR 18796
12/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4192
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Troy Swackhammer,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7128
Fax: 202 260-7185
Email: swackhammer.j-troy@epa.gov
RIN: 2040-AD23
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65151
EPA—Clean Water Act (CWA)
Final Rule Stage
3698. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE I
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: Final, Statutory, June
3, 1998.
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA authorizes the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
water quality standards.
On March 5, 1998, EPA proposed water
quality standards applicable to nine
stream segments to replace those
provisions in Alabama's water quality
standards that were disapproved in
1986 and in 1991. Specifically, EPA
proposed use designations consistent
with those specified in section 101 (a)
of the CWA to replace the State's
assigned Agricultural and Industrial
Water Supply use. The effect of the
proposed standards is to replace the
State-adopted water quality criteria,
which protect only for fish survival,
with water quality criteria based on
protection of propagation of fish,
aquatic life, and wildlife.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/05/98 63 FR 10799
03/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4195
Agency Contact: William Morrow,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-3657
Email: morrow.william@epa.gov
Fritz Wagener, Environmental
Protection Agency, Water, Atlanta, GA
30303
Phone: 404 562-9267
BIN: 2040-AD25
3699. WATER QUALITY STANDARDS;
ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS; STATES' COMPLIANCE
— REVISION OF POLYCHLORINATED
BIPHENYLS (PCBS) CRITERIA
Priority: Other Significant
Legal Authority: 33 USC 1251
CFR Citation: 40 CFR 131
Legal Deadline: Final, Judicial,
September 27, 1999.
Abstract: EPA is revising the rule
promulgated on December 22, 1992,
(National Toxics Rule or NTR) that
established water quality criteria for
twelve States and the District of
Columbia and Puerto Rico, that had not
adopted sufficient chemical-specific
numeric criteria for toxic pollutants
necessary to comply with the Clean
Water Act. Among the criteria
promulgated in the NTR were human
health criteria for polychlorinated
biphenyls (PCBs). EPA has proposed
and taken comments on revisions to the
human health criteria for PCBs in the
NTR, based on the Agency's
reassessment of the cancer potency of
PCBs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/02/98 63 FR 16182
11/09/99 64 FR 61181
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4193
Agency Contact: Cindy Roberts,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-2787
Email: roberts.cindy@epa.gov
RIN: 2040-AD27
3700. EPA REVIEW AND APPROVAL
OF STATE AND TRIBAL WATER
QUALITY STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131.21(c)
Legal Deadline: Other, Judicial, July 1,
1999, See additional information.
Abstract: EPA's water quality standards
(WQS) regulation currently provides
that State and Tribal WQS are in effect
once adopted by the State or authorized
Tribe and remain in effect, even if EPA
disapproves them, until the State or
Tribe revises them or EPA promulgates
a federal rule to supersede the State
or Tribal WQS. EPA's regulation is
based on its longstanding interpretation
of the CWA. In July, 1997, the U.S.
District Court for the Western District
of Washington held that the clear
meaning of section 303 (c) (3) of the
CWA was that State water quality
standards do not go into effect under
the CWA until approved by EPA
(Alaska Clean Water Alliance v. Clark;
No. C96-1762R). Because EPA's existing
regulation remains in effect, and the
court has issued no injunction against
applying it, EPA's interim policy is to
continue to follow our regulation
(except in Alaska) until the regulation
is changed. EPA's proposed rule would:
1) Delete 131.21(c) and replace it with
new language which explains that
standards do not become the applicable
WQS for CWA purposes until approved
by EPA, and that previously approved
standards remain the CWA standards
until EPA approves State or Tribal
revisions or promulgates replacement
WQS; and, 2) Provide that the new rule
would only apply to WQS adopted after
the effective date of the final rule.
EPA's proposed rule will only address
administrative aspects of the WQS
approval process. This proposed rule
will not speak to any of the substantive
program issues currently being
addressed in the WQS Advance Notice
of Proposed Rulemaking (63 FR 36741).
Likewise, this proposed rule will not
overlap with any of the TMDL program
issues being addressed in the TMDL
rulemaking.
Timetable:
Action
Date
FR Cite
NPRM 07/09/99 64 FR 37072
Final Action 04/00/00
Regulatory Flexibility Analysis
Required: No
-------
65152
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4234
Legal Deadline: Settlement Agreement:
July 1, 1999 Proposal; April 1, 2000
Final.
Agency Contact: William Morrow,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-3657
Fax: 202 260-9830
Email: morrow.william@epa.gov
Cathy Winer, Environmental Protection
Agency, Water, 2355, Washington, DC
20460
Phone: 202 260-7719
Fax: 202 260-7702
Email: winer.cathy@epa.gov
RIN: 2040-AD33
3701. • TOTAL MAXIMUM DAILY
LOAD (TMDL) - NPDES AND WQS
REGULATIONS REVISIONS
Regulatory Plan: This entry is Seq. No.
137 in Part II of this issue of the
Federal Register.
RIN: 2040-AD36
3702. • RECOGNITION AWARDS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: CWA 501(e)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is formalizing
the eligibility requirements,
nominations process, application
provisions and selection criteria for the
annual Clean Water Act (CWA) Awards
known as the National Wastewater
Management Excellence Awards
Program. Section 501(e) of the CWA
authorizes the Administrator, on behalf
of the U.S. Government to recognize
outstanding technological achievements
or innovative processes, methods or
devices in waste treatment and
pollution abatement programs. The rule
establishes regulations under which the
recognition may be applied for and
granted. Though the Agency has been
making presentations for several years,
this action would minimize the number
of inquiries concerning the awards
program's winners and their
qualifications. The program currently
includes awards for Operations and
Maintenance, Beneficial Use of
Biosolids, Storm Water Management,
Pretreatment, and Combined Sewer
Overflow Controls. Awards for other
programs may be added later. EPA is
formalizing the CWA awards program
using a direct final rulemaking because
the Agency does not expect adverse
comments. Unless the Agency receives
comments requiring a response during
the public comment period associated
with an identical companion proposed
rule published elsewhere in the Federal
Register on the same date, the
formalized eligibility requirements,
nominations process, application
provisions and selection criteria will
become effective without further notice.
Timetable:
Action
Date
FR Cite
NPRM companion of 05/00/00
Direct Final Rule
Direct Final Rule 05/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4332
Note: This rule was formerly known as
"National Wastewater Management
Excellence Awards Program."
Agency Contact: Maria Campbell,
Environmental Protection Agency,
Water, 4204, Washington, DC 20460
Phone: 202 260-5815
RIN: 2040-AD44
3703. FACILITY RESPONSE PLAN
REGULATION FOR CERTAIN NON-
TRANSPORTATION-RELATED
FACILITIES THAT HANDLE, STORE,
OR TRANSPORT VEGETABLE OILS
AND ANIMAL FATS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 33 USC 2720; EO 12777 (October
18 1991); PL 105-276
CFR Citation: 40 CFR 112 (Revision)
Legal Deadline: None
Abstract: This regulation would modify
the existing regulations as they apply
to facilities that handle, store, or
transport vegetable oils and animal fats.
The Facility Response Plan (FRP) rule
applies only to high-risk facilities that
transfer large volumes of oil over water
or store 1 million gallons or more of
oil and meet additional criteria.
Because worst-case discharges from
these facilities could cause substantial
harm to the environment, facility
owners and operators are required to
prepare and implement response plans.
The rule applies to a small number of
vegetable oil/animal fat facilities (an
estimated 50 to 100, based on
information provided by industry). The
current rule already provides greater
flexibility to vegetable oil/animal fat
facilities in the development of these
plans than what is required for
petroleum facilities. The EPA FY1999
Appropriation (P.L. 105-276) directs the
Agency to issue regulations amending
40 CFR Part 112 (Oil Pollution
Prevention) to comply with the
requirements of the Edible Oil
Regulatory Reform Act (EORRA).
EORRA requires agencies to
differentiate between vegetable oils and
animal fats and other classes of oils,
based on properties and effects, in
issuing regulations.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
04/08/99 64 FR 17227
04/08/99
02/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4217
Sectors Affected: 311222 Soybean
Processing; 311223 Other Oilseed
Processing; 311225 Fats and Oils
Refining and Blending; 311613
Rendering and Meat By-product
Processing; 311711 Seafood Canning;
311712 Fresh and Frozen Seafood
Processing
Agency Contact: Barbara Davis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8823
Fax: 703 603-9126
Email: davis.barbara@epa.gov
RIN: 2050-AE64
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65153
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3704. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL
104-4.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1317 CWA sec
308; 33 USC 1317 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 438
Legal Deadline: NPRM, Judicial,
October 31, 2000.
Final, Judicial, December 31, 2002.
Abstract: EPA is developing effluent
limitations guidelines for facilities that
generate wastewater while processing
metal parts; metal products; and
machinery, including manufacture,
assembly, rebuilding, repair, and
maintenance. A proposed rule in 1995
covered seven industrial groups:
aircraft, aerospace, hardware, ordnance,
stationary industrial equipment, mobile
industrial equipment, and electronic
equipment. EPA has consolidated this
rulemaking with a second phase, and
coverage will include additional
industrial groups such as: bus and
truck, household equipment,
instruments, motor vehicles, office
machines, precious metals and jewelry,
railroads, job shops, printed circuit
boards, and ships and boats. The
deadlines and timetable apply to the
consolidated Phase 1 and 2 rulemaking.
Timetable:
Action
Date FR Cite
05/30/95 60 FR 28210
10/00/00
NPRM (Phase 1)
NPRM (Consolidated
Phase 1 and 2)
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 2806
Sectors Affected: 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 339
Miscellaneous Manufacturing
Agency Contact: Shari Zuskin,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7130
Email: zuskin.shari@epa.gov
RIN: 2040-AB79
3705. REVISION OF NPDES
INDUSTRIAL PERMIT APPLICATION
REQUIREMENTS AND FORM 2C—
WASTEWATER DISCHARGE
INFORMATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1342 CWA sec
402
CFR Citation: 40 CFR 122.21
Legal Deadline: None
Abstract: All existing manufacturing,
commercial, mining, and silvicultural
operations requiring a National
Pollutant Discharge Elimination System
(NPDES) permit must submit an
application in order to obtain a permit.
The existing industrial application form
has not been revised since 1984 and
needs to be updated to reflect statutory
and related regulatory changes in the
NPDES and water quality standards
program. The purpose of this action
would be to revise and consolidate
existing application forms and
requirements for industries, and to
streamline the permit application
process for these facilities. The Agency
seeks to establish a unified process that
minimizes the need for additional
information from applicants while
providing permit writers the necessary
information, including toxics data, to
ensure that permits adequately address
concerns of permittees and
environmental protection. The Agency
will seek to allow the use of existing
data to the extent possible and to avoid
unnecessary reporting. The Agency is
also considering how to utilize
electronic data submission. Although
these forms will increase the burden on
permittees not already required to
provide these data, many other
permittees are already required to
submit the data. The Agency is
reviewing ways to minimize the need
for information from small dischargers,
including tribal facilities. EPA will also
seek to minimize and reduce the
burden on States through
improvements to the application forms.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3234
Agency Contact: Jeff Lape,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6057
Email: lape.jeff@epa.gov
RIN: 2040-AC26
3706. GUIDELINES ESTABLISHING
WHOLE EFFLUENT TOXICITY WEST
COAST TEST PROCEDURES FOR THE
ANALYSIS OF POLLUTANTS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1313 CWA
303; 33 USC 1314(h) CWA 304(h); 33
USC 1314(a)(8) CWA 304(a)(8); 33 USC
1361 CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This rule would amend 40
CFR part 136, by adding test
procedures to measure chronic whole
effluent toxicity using species
indigenous to West Coast marine waters
for the analysis of pollutants under the
Clean Water Act. State, local and tribal
governments and small businesses on
the West Coast are already using
variations of these methods in NPDES
permits.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/01
01/00/02
Regulatory Flexibility Analysis
Required: Undetermined
-------
65154
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3618
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC54
3707. WATER QUALITY STANDARDS;
ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS; STATES' COMPLIANCE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1313 CWA sec
303
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: EPA is revising its rule
promulgated on December 22, 1992,
(National Toxics Rule or NTR) that
established water quality criteria for 14
States that had failed to fully comply
with section 303 (c) (2) (B) of the Clean
Water Act. The NTR promulgated total
recoverable metals criteria for 11 of
these 14 States. In May 1995, EPA
amended the materials criteria to reflect
EPA's new policy to use dissolved
metals criteria because they more
accurately reflect the bioavailable
fraction of waterborne metals for
aquatic life. The interim final rule was
deregulatory in nature, but is not
expected to impact the health of
aquatic life in the water column. EPA
expects the rule to result in less
stringent permit limits and therefore a
potential cost savings in wastewater
treatment for dischargers of metals in
the covered States. This action makes
the interim final rule final and is also
deregulatory in nature.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3661
Agency Contact: Cindy Roberts,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-2787
Email: roberts.cindy@epa.gov
RIN: 2040-AC55
3708. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361 (a) CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve new EPA methods
for the determination of trace metals at
EPA's water quality criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not allow
a particular water body to meet the
State's designated water quality
standard. Because the methods
currently approved under 40 CFR part
136 were designed to support primarily
technology-based permitting needs, and
because these technology-based levels
are as much as 280 times higher than
water quality-based criteria for metals,
approval of new EPA test procedures
is necessary.
Action
Date
FR Cite
Timetable:
Action
NPRM
Final Action
Date
08/00/01
08/00/02
FR Cite
Interim Final
Final Action
05/04/95 60 FR 22229
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3702
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC75
3709. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1312 CWA sec 302; 33
USC 1314 CWA sec 304; 33 USC 1316
CWA sec 306; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: On February 21, 1995,
President Clinton issued a directive
requesting that Federal agencies review
their regulatory programs to eliminate
any obsolete, ineffective, or unduly
burdensome regulations. In response to
that directive, EPA plans to issue
several rulemaking packages to revise
NPDES requirements in parts 122, 123,
and 124 to eliminate redundant
regulations, provide clarification, and
remove or streamline unnecessary
procedures. Revisions under
consideration in this rule include
adding additional permit modifications
that can be considered minor
modifications at 122.63, and changes to
requirements concerning EPA's review
of State permits. Other revisions may
be considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65155
EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3786
Agency Contact: Thomas Charlton,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6960
RIN: 2040-AC84
3710. EFFLUENT GUIDELINES AND
STANDARDS FOR IRON AND STEEL
MANUFACTURING POINT SOURCE
CATEGORY
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1362 CWA sec 502; 33
USC 1342 CWA sec 402
CFR Citation: 40 CFR 420
Legal Deadline: Final, Judicial, April
30, 2002.
NPRM, Judicial, October 31, 2000.
Abstract: EPA will propose
amendments to the effluent limitations
guidelines and standards regulations for
the Iron and Steel Manufacturing Point
Source Category to reflect significant
industry changes related to
consolidation and modernization
within the U.S. steelmaking industry as
well as advances in manufacturing
technologies, in-process pollution
prevention, water conservation
practices, and end-of-pipe wastewater
treatment.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/00
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3833
Sectors Affected: 331111 Iron and
Steel Mills; 331221 Cold-Rolled Steel
Shape Manufacturing; 331222 Steel
Wire Drawing; 33121 Iron and Steel
Pipes and Tubes Manufacturing from
Purchased Steel; 324199 All Other
Petroleum and Coal Products
Manufacturing
Agency Contact: George Jett,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7151
Fax: 202260-7185
Email: jett.george@epa.gov
RIN: 2040-AC90
3711. SELENIUM CRITERION
MAXIMUM CONCENTRATION FOR
WATER QUALITY GUIDANCE FOR
THE GREAT LAKES SYSTEM
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1268 CWA sec
118
CFR Citation: 40 CFR 132
Legal Deadline: None
Abstract: This rulemaking proposes to
establish a new acute aquatic life
criterion for selenium in the final Water
Quality Guidance for the Great Lakes
System (the Guidance) that was
published on March 23, 1995 (60 FR
15366). The proposed new criterion
takes into account data showing that
selenium's two most prevalent
oxidation states, selenite and selenate,
present differing potentials for aquatic
toxicity, as well as new data indicating
that all forms of selenium are additive.
The new approach produces a different
selenium acute criterion (also called the
Criterion Maximum Concentration, or
CMC) depending upon the relative
proportions of selenite, selenate, and
other forms of selenium that are
present. This effort is on hold until a
larger effort to amend the national
water quality criteria guidance for
selenium is complete. Once that effort
is completed EPA will reevaluate the
need for this action to amend the final
Water Quality Guidance for the Great
Lakes System and take appropriate
action.
Timetable:
Action
Date
FR Cite
NPRM 11/14/96 61 FR 58444
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3921
Agency Contact: Mark Morris,
Environmental Protection Agency,
Water, 4301, Washington, DC 20460
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AC97
3712. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1251 et seq
CWA 304 (h); 33 USC 1314(h) CWA
501 (a); 33 USC 1361 (a)
CFR Citation: 40 CFR 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 allow a particular
water body to meet the State's
designated water quality standard. At
present there is no EPA analytical
method for determination of these
PCBs, therefore, approval of a new EPA
test procedure is necessary.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/01
06/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
-------
65156
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 404
Agency Contact: Maria Gomez-Taylor,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-1639
Email: gomez-
taylor.maria@epamail.epa.gov
William A. Telliard, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD09
3713. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD CATEGORY,
PHASE II
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1318 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: EPA will consider revising
the technology-based effluent
limitations guidelines and standards for
8 of the 12 subcategories for this
industrial category: Unbleached Kraft;
Semi-Chemical; Mechanical Pulp; Non-
Wood Chemical Pulp; Secondary Fiber
Deink; Secondary Fiber Non-Deink;
Fine and Lightweight Papers from
Purchased Pulp; and Tissue, Filter,
Non-Woven, and Paperboard from
Purchased Pulp. EPA proposed
guidelines and standards for these
subcategories as part of the Pulp and
Paper Rules (also known as the Cluster
Rules) in December 1993. The Agency
intends to develop these revised
effluent limitations in close
coordination with the Office of Air
Quality Planning and Standards.
Timetable:
Action
Date
FR Cite
NPRM 12/17/93 58 FR 66078
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 405
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: J. Troy
Swackhammer, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-7128
Email: swackhammer.j-troy@epa.gov
RIN: 2040-AD 10
3714. GUIDELINES ESTABLISHING
TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361 (a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action will
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR Part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation will approve test
procedures to be used in measuring this
group of compounds under the NPDES
unless the Regional Administrator
approves an alternative procedure. This
rulemaking will constitute the second
of two segments of rulemaking initially
proposed as one action.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/18/95 60 FR 53988
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 408
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD 12
3715. REVISIONS TO EFFLUENT
GUIDELINES AND STANDARDS FOR
SYNTHETIC-BASED DRILLING FLUIDS
IN THE OIL AND GAS EXTRACTION
POINT SOURCE CATEGORY
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 435
Legal Deadline: NPRM, Judicial,
December 31, 1998.
Final, Judicial, December 31, 2000.
Abstract: This regulatory action will
establish effluent limitations for the use
of synthetic-based drilling fluids (SBF).
Although oil and gas extraction is
covered by existing effluent guidelines,
the SBFs are a new technology not
addressed in the guidelines, and
applying the existing regulations which
were developed for water-based and
oil-based drilling fluids is not
appropriate. The use of SBFs presents
an opportunity for environmental gain.
On a drilling performance basis, SBFs
replace oil-based drilling fluids, but
unlike oil-based drilling fluids, SBFs
are free of aromatic hydrocarbon
priority pollutants, exhibit greatly
reduced toxicity, biodegrade relatively
rapidly, and do not bioaccumulate.
Compared to water-based drilling
fluids, SBFs have reduced aquatic
toxicity and lower discharge volumes
resulting in lower toxic metals
discharge. To realize the potential
environmental gain, new guidelines
specific to the SBFs are necessary to
minimize the wastestream volume and
control potential contaminants, toxicity,
biodegradation, and bioaccumulation.
Timetable:
Action
Date
FR Cite
NPRM 02/03/99 64 FR 5487
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65157
EPA—Clean Water Act (CWA)
Long-Term Actions
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4086
Sectors Affected: 21111 Oil and Gas
Extraction
Agency Contact: Ron Kirby,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7168
Fax: 202 260-7185
Email: kirby.ronald@epa.gov
RIN: 2040-AD14
3716. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA authorizes the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
water quality standards. EPA is
developing a proposed federal
rulemaking to determine the
appropriate use designations for five
waterbodies in Alabama subject to
outstanding EPA disapprovals.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4264
Agency Contact: William Morrow,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-3657
Fax: 202 260-9830
Email: morrow.william@epa.gov
Fritz Wagener, Environmental
Protection Agency, Water, Region IV,
Atlanta, GA 30303
Phone: 404 562-9267
RIN: 2040-AD35
3717. • 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
31,2001.
Abstract: This action is phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), "Uniform
National Discharge Standards for
Vessels of the Armed Forces." Section
312(n) directs EPA and DOD to work
together to provide Armed Forces
vessels with a nationally uniform set
of discharge standards, which preempt
State discharge standards for these
vessels. The purpose of the statute is
to allow DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as fire
main); and some have the potential to
introduce nonindigenous invasive
aquatic species (such as ballast water).
Phase II will establish performance
standards for control devices for these
25 discharges. Once DOD implements
rules for achieving the standards set in
phase II, covered discharges from
Armed Forces will be required to meet
these standards, and will not be subject
to discharge standards established by
States.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4357
Agency Contact: Gregory Stapleton,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0141
Fax: 202 260-7185
Email: stapleton.gregory@epa.gov
RIN: 2040-AD39
3718. • EFFLUENT GUIDELINES FOR
THE CONSTRUCTION AND
DEVELOPMENT INDUSTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1361 CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial,
December 31, 2000.
Final, Statutory, December 31, 2002.
Abstract: The effluent guidelines will
apply to construction activities
associated with new development, as
well as to those associated with re-
development activities. The regulations
will address storm water runoff from
construction sites during the active
phase of construction, as well as post-
construction runoff. Construction
activity is a major source of sediment
and other pollutants discharged to the
nation's waters. Industries potentially
affected by this rulemaking include
land developers, home builders,
builders of commercial and industrial
property, and other private and public
sector construction site owners and
operators. EPA will develop design
criteria for erosion and sediment
controls and storm water best
management practices (BMPs). These
requirements will be implemented in
NPDES storm water permits issued to
construction site owners and operators.
-------
65158
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
Action
NPRM
Final Action
Date
FR Cite
12/00/00
12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 428
Sectors Affected: 23 Construction
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7150
Fax: 202 260-7185
Email: strassler.eric@epa.gov
RIN: 2040-AD42
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3719. NPDES WASTEWATER PERMIT
APPLICATION FORMS AND
REGULATORY REVISIONS FOR
MUNICIPAL DISCHARGES AND
SEWAGE SLUDGE USE OR DISPOSAL
Priority: Other Significant
CFR Citation: 40 CFR 122.21(j); 40 CFR
122.21 (q); 40 CFR 501.15(a); 40 CFR
124.8(b); 40 CFR 123.25(a); 40 CFR
123.43(b)
Completed:
Reason
NPRM
Final Action
Date
12/06/95
08/04/99
FR Cite
60 FR 62545
64 FR 42433
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Robin Danes!
Phone: 202 260-2991
Fax: 202 260-1460
Email: danesi.robin@epa.gov
RIN: 2040-AB39
3720. EFFLUENT GUIDELINES AND
STANDARDS FOR THE INDUSTRIAL
LAUNDRIES POINT SOURCE
CATEGORY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 441
3721. AMENDMENTS TO ROUND I
FINAL SEWAGE SLUDGE USE OR
DISPOSAL RULE—PHASE ONE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 503 (Revision)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/25/95 60 FR 54771
08/04/99 64 FR 42551
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Alan B. Rubin
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC29
3722. GUIDELINES ESTABLISHING
OIL AND GREASE TEST
PROCEDURES FOR THE ANALYSIS
OF POLLUTANTS UNDER THE CLEAN
WATER ACT
3723. STREAMLINING 301 (H) WAIVER
RENEWAL REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 125(g)
Completed:
Reason
Date
FR Cite
No further action 11/10/99
planned on this rule.
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: David Redford
Phone: 202 260-9179
RIN: 2040-AC89
3724. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
ARMED FORCES VESSELS—PHASE I
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 1700 "(New)"
Completed:
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
NPRM
Final Action
Reaulatorv Fie
Date FR Cite
08/25/98 63 FR 45298
05/10/99 64 FR 251 26
ixibilitv Analysis
Reason
Date FR Cite Required: No
Completed:
Reason
M . , ....
NPRM
Notice of Data
Date FR Cite Availability
i^tnanaiaa c/iCQ/icnvo Hnal Action
01/23/96 61 FR 1730
10/02/97 62 FR 51 621
05/14/99 64 FR 2631 5
NPRM
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Marta Jordan
Phone: 202 260-0817
Fax: 202 260-7185
Email: jordan.marta@epa.gov
RIN: 2040-AB97
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: William A. Telliard
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC63
Government Levels Affected: State,
Local, Federal
Agency Contact: Ronald Jordan
Phone: 202260-7115
RIN: 2040-AC96
3725. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD CATEGORY;
INCENTIVES AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 430
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65159
EPA—Clean Water Act (CWA)
Completed Actions
Completed:
Reason
Date
FR Cite
NPRM
Final Action
04/15/98 63 FR 18795
07/07/99 64 FR 36580
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Mark Perez
Phone: 202 260-2275
Fax: 202 260-7185
Email: perez.mark@epa.gov
RIN: 2040-AD05
3726. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
NPRM 05/26/98 63 FR 28868
Final Action 06/08/99 64 FR 30417
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Maria Gomez-Taylor
Phone: 202 260-1639
Email: gomez-
taylor.maria@epamail.epa.gov
William A. Telliard
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD07
3727. EFFLUENT GUIDELINES AND
STANDARDS FOR THE ORE MINING
AND DRESSING POINT SOURCE
CATEGORY, GOLD PLACER MINE
SUBCATEGORY (COMPLETION OF A
SECTION 610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 33 USC 1311; 33 USC
1316; 33 USC 1361; 5 USC 610
CFR Citation: 40 CFR 440
Legal Deadline: None
Abstract: In 1988, EPA issued final
effluent guidelines for the Gold Placer
Mine Subcategory of the Ore Mining
and Dressing Point Source Category. In
the April 27, 1998 issue of the
Regulatory Agenda, EPA announced the
review of the Placer Mine effluent
guidelines under Section 610 of the
Regulatory Flexibility Act, and solicited
public comment on whether additional
changes to that rule would further
reduce impacts on small entities while
still accomplishing the objectives of the
statute authorizing the rule. We did not
receive any comments. In addition to
soliciting public comment, EPA also
reviewed the rule and related factors
to determine whether the Placer Mine
effluent guidelines should be continued
without change, or should be amended
or rescinded, to minimize economic
impacts on small entities while still
complying with the provisions of the
Clean Water Act. EPA completed its
review and concludes that the effluent
limitations for the Gold Placer Mine
Subcategory are a necessary component
of the comprehensive program to
restore and maintain the quality of our
Nation's waters and should be
continued in effect without change.
With this notice, EPA concludes its
section 610 review of this rule.
Completed:
Reason
Date
FR Cite
Final Rule 05/24/88 53 FR 18764
End Review Rule to 09/03/99
remain unchanged.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4133
Sectors Affected: 212221 Gold Ore
Mining
Agency Contact: Ron Kirby,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7168
Fax: 202 260-7185
Email: kirby.ronald@epa.gov
RIN: 2040-AD13
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3728. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Regulatory Plan: This entry is Seq. No.
117 in Part II of this issue of the
Federal Register.
RIN: 2040-AA94
3729. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Regulatory Plan: This entry is Seq. No.
118 in Part II of this issue of the
Federal Register.
RIN: 2040-AA97
3730. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
Regulatory Plan: This entry is Seq. No.
119 in Part II of this issue of the
Federal Register.
RIN: 2040-AB75
3731. LONG TERM 1 ENHANCED
SURFACE WATER
TREATMENT/FILTER BACKWASH
RULE
Regulatory Plan: This entry is Seq. No.
120 in Part II of this issue of the
Federal Register.
RIN: 2040-AD18
3732. USE OF SCREENING
PROCEDURES FOR COMPLIANCE
MONITORING OF DRINKING WATER
CONTAMINANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(f) SDWA
1401; 42 USC 300(g)(l) SDWA 1412; 42
USC 300(j)(4) SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: The 1996 Safe Drinking
Water Act (SDWA) Amendments
require EPA to review new analytical
methods that may be used for regulated
contaminants screening or analysis,
including screening methods. After this
review, EPA may approve such
methods that are deemed more accurate
or cost-effective than established
-------
65160
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
reference methods for use in
compliance monitoring or the
monitoring of unregulated
contaminants. In this regulatory effort,
EPA proposes to integrate the use of
screening methods in the overall
scheme of drinking water compliance
monitoring. Efforts will be made to
keep the proposal consistent with the
Office of Water plan for Performance
Based Methods (PBMS). EPA will
identify regulated contaminates, types
of monitoring and specific areas within
each monitoring framework which are
amenable to the use of screening
methods. A logical application of
screening procedures would be in a
tiered monitoring mode where Tier 1
(screening phase) would identify the
principal problem areas while Tier 2
would use sampling and analysis to
more carefully identify and quantify
specific contaminants. EPA would
identify specific screening methods
which are available for use based on
their performance characteristics,
tolerance to sample interferences,
validation for drinking water analysis
and correlation of results with
traditional instrumental methods. The
use of screening methods is expected
to make drinking water compliance
monitoring cheaper and faster, and
provide flexibility to the Public Water
Systems in the choice of analytical
methods. Laboratory acceptance limits
and other method performance
requirements that were specified under
previous rules will not be changed in
this rule making. This proposal would
only add new analytical methods
and/or analytical approaches and
would not withdraw or modify
previously approved methods.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4212
Agency Contact: Dr. Richard Reding,
Environmental Protection Agency,
Water, U.S.EPA Facilities, Cincinnati,
OH 45268
Phone: 513 569-7961
Fax: 513 569-7191
Email: reding.richard@epa.gov
Dr. Jitendra Saxena, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-9579
Fax: 202 260-3762
Email: saxena.jitendra@epa.gov
RIN: 2040-ADS 1
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3733. REVISIONS TO THE
UNDERGROUND INJECTION
CONTROL REGULATIONS FOR
CLASS V INJECTION WELLS
Priority: Other Significant
Legal Authority: 42 USC 300(h) SDWA
1421 to 1425
CFR Citation: 40 CFR 144: 40 CFR 145;
40 CFR 146
Legal Deadline: NPRM, Judicial, July
18, 1998.
Final, Judicial, November 29, 1999.
Abstract: This rule is formerly known
as Management of Class V Injection
Wells under Part C of the Safe Drinking
Water Act (SWDA). The EPA proposed
changes to the Class V Underground
Injection Control (UIC) regulations that
would add new requirements for
categories of Class V wells that pose
a high risk when located in ground
water-based source water protection
areas being delineated by States under
the 1996 Amendments to the Safe
Drinking Water Act. EPA proposed
these new requirements to address
three categories of wells that it has
identified as posing a high risk of
ground water contamination based on
available information. Class V wells
that may be impacted by the regulation
include motor vehicle waste disposal
wells, industrial waste disposal wells,
and large-capacity cesspools in ground
water-based source water protection
areas. Targeting the requirements to
those wells will achieve substantial
protection of underground sources of
drinking water.
Timetable:
Action
Date
FR Cite
NPRM 08/28/95 60 FR 44652
NPRM 2 Reproposal 07/29/98 63 FR 40585
Final Action 12/00/99
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 2778
Sectors Affected: 4411 Automobile
Dealers: 4412 Other Motor Vehicle
Dealers; 447 Gasoline Stations; 484
Truck Transportation; 485 Transit and
Ground Passenger Transportation; 532
Rental and Leasing Services; 8111
Automotive Repair and Maintenance;
7212 RV (Recreational Vehicle) Parks
and Recreational Camps
Agency Contact: Robyn Delehanty,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-1993
Fax: 202 401-2345
Email: delehanty.robyn@epa.gov
RIN: 2040-AB83
3734. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LEAD AND
COPPER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(1) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA will promulgate
revisions to the National Primary
Drinking Water Regulations for Lead
and Copper published June 7, 1991.
The basic lead and copper regulations
will remain intact; however, EPA will
promulgate minor revisions to refine
specific requirements and improve
implementation of the rule. Some of
these revisions are deregulatory in
nature, in that they will lessen
monitoring requirements for public
water systems which have consistently
shown very low levels of lead and
copper at the tap. EPA also plans to
promulgate changes that will provide
many community water systems more
flexibility in the delivery of lead public
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65161
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
education requirements, and allow
States to invalidate inappropriate
samples. Other revisions would
promote consistent national
implementation by clarifying the
monitoring requirements that apply in
different circumstances. Finally, EPA
plans to respond to a remand in
American Water Works Association v.
EPA, on portions of the Lead and
Copper regulation by promulgating a
revised definition of control as it
applies to lead service line replacement
and to address the current exemption
of transient non-community water
systems from coverage under the rule.
Nationally, EPA estimates the changes
will not affect the cost or benefits of
the Lead and Copper Rule significantly.
State governments may experience a
minor increase in costs as a result of
these revisions. Many local and tribal
governments and small businesses that
operate public water systems should
experience a small decrease in annual
costs.
Timetable:
Action
NPRM
NOA
NOA
Final Action
Date
04/12/96
04/22/98
08/18/98
11/00/99
FR Cite
61 FR 16348
63 FR 20038
63 FR 4421 4
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 344
Agency Contact: Judy Lebowich,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7595
RIN: 2040-AC27
3735. REFORMATTING OF DRINKING
WATER REGULATIONS
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: This rule reformats the
current drinking water regulations to '
make them easier to understand and
follow. This rule is not intended to
change any of the regulatory
requirements. The rule affects State,
local and tribal governments in that it
makes the rules easier to implement
and thus facilitates their jobs.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
Direct Final Rule 03/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3563
Agency Contact: Evelyn Washington,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-3029
RIN: 2040-AC41
3736. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADIUM,
URANIUM, ALPHA, BETA AND
PHOTON EMITTERS
Priority: Other Significant
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Final, Judicial,
November 18, 2000, for Uranium.
Other, Judicial, November 30, 2000, See
additional information.
Abstract: Standards for radium, alpha,
and beta and photon emitters were
promulgated in 1976. They were
included in the list of 83 contaminants
for regulation (because they had MCLs
but not MCLGs), along with uranium
and radon, in the 1986 Safe Drinking
Water Act (SDWA) Amendments.
Regulations for uranium, radium 226,
radium 228, and gross alpha and beta
particles were proposed on July 18,
1991. The 1991 proposal was to raise
the standard for radium 226/228 from
combined level of 5 pCi/1 to a separate
standard of 20 pCi/1, and proposed
uranium at 20 ug/1. Pursuant to court
order, EPA will take final action on
proposed uranium regulations by
November, 2000, and final action on
radium, alpha, beta, and photon
emitters or state reasons for not taking
final action by November, 2000.
ANPRM
NPRM
NODA
Final Action
09/30/86 51 FR 34836
07/18/91 56 FR 33050
11/00/99
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3992
Judicial Deadline Description: Final or
rationale for not taking final action on
Radium, Alpha, Beta and Photon
emitters.
Agency Contact: David Huber,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-9566
Fax: 202 260-3762
Email: huber.david@epa.gov
RIN: 2040-AC98
3737. NATIONAL PRIMARY AND
SECONDARY DRINKING WATER
REGULATIONS: ANALYTICAL
METHODS FOR CHEMICAL AND
MICROBIOLOGICAL CONTAMINANTS
AND REVISIONS TO LABORATORY
CERTIFICATION REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(f) SDWA
1401; 42 USC 300(g)(l) SDWA 1412
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: In this rule, EPA approves
the use of updated versions of 25
American Society for Testing and
Materials (ASTM), 54 Standard
Methods for Examination of Water and
Wastewater (Standard Methods) and 13
Environmental Protection Agency (EPA)
analytical methods for compliance
determinations of chemical
contaminants in drinking water. EPA is
also approving use of a new medium
and two new methods for simultaneous
determination of total coliforms and E.
coli., a new method for determination
of lead, six new methods for
determination of magnesium, and two
new methods for determination of acid
herbicides. In addition, the Agency is
making several technical corrections or
clarifications to the regulations,
-------
65162
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
amending the regulation to change the
composition of Performance Evaluation
(PE) samples, requiring a successful PE
sample analysis each year for chemical
analyses, and requiring method specific
laboratory certification criteria for
reporting compliance data.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/31/98 63 FR 41133
11/00/99
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations, Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4044
Two previous listed rules in the
Regulatory Agenda have been merged
into this rule. These rules are the
National Primary and Secondary
Drinking Water Regulations: Analytic
Methods for Organic, Inorganic and
Microbiological Contaminants and
Pesticides; SAN 4257; R1N: 2040-AD29
and the National Primary and
Secondary Drinking Water Regulations:
Analytical Methods for Microbes, Lead
and Magnesium; SAN 4221; RIN: 2040-
AD30. These are listed as completed"
elsewhere in the Agenda.
Agency Contact: Dr. Jitendra Saxena,
Environmental Protection Agency,
Water, 4603, Washington, DC 20460
Phone: 202 260-9579
Email: saxena-jitendra@epa.gov
Dr. Richard Reding, Environmental
Protection Agency, Water, U.S.EPA
Facilities, Cincinnati, OH 45268
Phone: 513 569-7961
Fax: 513 569-7191
Email: reding.richard@epa.gov
RIN: 2040-AD04
3738. PUBLIC WATER SYSTEM
PUBLIC NOTIFICATION REGULATION
Regulatory Plan: This entry is Seq. No.
135 in Part II of this issue of the
Federal Register.
RIN: 2040-AD06
3739. DRINKING WATER STATE
REVOLVING FUND REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 300j-12
SWDA 1452 (g)(3)
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: The Safe Drinking Water Act
(SDWA) Amendments of 1996
established a Drinking Water State
Revolving Fund (DWSRF) program to
assist public water systems in financing
the costs of infrastructure needed to
achieve or maintain compliance with
SDWA requirements and to further the
public health objectives of the Act. The
SWDA amendments authorizes the
Administrator of the U.S.
Environmental Protection Agency (EPA)
to award capitalization grants to States,
which in turn provide low cost loans
and other types of assistance to eligible
systems. A State determines the portion
of the funds from the capitalization
grant to conduct set-aside activities and
the remaining grant monies are
deposited into the project Fund to
finance infrastructure projects. Each
State has considerable flexibility, with
minimum Federal requirements
imposed, to determine the design of its
DWSRF program and to direct funding
toward its most pressing compliance
and public health needs. This
regulation is intended to codify the
DWSRF Final Guidelines published in
February, 1997 which explain: what
States must do to receive a DWSRF
capitalization grant; what States may do
with Federal capitalization grant funds;
what States may do with funds the law
intends for activities other than project
construction (set-asides); and the roles
of both the States and EPA in managing
and administering the program. The
DWSRF program helps to ensure that
the Nation's drinking water supplies
remain safe and affordable, that
drinking water systems that receive
funding are properly operated and
maintained, and that permanent
institutions exist in each State to
provide financial support for drinking
water needs.
Timetable:
Action
Interim Final
Final Action
Date
03/00/00
07/00/00
FR Cite
Government Levels Affected: Local,
State
Additional Information: SAN No. 4152
Agency Contact: Kimberley Roy,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-2794
Fax: 202 401-2345
Email: roy.kimberley@epa.gov
RIN: 2040-AD20
3740. • UPDATE OF STATE
UNDERGROUND INJECTION
CONTROL PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l SDWA
Section 1422; 42 USC 300h-4 SDWA
Section 1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in its
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 the codification of this
descriptive information is to clarify
which State requirements in a primacy
State EPA can enforce directly. This
effort is an update of the existing Part
147 and should have no impact on the
regulated community.
Timetable:
Action
Date FR Cite
Direct Final Rule
05/00/00
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4236
Agency Contact: Mario Salazar,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-2363
Fax: 202 260-0732
Email: salazar.mario@epa.gov
Bruce Kobelski, Environmental
Protection Agency, Water, 4606,
Washington, DC 20460
Phone: 202 260-7275
Fax: 260 202-4656
RIN: 2040-AD40
-------
Federal Register/Vol. 64, No. 224/Monday, November" 22, 1999/Unified Agenda
65163
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
3741. • REVISION TO THE INTERIM
ENHANCED SURFACE WATER
TREATMENT RULE (IESWTR) AND
THE STAGE 1 DISINFECTANTS AND
DISINFECTION BYPRODUCTS RULE
(DBPR).
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 300(f)-300(j)
SWDA 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: This action will make minor
revisions to the IESWTR and the DBPR
which were published December 16,
1998. The primary purpose of this
Direct Final Rule is to revise the
compliance date of both rules. A key
outcome of this change will be to shift
the monitoring periods to coincide with
standard quarters, which will facilitate
the implementation of both rules. This
action will also extend the use of new
analytical methods for Total
Trihalomethanes (TTHM), that are
included in these rules, for compliance
with existing drinking water
regulations. The revisions also include
a few minor changes to the regulatory
language which will clarify
interpretation of the regulatory
requirements. EPA intends to publish
technical corrections to these two rules
concurrent with this direct final rule.
Timetable:
Action
Date
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4281
Agency Contact: Heather L. Shank-
Givens, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-0063
Fax: 202 401-6135
Email: givens.heather@epa.gov
FR Cite RIN: 2040-AD43
Final Action
11/00/99
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3742. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: SULFATE
Priority: Other Significant
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
August 6, 2001, Decision whether or
not to regulate.
Abstract: Sulfate is on the list of 83
contaminants required to be regulated
under the Safe Drinking Water Act
(SDWA) of 1986. The contaminant was
deferred from the Phase V regulation
in order to allow the EPA time to focus
on implementation issues arising from
the proposal concerning the risk of
sulfate in drinking water to specific
subpopulations. Sulfate can cause
diarrhea in infants and in adults not
acclimated to high sulfate-containing
water, such as travelers. Persons who
are acclimated to high sulfate-
containing water suffer no adverse
effects from its consumption. Sulfate
occurs naturally in soil and is also
found in surface water as a result of
acid rain. Sulfate is also used as a
reagent in steel and copper industries
and in the manufacture of copper
sulfate, a fungicide/algicide. An
estimated 2,000 systems—serving a
population of 200,000 residents, 1
million travelers, and 30,000 infants—
are likely to be affected by this
regulation. Most of the affected systems
serve populations of less than 3,000
and are transient systems not in service
year-round. EPA proposed but never
finalized several options for compliance
which would be an alternative to
central treatment and less costly. The
1996 amendments to the SDWA call for
a definitive study to resolve remaining
health risk questions. Thereafter, EPA
is to make a determination whether or
not to regulate sulfate. EPA and the
Centers for Disease Control have
conducted the health risk study for
sulfate. The results of the study will
serve as the basis for the Agency's
determination on whether to regulate
sulfate.
Timetable:
Action Date FR Cite
12/20/94 59 FR 65578
02/11/99 64 FR 7028
08/00/01
NPRM
Notice Sulfate Study
Final Action Decision
to regulate or not
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3176
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-9531
Fax: 202 260-3762
Email: dooley.irene@epa.gov
James Taft, Environmental Protection
Agency, Water, 4603, Washington, DC
20460
Phone: 202 260-5519
Email: taft.james@epa.gov
RIN: 2040-AC07
3743. NATIONAL PRIMARY DRINKING
WATER STANDARDS FOR ALDICARB
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300(f) SDWA
sec 1412
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 7 ug/1
each. In response to an administrative
petition from the manufacture Rhone-
Poulenc, the Agency issued an
administrative stay of the effective date.
EPA will reexamine risk assessment
and occurrence data on aldicarb. EPA
will then make a determination of what
further action may be appropriate.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
-------
65164
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3238
Agency Contact: Corry Westbrook,
Environmental Protection Agency,
Water, 4603, Washington, DC 20460
Phone: 202 260-3228
RIN: 2040-AC13
3744. STREAMLINING DRINKING
WATER MONITORING
REQUIREMENTS
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 300(f)(4)
SDWA sec 1445
CFR Citation: 40 CFR 141.2; 40 CFR
141.23; 40 CFR 142.14; 40 CFR 142.16;
40 CFR 142.18
Legal Deadline: Final, Statutory,
August 6, 1998.
Abstract: The current drinking water
monitoring requirements vary by
contaminant (e.g., inorganic vs.
organic), the source of the supply (i.e.,
surface water vs. ground water) and by
system size. After an initial series of
samples, the sampling frequency
increases or decreases based on the
results of the initial series. Because
there are numerous permutations to the
possible frequencies at any one
sampling point, the requirements are
difficult to understand. And because
the requirements presume all systems
are contaminated, many systems have
conducted expensive monitoring
without finding any contamination.
EPA intends to simplify and improve
the cost effectiveness of the current
requirements for chemical
contaminants by reducing the number
of variables upon which the sampling
frequencies turn, by providing greater
latitude for State discretion in
customizing the sampling frequencies
to local circumstances (i e.,
vulnerability to contamination) and by
consolidating subsections wherever
possible. The Agency issued a Federal
Register Notice on July 30, 1998
indicating that the monitoring
requirements had been reviewed and
that no changes were being made at
that time. The Agency, however, is
evaluating additional data to determine
whether any changes may be necessary
in the future and looking at other
options to streamline the regulations.
Timetable:
Action
Date FR Cite
ANPRM
Notice of Review
NPRM
07/03/97 62 FR 36099
07/30/98 63 FR 40709
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3761
Agency Contact: Ed Thomas,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone; 202 260-0910
RIN: 2040-AC73
3745. • 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: 40 USC 300g-l(b)
CFR Citation: 40 CFR 9; 40 CFR 141
to 142
Legal Deadline: NPRM, Statutory,
February 28, 2001.
Final, Statutory, May 31, 2002.
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. EPA is
required to promulgate the Stage 2
DBPR by May, 2002, under the 1996
Safe Drinking Water Act amendments.
In developing the LT2ESWTR, EPA will
analyze a significant body of new
survey data on microbial pathogens in
source and finished waters, as well as
data on parameters which could serve
as indicators of microbial risk. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete picture of
the occurrence of waterborne pathogens
than was available previously. EPA will
also use significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the toxicity of certain
pathogens, to determine effective
regulatory requirements for controlling
microbial risk. On March 30, 1999 EPA
established a committee of stakeholders
under the Federal Advisory Committee
Act (FACA) to assist in the
development of these rules. The FACA
committee is scheduled to make
recommendations on rule options to
EPA in April, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4341
Agency Contact: Dan Schmelling,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-1439
Fax: 202 401-6135
Email: schmelling.dan@epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
RIN: 2040-AD37
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda
65165
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
3746. • STAGE 2
DISINFECTANTS/DISINFECTION
BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 40 USC 300g-l(b)
CFR Citation: 40 CFR 9; 40 CFR 141
to 142
Legal Deadline: NPRM, Statutory,
February 28, 2001.
Final, Statutory, May 22, 2002.
Abstract: The 1996 Safe Drinking
Water Act Amendments require EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule (Stage 2 DBPR) by May, 2002. EPA
plans to propose this rule in February,
2001. The Regulation, along with a
Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. EPA is
required to promulgate the Stage 2
DBPR by May, 2002, under the 1996
Safe Drinking Water Act amendments.
In developing the Stage 2 DBPR, EPA
will analyze a significant body of new
survey data on source water quality
parameters and disinfection byproduct
formation and occurrence. This survey
data, which was collected under the
Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete picture of
the occurrence of DBFs than was
available previously. EPA will also use
new information on the health effects
of exposure to DBPs to determine
effective regulatory requirements for
controlling risk. On March 30, 1999
EPA established a committee of
stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these
rules. The FACA committee is
scheduled to make recommendations
on rule options to EPA in April, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4342
Agency Contact: Jennifer McLain,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-0431
Fax: 202 401-6135
Email: mclain.jennifer@epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
RIN: 2040-AD38
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3747. DRINKING WATER
UNREGULATED CONTAMINANT
MONITORING PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141.35(a) to (d);
40 CFR 141.40(a) to (n)
Completed:
Reason
Date
FR Cite
NPRM
Final Action
04/30/99 64 FR 23397
09/17/99 64 FR 50555
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Charles Job
Phone: 202 260-7084
Fax: 202 260-3762
Yvette Selby
Phone: 202 260-4050
RIN: 2040-AD15
3748. FILTER BACKWASH
RECYCLING REGULATION
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 141; 40 CFR 142
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Steve Potts
Phone: 202 260-5015
Fax: 202 410-6135
Email: potts.steve@epa.gov
RIN: 2040-AD17
3749. NATIONAL PRIMARY AND
SECONDARY DRINKING WATER
REGULATIONS: ANALYTIC METHODS
FOR ORGANIC, INORGANIC AND
MICROBIOLOGICAL CONTAMINANTS
AND PESTICIDES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141; 40 CFR 143
Completed:
Reason
Date
FR Cite
Direct Final Rule 09/03/98 63 FR 47097
NPRM 09/03/98 63 FR 47115
Direct Final Withdrawn 12/31/98 63 FR 72200
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Jitendra Saxena
Phone: 202 260-9579
Email: saxena-jitendra@epa.gov
RIN: 2040-AD29
-------
65166
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999 / Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Completed Actions
3750. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ANALYTICAL
METHODS FOR MICROBIAL, LEAD
AND MAGNESIUM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141.21; 40 CFR
141.23
Completed:
Reason
Date
FR Cite
NPRM
01/14/99 64 FR 2538
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Paul S. Berger
Phone: 202 260-3039
Email: berger.paul@epa.gov
RIN: 2040-AD30
Environmental Protection Agency (EPA)
Marine Protection Research and Sanctuary Act (MPRSA)
Long-Term Actions
3751. REVISIONS TO OCEAN
DUMPING REGULATIONS FOR
DREDGED MATERIAL
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1401 et seq
MPRSA
CFR Citation: 40 CFR 225; 40 CFR 227;
40 CFR 228
Legal Deadline: None
Abstract: This rulemaking would revise
the regulations applicable to the ocean
dumping of dredged material. Issuance
of these regulations would respond to
the decision in National Wildlife
Federation v. Costle, 629 F. 2d. 118 (DC
Cir.1980) and incorporate program
experience gained since the issuance of
the current regulations in 1977. The
revisions will make necessary technical
changes and will improve the clarity
of the regulations, with supporting
technical guidance on disposal site
selection, site management, and site
monitoring. These revisions will clarify
issues that have caused delays in the
evaluation of permit applications. The
regulations will improve environmental
assessments of permit applications, and
improve the protection of benthic
communities in the vicinity of a dump
site. The regulations will affect local
governments if they are responsible for
maintenance of navigable waters by
dredging and request a permit for
disposal of dredged material in the
ocean.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/02
12/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 2737
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504F, Washington, DC 20460
Phone: 202 260-9179
RIN: 2040-AB62
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Final Rule Stage
3752. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-6-88
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 U.S.
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
NPRM
Final Action
Date
08/30/94
12/00/99
FR Cite
59 FR 44798
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 282
Agency Contact: James Woodley,
Environmental Protection Agency,
Water, 4504F, Washington, DC 20460
Phone: 202 260-1998
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/Unified Agenda 65167
EPA—Shore Protection Act (SPA) Final Rule Stage
Email: woodley.james@epamail.epa.gov
RIN: 2040-AB85
(FR Doc. 99-27970 Filed 11-19-99; 8:45 am
BILLING CODE 6560-50-F
-------
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64023
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Regulatory and
Deregulatory Priorities
An Era of Opportunity
During the past 29 years, the Nation
has made great headway in cleaning up
the air, water, and land. But as the next
century approaches, we are finding that
many problems remaining are more
complex than those of the past, and they
require more sophisticated, tailor-made
remedies. EPA has undertaken to
rethink its current public health and
environmental strategies to better meet
the challenges of today and the future.
And because this effort comes at the
same time the President and Vice
President are calling for a Government
that works better and costs less, EPA has
an unprecedented opportunity to
develop tough but flexible, new
protections that not only solve today's
difficult problems but do so in cheaper
and smarter ways.
Building a Better System
EPA's efforts to develop a system that
works better and costs less are focused
on five areas: Greater public access to
information; more regulatory flexibility
to obtain better results; stronger
partnerships with States, Tribes, and
industries; more compliance assistance;
and less paperwork and red tape. We are
pursuing this through every possible
venue, internally and externally, and we
can already see results.
Internally, EPA has streamlined its
management, restructured programs,
and given EPA employees broader
responsibilities. For example, enforcers
are emphasizing compliance assistance,
permitters are paying more attention to
pollution prevention and market
mechanisms, and rule writers are
developing public health and
environmental protections that include
alternatives proposed by regulated
entities. These are innovative
alternatives that are less costly but
which still meet environmental and
public health protection goals.
Externally, EPA is bringing together
stakeholders from businesses, State,
local, and Tribal governments, as well
as labor and public interest groups so
that all interested parties can participate
in the design of environmental and
public health protections. This
stakeholder involvement increases
flexibility, promotes local stewardship,
and helps establish and strengthen
partnerships between the public and
private sectors—all without sacrificing
environmental or public health goals.
And, as compliance with today's
environmental laws comes to be
regarded as a floor to maintain rather
than a ceiling to be reached, EPA is
offering flexibility that encourages
facilities to go beyond the minimum
baseline requirements and continuously
improve environmental performance.
EPA has sharpened its focus on
protecting the health of children by
evaluating data to take into account
their unique characteristics and
vulnerabilities. In November 1998, the
Agency published the final EPA Rule
Writer's Guide to Executive Order
13045. This Guidance advises EPA rule
writers and risk assessors in considering
risks to children during the
establishment of public health-based
and risk-based standards. The Guidance
has resulted in an evaluation of
children's environmental health for
economically significant rules. It further
provides rule writers with additional
guidance on considering children's
health in all applicable EPA rules, even
those that are not categorized as
economically significant, consistent
with EPA's 1995 policy on Evaluating
Health Risks to Children. Since 1997,
EPA has conducted an inclusive public
process through the Children's Health
Protection Advisory Committee
(established under the Federal Advisory
Committee Act.) The Committee
recommended to the Administrator the
following existing standards for
reevaluation to ensure that they protect
children's health: the chloralkali
NESHAP; pesticide tolerances for
atrazine; the MCL for atrazine; pesticide
tolerances for dimethoate, chlorpyrifos,
methyl parathion; and the (Farm)
Worker Protection Standard. EPA is
currently in various stages of work to
evaluate these standards.
Providing Greater Public Access to
Information
To enhance the ability of the
regulated community to comply with
environmental requirements the Agency
committed itself to make available its
policy and guidance documents through
the Internet The Agency also set the
end of FY 2000 as the date by which this
would be achieved. With that goal in
sight, the Agency expects to provide the
public and in particular, the regulated
community, with a single location on
the EPA web site where Agency
documents which interpret statutory
and regulatory requirements can be
located regardless of issuing
organization.
With more than 40 million visits to
EPA's Web site every month, public
demand for high-quality environmental
information has never been greater. To
meet this and other related demands,
EPA is establishing its first internal
organization to deal comprehensively
with environmental information. In
addition to improving data quality and
streamlining reporting, this move will
advance community right-to-know
opportunities for citizens and improve
our ability to analyze environmental
conditions.
Recognizing the effect that public
disclosure can have on environmental
performance, the Agency took action to
make more environmental information
publicly available. We recently
expanded reporting under the Toxic
Release Inventory for persistent,
bioaccumulative chemicals, such as
dioxin and mercury, by almost 25
percent. Other actions will give
Americans access to information about
the hazards from lead-based paint when
renovating or remodeling their homes,
whether their drinking water meets
federal public health standards, and the
potential risks from facilities in their
neighborhoods that produce, use, or
store chemical products.
A new program announced by Vice
President Gore challenges the chemical
industry to provide needed information
on about 2,800 of the nation's most
widely used toxic chemicals. By
agreeing to conduct any necessary
toxicity testing and to report the results
publicly, companies can help resolve
remaining questions about risk levels
and avoid the need for further
regulation.
More Regulatory Flexibility
To obtain better results, EPA is also
giving businesses, communities, and
Tribes more flexibility in how they
fulfill their responsibilities to protect
public health and the environment. For
example, a rule for the pulp and paper
industry — the Agency's first-ever
integrated, multimedia rulemaking —
allows companies to delay compliance
with new water-pollution control
requirements if they commit to go
beyond compliance and installing more
advanced technologies.
Through a program called Project XL,
EPA encourages companies to use
flexible alternative regulatory strategies
if they agree to go beyond compliance
— and involve stakeholders along the
way.
-------
64024
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
Stronger Partnerships with States,
Tribes, and Industry
EPA recognizes that a new and
improved system of environmental
protection must include stronger
partnerships between the public and
private sectors, and among the States,
Tribes and the Federal Government. It
would also include a greater role for
citizens in community-based
decisionmaking. The Agency has taken
several steps to improve these
relationships and involve citizens. For
example, the Agency offers Brownfields
grants and Sustainable Development
Challenge Grants that give communities
the resources necessary to clean up
contamination, especially from
abandoned industrial sites, and to
restore environmental quality and
provide environmentally sound
economic opportunities. In addition, by
providing better public access to
environmental data, as discussed above,
EPA is working to empower citizens so
that they can be informed participants
in environmental decisionmaking
processes at national. State, Tribal, or
local levels.
EPA, States, and Tribes are
reinventing their working relationship
to strengthen management of the
Nation's environmental programs.
Under the National Environmental
Performance Partnership System
(NEPPS), EPA has negotiated
agreements with 32 States. NEPPS is
designed to give States greater flexibility
to direct resources where they are
needed most, based on environmental
conditions and program needs, and to
tailor EPA's oversight and technical
assistance to each State's particular
situation. As part of the partnership
effort, EPA and States are collaborating
in the development of core performance
measures that should strengthen EPA's
ability to measure environmental
progress over the long term. The core
measures include a mix of activity and
environmental measures and will be
refined over time, particularly to
increase the focus on environmental
results as environmental indicators
become more available. In another move
to strengthen State/EPA partnerships
EPA and the States have approved a
formal agreement on how to manage
testing of innovative environmental
management strategies within the
current regulatory framework.
To strengthen the relationship
between the private and public sectors,
EPA is consulting with regulated
industries earlier in its rule
development processes. EPA sometimes
employs formal consensus-based
rulemaking, such as regulatory
negotiation. More frequently, however,
the Agency depends on less formal
outreach to potentially affected parties.
The Agency has paid particular
attention to its relationship with small
businesses and, in fact, EPA has long
been prominent among Federal agencies
in its outreach to these small entities.
The Agency not only vigorously carries
out the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA) and the Regulatory Flexibility
Act (RFA), but it also uses its Small
Business Ombudsman and its Office of
State and Local Relationships to reach
out to small entities.
More Compliance Assistance
Once EPA establishes public health
and environmental protection rules, the
Agency must ensure that businesses and
others can understand and comply with
them. This is particularly important for
small businesses and communities that
have limited staff and resources. To
help these small entities, EPA
established sector-specific compliance
assistance centers to serve as direct,
readily available sources of information
on the latest regulatory requirements.
EPA has established nine centers to
support the following sectors: printed
wiring board manufacturing; auto
service and repair; printing; agriculture;
metal finishing; transportation; local
government; chemical manufacturing;
and paints and coatings.
EPA is also offering to reduce or
eliminate penalties for violations if
small businesses establish programs to
detect, publicly disclose, and fix
problems—if the violation does not
involve criminal activity or a serious
risk to public health or the environment.
Besides making life easier for businesses
and other regulated facilities, these
steps can help prevent pollution and
lessen the burden and expense of
cleanup.
Streamlining Regulatory and
Paperwork Burdens
The Agency continues to examine
existing environmental regulations and
paperwork to simplify and streamline
compliance for the regulated
community. This is consistent with the
President's announcement in February
1995 that all Federal agencies must
conduct line-by-line reviews of their
regulations and eliminate those that are
obsolete or redundant. In March 1995,
EPA set a goal of reducing by 25 percent
paperwork burden associated with
requirements in effect on January 1,
1995. By September 30, 1995, EPA had
achieved six million hours in reductions
from this baseline. Following
reauthorization of the Paperwork
Reduction Act starting in October 1995,
EPA revised its goal while reaffirming
its commitment to the reduction of
paperwork burdens. During the 3-year
period from October 1, 1995, through
September 30, 1998, EPA completed
reductions of over 22 million hours and
another 4 million hours is projected by
the September 30, 2000. Reductions
during this period will be offset by the
addition of approximately 49 million
burden hours from new regulations and
upward revisions of previous burden
estimates. More than two-thirds of this
offset is due to strengthening of the
community right-to-know initiative.
Some examples of regulatory and
paperwork streamlining are:
• Proposed Consolidated Air Rule for
Chemical Manufacturers
A proposed rule that consolidates 16
federal air regulations into a single
guideline could save the average U.S.
chemical plant about 1,700 hours or
$80,000 a year in the future. The
proposal, which represents the first
consolidated rule ever under the Clean
Air Act, would be voluntary. Plant
managers could opt to comply with the
consolidated rule or continue operating
under the 16 existing rules.
• Streamlined Certification Process for
Auto Makers
A streamlined process for certifying
that new passenger cars and trucks meet
federal standards for air pollution
emissions is expected to save
automobile manufacturers an estimated
$55 million a year. Under the proposed
process, testing would be performed on
vehicles actually in use on the nation's
highways rather than on brand new
vehicles. In addition to cutting burden,
the new process creates an incentive for
manufacturers to produce more durable
emissions control equipment and gives
EPA better data for managing real-world
air quality programs.
• Simplified Hazardous Waste
Management Requirements
The Agency addressed several barriers
that have prevented common sense
practices in managing hazardous wastes.
Reforms to the 20-year-old program for
managing polychlorinated biphenyls, or
PCBs, are expected to produce cost
savings estimated at between $ 178
million and $736 million each year.
New treatment standards for land
disposal of hazardous waste will
facilitate cleanups of contaminated
sites. Another regulation simplifies the
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64025
cleanup and closure of hazardous waste
disposal facilities.
Highlights of EPA's Regulatory Plan for
1999
EPA's regulatory plan for 1999 reflects
the Agency's continuing commitment to
create new environmental protection
strategies that better protect public
health and the environment at lower
cost.
Here are highlights of our upcoming
rules:
Office of Air and Radiation Highlights
One of the most significant events for
the Office of Air and Radiation (OAR)
since the publication of the last
Regulatory Plan was an adverse court
decision regarding EPA's air quality
standards. As summarized below, EPA
is appealing this decision, and is re-
evaluating its implementation program
while it awaits legal resolution of this
situation. To assure air quality progress
in the interim, EPA has reinstated the
one hour ozone standard in areas where
it had previously been revoked.
Meanwhile, EPA remains committed to
taking advantage of the flexibility
granted by the Clean Air Act that
enables companies, States, and
communities to meet clean air goals
with low-cost approaches. The
following paragraphs summarize the
most significant of OAR's activities.
• In 1997, EPA established new, more
stringent air quality standards for
ozone and particulate matter based on
new scientific and technical
information. The new standards were
designed to offer increased protection
for public health and the
environment, and EPA began
pursuing a commonsense
implementation strategy that would
give States and industry flexibility
with which they can meet these air
quality goals. However, on May 14,
1999, a three-judge panel of the D.C.
Circuit found that the Clean Air Act
provision authorizing the new
standards is unconstitutional as EPA
applied it. This decision did not call
into question the scientific basis for
the new standards, only the procedure
by which they were established. EPA
has appealed this decision and
intends to vigorously defend the
standards in court. However, until the
matter is resolved in court, EPA must
defer to the panel's decision, and is
re-evaluating this implementation
strategy to decide which parts of it
can continue and which parts must be
put on hold during the litigation.
• To achieve further emission
reductions mandated by the Clean Air
Act, EPA is developing the Tier II
rulemaking which will propose the
next generation of emission standards
for light-duty vehicles and light-duty
trucks. The primary focus of this
action will be reducing emissions of
nitrogen oxides and non-methane
hydrocarbons, pollutants which
contribute to ozone pollution. The
rulemaking will also propose
limitations on the sulfur content of
gasoline available nationwide. Sulfur
in gasoline has a detrimental impact
on catalyst performance and could be
a limiting factor in the introduction of
advanced technologies on motor
vehicles.
In accordance with Section 801 of the
Energy Policy Act of 1992, EPA is
developing health and safety
standards for protection of the public
from releases from radioactive
materials stored or disposed of by the
Department of Energy in the nuclear
waste repository being constructed at
Yucca Mountain in Nevada.
The Agency has proposed changes to
simplify and streamline the New
Source Review Program, which
requires newly built facilities or those
undergoing major modification to
obtain a permit to ensure that
emissions will not cause or contribute
to air pollution problems. A final
rulemaking is expected late in 1999.
EPA, building on successful State
programs, has been working with
stakeholders to develop a more
streamlined way for facilities to get
operating permit updates from State
or local agencies. Depending on the
environmental significance of the
change, States would have greater
flexibility to decide the appropriate
amount of EPA and public review for
most permit revisions.
In August of 1997, EPA completed a
comprehensive revision to streamline
its regulations on transportation
conformity. On March 2, 1999, the
U.S. District Court for the District of
Columbia overturned parts of that
1997 revision, including the
provisions governing which projects
can proceed without a conforming
transportation plan and when States
can use State Implementation Plans
that EPA has not approved. The
Administration's initial response to
this court decision was to issue
guidance from EPA and the
Department of Transportation dealing
with the issues in question. EPA is
now developing a rule to respond to
these court decisions that will
formalize this guidance and deal
definitively will all the issues raised
by the court.
• From discussions with affected
industries, EPA has learned that many
companies find it difficult to know
what we expect of them given the
growing complexity of the regulatory
system during the last 29 years. In
many cases, regulations may be
duplicative, overlapping, or
inconsistent, especially in the areas of
monitoring, recordkeeping, and
reporting. In response to these
problems, in October 1998 EPA
proposed a rule intended to
consolidate and synchronize all
Federal air regulations that apply to
the synthetic organic chemical
manufacturing industry. If this pilot
program proves successful, we will
expand it to cover other industries.
The final rule on the pilot program is
expected by the end of 1999.
To date, our air toxics program has
focused primarily on getting broad
emission reductions from large
industrial sources through
technology-based standards. Since
1990, EPA has issued standards
affecting 77 different industries, such
as petroleum refineries and chemical
manufacturing plans. When fully
implemented, these standards will
reduce more than one million tons of
toxic air emissions per year.
Additionally, through other efforts
such as the phase-out of lead in
gasoline, we have significantly
reduced air toxics from cars and
trucks. We are continuing to set
technology-based standards for large
industries, and will complete more
than 80 additional standards over the
next few years. The rule listed in this
year's Regulatory Plan — industrial
boilers, institutional/commercial
boilers — is among the most
significant remaining categories to be
regulated under this program. While
working on these standards, we are
beginning to evaluate those sources
with standards already in place to
determine if the remaining risk from
these sources warrants additional
regulation. We are also implementing
our Urban Air Toxics Strategy, which
focuses on 33 air toxics that pose the
greatest risk in the largest number of
urban areas and presents our plan,
both nationally and more locally, to
reduce those toxics. Finally, to better
understand and measure risks from
air toxics, we are also conducting
important health research and
improving our emissions inventories,
modeling capability, and monitoring
network.
On May 22, 1996, EPA published its
final decision not to revise the
primary sulfur dioxide NAAQS. The
-------
64026 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
notice stated that EPA would shortly
propose a new implementation
strategy to help States in addressing
short-term peaks of sulfur dioxide.
The new implementation strategy -
the Intervention Level Program - was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals
for the D.C. Circuit for a judicial
review of EPA's decision not to
establish a new 5-minute NAAQS. On
January 30, 1998, the court found that
EPA did not adequately explain its
decision and remanded the case so
EPA could explain its rationale more
fully. EPA published a schedule for
responding to the remand in the May
5, 1998 Federal Register. The
schedule calls for a final response to
the remand by December 2000. Any
final action on the intervention level
program would occur no sooner than
December 2000.
• On April 15, 1998, the EPA
promulgated an integrated regulation
for the pulp and paper industry that
includes both effluent guidelines and
air emission standards to control the
release of pollutants to both the water
and the air from the most important
emission sources at pulp and paper
facilities. At the same time, the EPA
proposed air emission standards for a
final group of combustion sources at
these facilities. These air standards
are scheduled to be completed by the
end of the year 2000.
Office of Water Highlights
On August 6, 1996, President Clinton
signed the Safe Drinking Water Act
(SOWA) Amendments of 1996 which
laid out requirements to strengthen the
nations drinking water program. These
amendments directed EPA to further
improve the quality of drinking water
and protect public health by requiring
the following actions:
• The National Primary Drinking Water
Regulation (NPDWR) for Radon will
reduce exposure to radon in homes.
The regulation recognizes that the
public health problem from radon in
indoor air typically far exceeds the
health risks of breathing radon
released to the air from showers,
sinks, or drinking water . The rule,
therefore, lays out a unique
framework that allows States and/or
systems to adopt multimedia
programs which reduce radon risks
from indoor air and drinking water in
combination. States and systems that
choose this option will focus risk
reduction on the greatest threat
(indoor air), while spending much
less money to comply with these rules
than if they focused on drinking water
alone.
• The NPDWR for Ground Water sets in
place an increasingly targeted strategy
to identify ground water systems that
are vulnerable to microbial
contamination. The multiple barrier
approach, of this rule relies on 4
major components (inspections,
monitoring, corrective action, and
treatment) which, in combination,
EPA believes strikes an appropriate
balance between the intensity or
burden of protective measures against
microbial contamination and follow-
up action to the risk being addressed.
• The NPDWR for Arsenic is another
rule mandated by the 1996 SDWA
Amendments. Presently, the arsenic
standard is 50 ug/1. The National
Academy of Science, however, issued
a report in March 1999 that urged
EPA to lower the drinking water
standard, based on conclusive
evidence that inorganic arsenic causes
bladder, lung and skin cancer in
humans. EPA will decide what that
appropriate level is, balancing health
risk reduction benefits and the costs.
• The Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule contains provisions that require
surface water treatment for public
water systems serving 10,000 or fewer
people and that govern the recycle of
filter backwash within the treatment
process of all public water utilities.
EPA believes that implementing the
provisions contained in this rule will
improve public health protection in
three ways. First, it will reduce the
level of Cryptosporidium in finished
drinking water supplies through
improvements in filtration and
recycle practices. Second, the reduced
level of Cryptosporidium will reduce
the likelihood of outbreaks of
cryptosporidiosis, which usually
causes symptoms such as abdominal
discomfort and nausea in healthy
individuals and possibly death to
sensitive populations such as children
and the immunocompromised. Third,
the filtration provisions of the rule are
expected to increase the level of
protection from exposure to other
pathogens (i.e., Giardia or other
waterborne bacterial or viral
pathogens).
The amendments also set forth new
public notification provisions for EPA to
better inform customers of the quality of
their drinking water. The new
provisions require EPA to tailor the
frequency and content of the public
notice to the relative risks to public
health and otherwise streamline the
process currently in place. The 1996
amendments (1) require notice within
24 hours for violations posing a serious
public health risk from short term
exposure and give EPA discretion to set
the timing of the notification for all
other violations; (2) give EPA discretion
to set the method of delivery of the
notices as long as the public notice
reaches all persons served; (3) establish
a specific requirement for EPA
consultation with the States in issuing
revised regulations and (4) allow the
primary States to specify alternative
notification requirements (by rule) with
respect to the form and content of the
notice. One other new requirement was
for public water systems to prepare an
annual consumer confidence report
which was implemented as part of a
separate rulemaking (published August
19, 1998). In addition to streamlining
the existing requirements, this rule will
provide quicker and more effective
notification of violations that have a
serious adverse effect and better inform
customers of the risk to their health.
The National Water Quality
Inventory, 1996 Report to Congress
indicates that storm water discharges
are major causes of water quality
impairment, roughly 45 percent of the
identified cases of water quality
impairment of estuarine square miles
surveyed, for example, are attributable
to storm sewer runoff. Pollutants in
discharges from municipal separate
storm sewer systems (MS4s) include
sediment, floatables, oil and grease, as
well as toxic pollutants, metals and raw
sewage from illicit discharges. Studies
indicate that erosion rates from
construction sites are typically an order
of magnitude larger than from other
land uses. Sediment and erosion from
these sites have been shown to severely
impact water quality and aquatic life.
Storm water runoff has also been the
cause of many beach closings and
caused increase gastrointestinal
illnesses in swimmers who swim
adjacent to storm drains. To protect
public health and the aquatic
environment EPA issued the National
Pollutant Discharge Elimination System
(NPDES) existing storm water program
(Phase I) in 1990. The Phase I regulation
addresses storm water discharges from
specific industrial categories, MS4s
serving populations over 100,000, and
construction sites that disturb 5 or more
acres. To further protect American
families and the environment EPA
proposed the Storm Water Phase II rule
and we will issue the final rule by
October 29, 1999. Phase II will expand
the existing national program to smaller
municipalities and construction sites
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64027
that disturb 1 to 5 acres. In this
expansion, EPA is proposing an
exemption for certain sources to be
excluded from the national program
based on the lack of impact on water
quality, as well as to pull in other
sources not regulated on a national basis
based on localized adverse impact on
water quality.
EPA believes that the implementation
of the six minimum measures for small
MS4s should significantly and cost-
effectively reduce pollutants in urban
storm water. Similarly, EPA believes
that implementation of best
management practices (BMPs) at small
construction sites will cause a
significant reduction in pollutant
discharges and an improvement in
surface water quality. EPA expects
significant monetized financial,
recreational and health benefits, as well
as benefits that EPA has been unable to
monetize. These include reduced
scouring and erosion of streambeds,
improved aesthetic quality of waters,
reduced eutrophication of aquatic
systems, benefit to wildlife and
endangered and threatened species,
tourism benefits, biodiversity benefits
and reduced costs for siting reservoirs.
On August 12, 1990, Environmental
Protection Agency Administrator Carol
Browner signed proposed revisions to
the Total Maximum Daily Load (TMDL)
regulations (40 CFR part 130) for
implementing state, territorial,
authorized tribal, and EPA
responsibilities under section 303(d) of
the Clean Water Act. Administrator
Browner also signed proposed revisions
to the National Pollutant Discharge
Elimination System (NPDES) and Water
Quality Standards regulations to
facilitate implementation of TMDLs and
to improve water quality in impaired
waters before TMDLs are established.
These proposed regulatory revisions
address issues of fundamental
importance to cleaning up our Nation's
polluted waters. States and territories
have identified over 20,000 individual
river segments, lakes, and estuaries
across America as polluted. These
polluted waters include approximately
300,000 miles of river and shoreline and
approximately 5 million acres of lakes
— polluted mostly by sedimentation,
nutrients, and harmful microorganisms.
With the overwhelming majority of the
population living within 10 miles of
these polluted waters, these proposed
regulatory revisions will have a
profound impact on the environment
and health of communities across the
country.
The proposed revisions to the TMDL
regulations provide states with clear,
consistent, and balanced direction for
listing waters and developing TMDLs,
resulting in restoration of waterbodies
not meeting water quality standards.
Listing impaired and threatened waters
and establishing TMDLs are
fundamental tools for identifying
remaining sources of water pollution
and achieving water quality goals.
Clean-up plans developed under this
regulatory proposal will help to restore
the health of thousands of miles of river
and shoreline and make millions of lake
acres safe for fishing, swimming and
other activities.
The proposed revisions to the NPDES
and water quality standards regulations
(40 CFR parts 122, 123, 124 and 131) are
designed to achieve reasonable further
progress toward attainment of water
quality standards in impaired
waterbodies after listing and pending
TMDL establishment, and to provide
reasonable assurance that TMDLs, once
completed, will be adequately
implemented. Federal implementation
through NPDES permits, in the absence
of State, Territorial, or Tribal
implementation, will ensure that the
clean-up plans will work.
Pollution from concentrated animal
feeding operations (CAFOs) potentially
can reach waters of the United States
through discharges from waste storage
and containment areas and from areas
where waste is applied to the land as a
nutrient or soil amendment. The
potential for polluted discharges from
these areas is especially high during
periods of heavy rain when waste
storage and disposal systems and the
soil's assimilation capacity are likely to
be overwhelmed. Discharges from
CAFOs can lead to degradation of
surface waters due to the addition of
nutrients, micronutrients, salts, BOD,
various pathogens and other pollutants.
Currently, certain CAFOs are
regulated through permits issued under
the National Pollutant Discharge
Elimination System (NPDES). These
permits specify appropriate discharge
standards based on either promulgated
effluent limitation guidelines and/or
permit writers' best professional
judgment. EPA promulgated the
regulations describing the NPDES
regulatory process for CAFOs in 1976. It
also promulgated effluent limitation
guidelines applicable to feedlots in 1974
and 1975.
EPA is re-examining and plans to
revise the existing NPDES and effluent
guideline regulations related to CAFOs
due to: Changes within the animal
agriculture industry since the rules were
promulgated in the 1970s; new animal
and waste management techniques;
improved understanding of the water
quality impacts associated with CAFO
waste management; and issues
associated with implementing the
existing regulations. The types of
changes that are being considered, but
may not necessarily be adopted,
include: requirements to develop and
implement nutrient management plans;
requirements regarding land application
of manure; requirements regarding
treatment of manure, litter and
wastewater to reduce manure
constituent concentrations; installation
of controls to contain animal waste; Best
Management Practices; establishing
numeric discharge limitations;
additional sampling and monitoring,
reporting and record keeping; and
revising the regulatory scope.
Office of Prevention, Pesticides, and
Toxic Substances Highlights
The Food Quality Protection Act
(FQPA) overhauled U.S. pesticides laws,
enhancing protections related to
pesticide residues in food by requiring
aggregate and cumulative risk
assessments, with a special emphasis on
children and infants. EPA currently has
underway the Pesticide Tolerance
Reassessment Program, a 10-year
program to reevaluate the safety of all
pesticide residues in food. Under this
program, EPA has now completed
reassessment of the first third of the
pesticide residues in foods. In addition,
the Agency is establishing an Endocrine
Disrupter Screening and Testing
Program based on the recommendations
of the advisory committee established
by EPA to consider human health and
ecological effects; estrogenic,
androgenic, anti-estrogenic, anti-
androgenic, and thyroid effects of
pesticides, industrial chemicals and
drinking water contaminants.
The Chemical Right-to-Know
Initiative, which was announced by the
Vice President in April 1998, challenges
industry and directs the Agency to
establish programs and/or promulgate
regulations that would provide baseline
toxicity information for approximately
3,000 widely used commercial
chemicals, additional health effects
information for those chemicals to
which children are disproportionately
exposed; and the listing and lowering of
the reporting threshold for persistent,
bioaccumlative, toxic chemicals
reported under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA). This
information will better enable
-------
64028 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
communities to understand the nature
of toxic releases and potential risks at
the local level, as well as decide local
priorities.
With almost a million children under
5 with blood-lead levels exceeding the
Center for Disease Control's level of
concern (10 ug/dl), reducing the
opportunities for childhood lead
poisoning resulting from activities
associated with lead-based paint
activities continues to be a priority for
the Agency. Elevated blood-lead levels
can lead to reduced intelligence and
neuro-behavioral problems in young
children, and can cause other health
problems in children and adults. EPA is
working on a final regulation to replace
the existing interim guidance that
identifies lead-based paint, lead-
contaminated dust, and lead-
contaminated soil hazards. EPA is
considering proposed approaches to
address lead risks associated with
renovation and remodeling activities. To
help reduce the costs related to the
abatement of lead-based paint hazards,
EPA is working on final rules which
would address the disposal of lead-
based paint debris.
EPA expects to issue a final rule
which would require EPA-approved
Pesticide Management Plans (PMPs) for
certain pesticides that have a high
groundwater contamination potential.
Through a PMP, a State or Tribe may
commit to both EPA and the public that
they will manage the use of a particular
pesticide in a way that avoids
unreasonable risks to groundwater that
would otherwise warrant the
cancellation of the use of that particular
pesticide. The PMP program was
developed in partnership with State and
Tribal representatives.
Office of Solid Waste and Emergency
Response Highlights
The Office of Solid Waste and
Emergency Response (OSWER) is
planning a number of actions to
streamline and simplify compliance
under the Resource Conservation and
Recovery Act (RCRA), the Federal law
governing hazardous waste
management. As part of its effort to
refocus hazardous waste regulation on
high-risk wastes, EPA is undertaking a
number of actions to tailor standards to
the nature or degree of risk posed by
particular wastes.
• EPA seeks to streamline the regulation
of listed hazardous wastes. Certain
regulations may be overly broad in
that they apply regardless of the
concentrations of chemicals within
listed wastes. As a result, they
regulate certain low-risk wastes (in
particular, treatment residuals) as if
they posed high risk. EPA plans to
propose concentration-based
exemptions that could grant relief to
some of these lower risk wastes from
the full management requirements
designed for higher risk hazardous
waste.
The Agency is revising the RCRA
Hazardous Waste Manifest system
because of how much paperwork
burden is associated with the
manifest. Reduction in paperwork
burden is part of the Administration's
Regulatory Reinvention goal of cutting
Government red tape. The Agency
wants to standardize the manifest
program across the states by
introducing a truly uniform manifest
tracking form that can be completed
either manually or electronically. The
chief goal of the manifest system is to
facilitate the safe transportation of
hazardous waste shipments to
appropriate RCRA management
facilities.
The proposed rule on storage,
treatment and disposal of mixed
waste suggests regulatory flexibility in
the management of mixed waste that
is dually regulated by EPA and the
Nuclear Regulatory Commission. The
proposal will take comment on
allowing low-level radioactive mixed
wastes to be conditionally exempt
from the definition of hazardous
waste while it is subject to NRC
regulations and providing certain
conditions are met. When completed,
it is expected to reduce worker
exposures to radiation, costs, and
regulatory requirements.
Over the past few years, the Agency
has worked with stakeholders from
state agencies, industry, and the
environmental community to develop
recommendations to improve the
Agency's permitting programs. These
stakeholders concluded that
permitting activities should be
commensurate with the complexity of
the activity and that permit programs
should be flexible enough to allow
streamlined procedures for routine
permitting activities. The stakeholders
recommended that regulations be
developed to allow standardized
permits for on-site storage and non-
thermal treatment of hazardous waste
in tanks, containers, and containment
buildings. As a result of this
recommendation, the Agency is
proposing to revise the RCRA
regulations to allow this type of
permit.
Office of Administration and Resources
Management Highlights
In 1995, EPA and the States agreed to
develop and carry out the National
Environmental Performance Partnership
System (NEPPS) to: Promote joint
planning and priority setting by EPA
and the States; give States greater
flexibility to direct resources where they
need them most; foster use of integrated
and innovative strategies for solving
water, air, and waste problems; achieve
a better balance in the use of
environmental indicators and
traditional activity measures for
managing programs; and improve public
understanding of environmental
conditions and the strategies being used
to address them.
EPA is announcing its intent to
establish a new subpart governing
Environmental Program Grants to States,
Interstate, and Local Agencies (40 CFR
35, subpart A). The regulation includes
rules applicable to the Performance
Partnership Grant (PPG) program. Under
the PPG program, eligible applicants can
combine environmental program grants
into a single grant in order to improve
environmental performance, increase
programmatic flexibility, and achieve
administrative savings. The proposed
rule was published in the Federal
Register on July 23, 1999. The Agency
anticipates that the regulation will be
made final in December 1999.
Executive Order 13084 addresses the
need for regular and meaningful
consultation and collaboration with
Indian Tribal governments in
developing regulatory policies on
federal matters affecting their
communities. In accordance with this
Executive Order, EPA is announcing its
intent to publish a new subpart
containing Tribal-specific provisions for
environmental program grants and a
new Tribal Performance Partnership
Grant (PPG) program (40 CFR 35,
subpart B). Under the PPG program,
eligible Tribes and Intertribal Consortia
can combine environmental program
grants into a single grant in order to
improve environmental performance,
increase programmatic flexibility,
achieve administrative savings, and
strengthen the government-to-
government partnership between Indian
Tribes and EPA. The proposed rule was
presented in the Federal Register on
July 23, 1999. The Agency anticipates
publishing the final regulation in
February 2000.
In developing all of these actions,
EPA is committed to flexible, cost-
effective regulatory programs that offer
increased protections for public health
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64029
and the environment. EPA welcomes
suggestions from the public to help the
Agency in this effort.
EPA
PRERULE STAGE
102. TRI; ADDITION OF OIL AND GAS
EXPLORATION AND PRODUCTION TO
THE TOXIC RELEASE INVENTORY
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 11013, EPCRA 313; 42 USC
11023; 42 USC 1108; 42 USC 11076
CFR Citation:
40 CFR 372
Legal Deadline:
None
Abstract:
The original Toxics Release Inventory
(TRI) required reporting from facilities
in Standard Industrial Classification
(SIC) codes 20-39. These SIC codes
cover facilities whose primary
economic activity was classified as
manufacturing. This requirement was
specified under the Emergency
Planning and Community Right-To-
Know Act (EPCRA) section
313(b)(l)(A). EPCRA section
313(b)(l)(B) and (b)(2) provide the
Administrator with the authority to add
or delete SIC codes and the discretion
to add particular facilities based on a
broad set of factors. The Environmental
Protection Agency (EPA) has recently
expanded this original list of covered
industries. EPA began additional
analyses to determine whether facilities
which perform exploration and
production of oil and gas should also
be added to the list of facilities covered
under EPCRA section 313. Facilities
recently added include certain electric
generating facilities, waste management
facilities, metal and coal mining,
hazardous waste treatment facilities,
solvent recyclers, and wholesale
distributors of chemicals and petroleum
products.
Statement of Need:
The Emergency Planning and
Community Right-To-Know Act
(EPCRA) was passed to better plan for
and prevent chemical accidents and
emergencies and to provide the public
with access to information regarding
the release and disposition of toxic
chemicals in their communities. The
public access requirements of EPCRA
originally covered facilities operating
within the manufacturing sector. It has
come to EPA's attention that industry
groups not classified within the
manufacturing sector also manage toxic
chemicals and that information
concerning their management practices
is limited and generally not publicly
available in the manner provided by
EPCRA section 313. EPA believes that
activities conducted by oil and gas
exploration and production facilities
involve toxic chemicals and may be
associated with wastes that are
managed for which limited information
is publicly available. EPA believes that
information related to the management
of wastes associated with oil and gas
exploration and production activities
may significantly contribute to the
public's knowledge of the release and
disposition of toxic chemicals in the
environment.
Summary of Legal Basis:
This requirement was specified under
the Emergency Planning and
Community Right-To-Know Act
(EPCRA) section 313(b)(l)(A). EPCRA
section 313(b)(l)(B) and (b)(2) provide
the Administrator with the authority to
add or delete SIC codes and the
discretion to add particular facilities
based on a broad set of factors. The
statute as originally passed required
reporting from facilities in Standard
Industrial Classification (SIC) codes 20-
39 only. The Environmental Protection
Agency (EPA) has recently expanded
this original list of covered industries.
Alternatives:
Based on currently available
information, existing sources of
information are incomplete and do not
satisfy the need of making publicly
available information on the release
and disposition of toxic chemicals in
communities.
Anticipated Cost and Benefits:
Based on the current status of the
project, anticipated costs are unknown.
Estimated costs for compliance with
EPCRA section 313 reporting
requirements are available, but until
further evaluation is completed no
estimates are available for the impact
of the resulting requirements. Equally
true, until further evaluations are
performed, estimated benefits cannot be
accurately calculated. Generally,
anticipated benefits will be in the form
of making available more complete
information regarding the release and
disposition of toxic chemicals in the
environment.
Timetable:
Action
Date
FR Cite
ANPRM
09/00/00
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 4023
Program is implemented at the Federal
level. States are designated as co-
recipients of the information, but are
not required to manage the information
in any particular manner.
Sectors Affected:
211111 Crude Petroleum and Natural
Gas Extraction
Agency Contact:
Tim Crawford
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7408
Washington, DC 20460
Phone: 202 260-1715
Email: crawford.tim@epamail.epa.gov
Maria J. Doa
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7408
Washington, DC 20460
Phone: 202 260-9592
Email' doa.maria@epa.mail.epa.gov
RIN: 2070-AD19
-------
64030 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
EPA
PROPOSED RULE STAGE
103. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority:
Economically Significant
Legal Authority:
42 USC 7409, CAA sec 109
CFR Citation:
40 CFR 50.4; 40 CFR 50.5
Legal Deadline:
Final, Judicial, December 31, 2000.
Abstract:
On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure.
On March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. The schedule calls for a final
response to the remand by December
2000. Any final action on the
intervention level program would occur
no sooner than December 2000.
Statement of Need:
Brief exposures to elevated
concentrations of sulfur dioxide, while
at exercise, may cause
bronchoconstriction, sometimes
accompanied by symptoms (coughing,
wheezing, and shortness of breath), in
mild to moderate asthmatic individuals.
The existing sulfur dioxide National
Ambient Air Quality Standard
(NAAQS) provides substantial
protection against short-term peak
sulfur dioxide levels. At issue is
whether additional measures are
needed to further reduce the health risk
to asthmatic individuals.
Summary of Legal Basis:
Title I of the Clean Air Act.
Alternatives:
The March 7, 1995, proposal notice
sought public comment on three
alternatives to further reduce the public
health risk to asthmatic individuals
posed by short-term peak sulfur dioxide
exposures. These included: (a) a new
5-minute NAAQS; (b) a new program
under section 303 of the Act; and (c)
a targeted monitoring program to
ensure sources likely to cause or
contribute to high 5-minute peaks are
in attainment with the existing
standard. The January 2, 1997, notice
proposed an alternative program under
section 303 of the Act that will assist
States in addressing high 5-minute
peaks.
Anticipated Cost and Benefits:
A draft regulatory impact analysis was
completed and made available for
public comment at the time of the
January 2, 1997 proposal.
Risks:
Exposure analyses indicate from the
national perspective that the likelihood
of exposure to high 5-minute sulfur
dioxide concentrations is very low.
Asthmatic individuals in the vicinity of
certain sources or source categories,
however, may be at higher risk of
exposure than the population as a
whole.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
11/15/94 59 FR 58958
03/07/95 60 FR 12492
NPRM NAAQS
Review
NPRM NAAQS
Implementation
(Part 51)
Final Rule NAAQS 05/22/96 61 FR 25566
Review
NPRM Revised 01/02/97 62 FR 210
NAAQS
Implementation
(Part 51)
Notice Schedule for 05/05/98 63 FR 24782
Response to
NAAQS Remand
NPRM Response to 11/00/99
NAAQS Remand
Final Rule Response 12/00/00
to NAAQS Remand
Final Action NAAQS 01/00/01
Implementation
(Part 51)
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Local, Federal
Additional Information:
SAN No. 1002
Agency Contact:
Susan Stone
Environmental Protection Agency
Air and Radiation
MD-15
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Gary Blais (Implementation)
Environmental Protection Agency
Air and Radiation
MD-15
Phone: 919 541-3223
Email: blais.gary@epa.gov
RIN: 2060-AA61
EPA
104. OPERATING PERMITS:
REVISIONS (PART 70)
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 7661 et seq
CFR Citation:
40 CFR 70; 40 CFR 51
Legal Deadline:
None
Abstract:
In response to litigation on the
operating permits rule regulations, 40
CFR Part 70, to provide more effective
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64031
implementation of part 70, and to
address comments provided in
response to notices of proposed
rulemaking, parts 70 and 51 are being
revised. The changes streamline the
procedures for revising stationary-
source operating permits issued by
State and local permitting authorities
under title V of the Clean Air Act and
eliminate public participation
requirements for minor new source
review actions with little or no
environmental impact.
Statement of Need:
These revised rules will allow more
streamlined procedures for revising
operating permits. These revisions
reflect the principles articulated in the
President's and the Vice President's
March 16, 1995 report Reinventing
Environmental Regulation. That report
established as goals for environmental
regulation the building of partnerships
between EPA and State and local
agencies, minimizing costs, providing
flexibility in implementing programs,
tailoring solutions to the problem, and
shifting responsibility to State and local
programs.
Alternatives:
In response to concerns expressed in
comments on the draft final
rulemaking, the EPA discussed
alternatives with representatives from
State and local permitting authorities
and industry and environmental
groups, and desires public comment on
some of the proposed alternatives. EPA
will then consider public comments
before promulgating a final rule.
Anticipated Cost and Benefits:
The administrative cost of
implementing these proposed rules by
permitting authorities, EPA, and
permitted sources has not yet been
estimated, but is expected to be lower
than the cost of the current rule.
Administrative costs include a range of
costs which cover the source's
preparing an application through EPA's
and the permitting authority's effort to
complete the process.
Risks:
All major sources of air pollution are
required to have a permit to operate
by the Clean Air Act. No adverse effect
on the public health or ecosystems
should result from this action, because
the rule will require permit revisions
with significant environmental impact
to undergo public and EPA review.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
Part 71
Supplemental NPRM
Part 70
NPRM Interim
Approval Extension
Direct Final Interim
Approval Extension
NPRM
Final Action
08/29/94 59 FR 44460
04/27/95 60 FR 20804
08/31/95 60 FR 45530
07/27/98 63 FR 40053
07/27/98 63 FR 40054
02/00/00
12/00/00
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
State
Additional Information:
SAN No. 3412
Agency Contact:
Ray Vogel
Environmental Protection Agency
Air and Radiation
MD-12
Research Triangle Park, NC 27711
Phone: 919 541-3153
RIN: 2060-AF70
EPA
105. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR
YUCCA MOUNTAIN, NEVADA
Priority:
Other Significant
Legal Authority:
Energy Policy Act sec 801
CFR Citation:
40CFR 197
Legal Deadline:
NPRM, Statutory, August 1, 1996.
Abstract:
This rulemaking is in response to
section 801 of the Energy Policy Act
of 1992 which directs the
Administrator to promulgate public
health and safety standards for
protection of the public from releases
from radioactive materials stored or
disposed of in the repository at the
Yucca Mountain site. The only
regulated entity is the U.S. Department
of Energy.
Statement of Need:
In 1985, the Agency issued generic
standards for the management and
disposal of spent nuclear fuel and high-
level radioactive waste. The Nuclear
Waste Policy Amendments Act of 1987
mandated the study of Yucca
Mountain, Nevada to determine its
suitability to be a repository for spent
nuclear fuel and high-level radioactive
waste. The Waste Isolation Pilot Plant
Land Withdrawal Act of 1992 exempted
Yucca Mountain from coverage under
the 1985 generic standards.
Concurrently, the Energy Policy Act of
1992 gave EPA the responsibility of
setting site-specific, radiation-
protection standards for Yucca
Mountain.
Summary of Legal Basis:
The legal authority is derived from the
Energy Policy Act of 1992.
Alternatives:
Since this action is legally mandated,
there are no alternatives.
Anticipated Cost and Benefits:
Since the potential cost is dependent
upon several factors whose
determination has not yet been made,
a precise assessment of the economic
impact of the rulemaking is not
possible at this time. Likewise, the
benefits, i.e., the adverse effects averted
(which are required to complete a cost-
benefit analysis), cannot be determined
in a meaningful manner at this time
since the effect of these standards is
to avert potential adverse health effects
that may occur during very long
periods into the future and are,
therefore, quantifiable only with a high
degree of uncertainty.
Risks:
The potential risks which would be
allowed under these standards is
dependent upon the level of protection
and the regulatory time frame which
is selected. Since the standards have
not yet been proposed, it is not possible
to estimate the potential risks.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
08/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 3568
-------
64032 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
Agency Contact:
Ray Clark
Environmental Protection Agency
Air and Radiation
6602J
Washington, DC 20460
Phone: 202 564-9198
Email: clark.ray@epamail.epa.gov
RIN: 2060-AG14
EPA
106. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). Industrial boilers
and institutional/commercial boilers are
among the potential source categories
to be regulated under section 112 of
the CAA. Emissions of HAPs will be
addressed by this rulemaking for both
new and existing sources. EPA
promulgated an NSPS for these source
categories in 1987 and 1990. The
standards for the NESHAP are to be
technology-based and are to require the
maximum achievable control
technology (MACT) as described in
section 112 of the CAA.
Statement of Need:
Industrial boilers and
institutional/commercial boilers 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:
Alternatives will be explored as the
proposal is developed. At this early
stage, no alternatives have yet been
identified.
Anticipated Cost and Benefits:
It is expected that this rule will result
in significant costs to the affected
industry, including costs for
recordkeeping and reporting. These
costs will be identified as the proposal
is developed.
Risks:
The risks from this industry are
expected to be those normally
associated with combustion, such as
exposure to particulate matter and
sulfur oxides. These will be addressed
as the proposal is developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/00
11/00/01
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
Undetermined
Additional Information:
SAN No. 3837
Agency Contact:
James Eddinger
Environmental Protection Agency
Air and Radiation
MD-13
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Amanda Aldridge
Environmental Protection Agency
Air and Radiation
MD-13
Phone: 919 541-5268
Fax: 919 541-5450
Email: aldridge.amanda@epa.gov
RIN: 2060-AG69
EPA
107. 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:
Final, Statutory, July 1, 2002, Under the
Clean Air Act - the next standards
review is to be completed July 2002.
Abstract:
On July 18, 1997, the EPA published
a final rule revising the national
ambient air quality standards (NAAQS)
for particulate matter (PM) (62 FR
38652). While retaining the PM10
standard levels, new standards were
added for fine particles (PM2.5) to
provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421, July 16,
1997) was published that, among other
things, directed EPA to complete the
next review of the PM NAAQS by July
2002. The EPA's plans and schedule for
the next periodic review of the PM
NAAQS were published on October 23,
1997 (62 FR 55201). As with other
NAAQS reviews, a rigorous assessment
of relevant scientific information will
be presented in a Criteria Document
(CD), and the preparation of this
document is currently under way by
the EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will also prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The SP and
CD will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public; both will
reflect the input received through these
reviews. As the PM NAAQS review is
completed, the Administrator's
proposal to revise or reaffirm the PM
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be reflected in the
Administrator's final decision which
will be published in July 2002.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for particulate matter are to
be reviewed every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64033
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for paniculate matter are
whether to reaffirm or revise the
existing standards.
Anticipated Cost and Benefits:
Costs and benefits of revising or
reaffirming the national ambient air
quality standards for particulate matter
cannot be determined at present; a
regulatory impact analysis will be
conducted along with the review of the
standards.
Risks:
The current national ambient air
quality standards for particulate matter
are intended to protect against public
health risks associated with morbidity
or premature mortality from
cardiopulmonary disease. During the
course of this next review, a risk
assessment will be conducted to
evaluate health risks associated with
alternative particulate matter standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/01
07/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 4255
Agency Contact:
Eric Ginsburg
Chief, Policy and Guidance Section
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5274
Email: ginsburg.eric@epamail.epa.gov
Mary A. Ross
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone:919541-5170
Email: ross.mary@epamail.epa.gov
RIN: 2060-AI44
EPA
108. • TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2,1999,
COURT DECISION
Priority:
Other Significant
Legal Authority:
42 USC 7401-7671q
CFR Citation:
40 CFR 93
Legal Deadline:
None
Abstract:
The Clean Air Act requires EPA to
promulgate rules that establish the
criteria and procedures for determining
whether highway and transit plans,
programs, and projects conform to state
air quality plans. "Conformity" means
that the transportation actions will not
cause or worsen violations of air
quality standards or delay timely
attainment of the standards. The
original conformity rule was finalized
on November 24, 1993, and most
recently amended on August 15, 1997.
On March 2, 1999, the U.S. Court of
Appeals overturned certain provisions
of the 1997 conformity amendments.
This rulemaking will amend the
conformity rule in compliance with the
court decision. The rulemaking will
formalize the May 14, 1999 EPA
guidance and the June 18, 1999 DOT
guidance that was issued to guide
action on this issue until a rulemaking
could be issued. Specifically, the
rulemaking will clarify the types of
projects that can be implemented in the
absence of a conforming transportation
plan. It will also explain EPA's process
for reviewing newly submitted air
quality plans and when those
submissions can be used for conformity
purposes.
Statement of Need:
The U.S. Court of Appeals remanded
some provisions of EPA's conformity
rule. The conformity rule must be
amended in compliance with the court
decision.
Summary of Legal Basis:
The Clean Air Act requires
transportation plans, programs, and
projects to conform to state air quality
plans. The Clean Air Act also requires
EPA to establish rules for how to
determine the conformity of
transportation actions.
Alternatives:
EPA's alternatives are constrained by
the court decision.
Anticipated Cost and Benefits:
This amendment will not change the
results of the economic analysis
performed for the original
transportation conformity rule, which
was summarized in the preamble to
that rule on 11/24/93 at 58 FR 62214.
Risks:
Transportation conformity is a process
designed to help achieve attainment
with the National Ambient Air Quality
Standards. The risks addressed by the
rule are therefore those risks associated
with non-achievment of such standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
12/00/99
04/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 434
Agency Contact:
Kathryn Sargeant
Environmental Protection Agency
Air and Radiation
NFEVL
Ann Arbor, MI 48105
Phone: 734 214-4441
Email: sargeant.kathryn@epamail.epa.gov
RIN: 2060-AI56
-------
64034 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
EPA
109. • HEAVY-DUTY ENGINE
EMISSION STANDARDS AND DIESEL
FUEL SULFUR CONTROL
REQUIREMENTS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
Not Yet Determined
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
This rulemaking sets new quality
requirements for fuel used in diesel
engines in order to bring about large
environmental benefits through the
enabling of a new generation of diesel
emission control technologies.
Improving the quality of diesel fuel will
enable advanced technologies for diesel
emission control. These advanced
sulfur-sensitive technologies have the
potential to reduce diesel engine NOx
emissions by 75% and PM emissions
by 80% or more. A key approach taken
in developing the "Tier II" standards
(Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards and
Gasoline Sulfur Standards — see item
number RIN 2060-AI23 in this
Regulatory Plan) was "fuel -neutrality"
— applying standards equally to diesel
and gasoline vehicles powered vehicles.
Reducing sulfur levels in on highway
diesel fuel will help facilitate
development of diesel powered vehicle
that meet these standards. This
rulemaking will also tighten heavy duty
NOx and PM engine standards. Low
sulfur diesel fuel is needed so that
advanced technology for diesel engines
will be available to meet new more
stringent standards. There are also
additional air quality benefits such as
particulate matter and sulfate
reductions associated with reducing
sulfur levels in diesel fuel.
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 heavy-duty
diesel engines, and will also require
reduced sulfur levels in diesel fuel, in
order to protect the public health and
welfare.
Summary of Legal Basis:
42 USC 7521, 42 USC 7545
Alternatives:
Alternatives will be considered as the
rulemaking proposal is developed.
Anticipated Cost and Benefits:
Costs and benefits will be assessed as
the rulemaking proposal is developed.
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
ANPRM
NPRM
Final Action
Date
06/16/99
01/00/00
08/00/00
FR Cite
64 FR 32209
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
None
Additional Information:
SAN No. 4355
This rule incorporates the work done
on Control of Diesel Fuel Quality, RIN
2060-AI32, SAN 4268 which is listed
as "Withdrawn" in the Completed
section of this Agenda.
Agency Contact:
Paul Machele
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone: 734 214-4264
Fax- 734 214-4050
Email: machiele.paul@epa.gov
Don Kopinski
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4781
Email: kopinski.don@epa.gov
RIN: 2060-AI69
EPA
110. TSCA INVENTORY UPDATE RULE
AMENDMENTS
Priority:
Other Significant
Legal Authority:
15 USC 2607(a), TSCA 8(a)
CFR Citation:
40 CFR 710
Legal Deadline:
None
Abstract:
This action would amend the current
Toxic Substances Control Act (TSCA)
Inventory Update Rule (IUR) to require
chemical manufacturers to report to
EPA data on exposure-related
information and the industrial and
consumer end uses of chemicals they
produce or import. Currently, EPA
requires chemical manufacturers to
report the names of the chemicals they
produce, as well as the locations of
manufacturing facilities and the
quantities produced. About 3,000
facilities reported data on about 9,000
unique chemicals during the last
reporting cycle under the IUR. Data
obtained would be used by EPA and
others to: better understand the
potential for chemical exposures;
screen the chemicals now in commerce
and identify those of highest concern;
establish priorities and goals for their
chemical assessment, risk management
and prevention programs, and monitor
the programs' progress; encourage
pollution prevention by identifying
potentially safer substitute chemicals
for uses of potential concern; and
enhance the effectiveness of chemical
risk communication efforts.
Additionally, EPA will consider other
amendments to the IUR. These include
removing the inorganic chemicals
exemption; providing the information
to better assess and manage risks of
inorganic chemicals; improving the
linkages of IUR data to other data
sources to enhance the data's
usefulness; and altering the confidential
business information (CBI) claim
procedures to reduce the frequency of
CBI claims, allowing the public greater
access to relevant information on toxic
chemicals. EPA has held meetings with
representatives of the chemical
industry, environmental groups,
environmental justice leaders, labor
groups, State governments and other
Federal agencies to ensure public
involvement in the TSCA Inventory
Update Rule Amendments Project.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64035
Statement of Need:
There are more than 75,000 chemicals
in commerce listed on the TSCA
Inventory. EPA faces the challenge of
sorting through these chemicals to
identify the ones of most concern, then
taking the appropriate steps to mitigate
unreasonable risks of those chemicals.
The current IUR collects some key data,
such as production volume, used to
identify the chemicals of most concern.
However, other exposure-related
information is essential to more
accurately identify the chemicals with
the greater risk potential. Information
on how a chemical is manufactured,
processed, and used is needed to
determine possible exposure routes and
scenarios of these chemicals. This
action will propose to modify the
inventory update process to collect the
exposure-related data necessary for an
effective TSCA Inventory Screening
program; the information will be
collected in a format that makes the
information easy to use to screen
thousands of chemicals. A national
report will make data collected via the
amended IUR publicly available. This
report will not contain any information
claimed to be confidential.
Summary of Legal Basis:
Toxic Substances Control Act (TSCA)
Section 8.
Alternatives:
Although data on the use of specific
chemicals can be found in varying
sources, there is no national,
comprehensive, current searchable
database providing consistent
information on a wide variety of
chemicals. EPA has examined alternate
sources of the information including
state information, Federal databases
and privately collected information.
EPA can find no information
comparable to the data anticipated to
be collected through amendments to
the IUR.
Anticipated Cost and Benefits:
EPA anticipates costs of this action to
be well under $100 million for the first
year of reporting. Total costs of this
action depend on the amendments to
IUR that are contained in a proposed
rule. The amended IUR will assist EPA
in screening chemicals in commerce
and identifying those of highest
concern; establishing priorities and
goals for chemical assessment, risk
management and prevention programs
and to monitor their progress;
identifying potentially safer substitute
chemicals for uses of potential concern;
and enhancing the effectiveness of
chemical risk communication efforts.
Risks:
This action will secure data on
describing how chemicals in commerce
are used; this data is essential to
determine possible exposure routes and
scenarios. Using these exposure
estimates, EPA's toxics program will be
able to better focus on chemical risks
of most concern.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/99
12/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 3301
Sectors Affected:
325 Chemical Manufacturing; 324
Petroleum and Coal Products
Manufacturing
Agency Contact:
Susan Krueger
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7406
Washington, DC 20460
Phone: 202260-1713
Email: krueger.susan@epa.gov
Robert Lee
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7406
Washington, DC 20460
Phone: 202 260-0676
Fax: 202 260-1661
Email: lee.robert@epa.gov
RIN: 2070-AC61
EPA
111. LEAD; OVERVIEW OF
RULEMAKINGS UNDER TSCA
SECTION 402, LEAD-BASED PAINT
ACTIVITIES FOR THE REGULATORY
PLAN
Priority:
Economically Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
15 USC 2603, TSCA title IV
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, April 28, 1994.
Other, Statutory, October 28, 1996,
Section 402(c)(3).
Abstract:
The Residential Lead-Based Hazard
Reduction Act of 1992 (Title X)
amended TSCA by adding a new Title
IV. TSCA section 402, Lead-Based Paint
Activities Training and Certification
directs EPA to promulgate a number of
regulations intended to address the
nation's need for a qualified and
properly trained workforce to assist in
the prevention, detection, and
elimination of hazards associated with
lead-based paint. EPA is required to
promulgate (a) regulations governing
lead-based paint activities to ensure
that individuals engaged in such
activities are properly trained, that
training programs are accredited, and
that contractors engaged in such
activities are certified (section 402(a));
(b) a Model State Program which may
be adopted by any State which seeks
to administer and enforce a State
Program for the requirements
established under TSCA section 402
(section 404); (c) a rule addressing lead
risks from renovation and remodeling
activities or state why no regulation is
necessary (section 402(c)(3)); and (d) a
rule establishing a fee schedule for the
lead-based paint training, certification,
and accreditation activities addressed
in the rules developed under TSCA
section 402 (section 402 (a) (3)).
Additionally, in response to other
Federal agencies and several States and
advocacy groups who were concerned
that the high costs of disposing of lead-
based paint debris as a RCRA
hazardous waste were discouraging
residential lead abatements, EPA is
using its authority under TSCA section
402 (a) to address the disposal of lead-
based paint debris that will result from
the lead-based paint activities regulated
under TSCA section 402. To minimize
duplication of waste management
requirements, EPA is developing a
companion RCRA rule to suspend
temporarily hazardous waste
management regulations (i.e., Toxicity
Characteristic Rule) applicable to lead-
based paint debris which will be
-------
64036 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
subject to the new TSCA standards.
These rules are listed separately in the
Regulatory Agenda.
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:
These regulations are mandated by
TSCA section 402.
Alternatives:
Alternatives to each of the mandated
activities will be analyzed.
Anticipated Cost and Benefits:
For the section 402(a)/404 (Residential)
rule, the costs have been provided in
the final economic impact analysis that
was prepared in conjunction with the
final rule. For the remainder of the
section 402 rules, costs will be
estimated in the draft economic impact
analyses that will be prepared for the
proposed rules. Since benefits depend
on private sector implementation of
certain lead hazard abatement activities
which are not mandated by any of
these rules, benefits will be difficult to
qualify.
Risks:
These rules are aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM Sections 09/02/94 59 FR 45872
402(a) and 404
(Residential)
Final Rule Sections 08/29/96 61 FR 45778
402(a) and 404
(Residential)
Interim Final Rule 08/04/98 63 FR 41430
Section 404(g)
Direct Final Rule 09/02/98 63 FR 46668
Sections
402(a)(3)/404(h)
NPRM Sections 09/02/98 63 FR 46734
402(a)(3)/404(h)
Direct Final Rule 10/16/98 63 FR 55547
Withdrawn Sections
402(a)(3)/404(h)
NPRM Section 402(a) 12/18/98 63 FR 70190
(Debris)
Final Rule Sections 11/00/99
402(a)(3)/404(h)
NPRM Section 402(c) 07/00/00
(Remodeling &
Renovation)
NPRM Section 402(a) 09/00/00
(Buildings &
Structures)
Final Rule Section 12/00/00
402(a) (Debris)
Final Rule Section 08/00/01
402(c) (Remodeling
& Renovation)
Final Rule Section 10/00/01
402(a) (Buildings &
Structures)
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 3243
Also covers SANs 3244, 3557, 3881,
4172, 3506.
Lead-Based Paint Activities Rules:
Training, Accreditation and
Certification Rule and Model State Plan
Rule (sections 402 and 404) (SAN 3244;
RIN 2070-AC64); Lead-Based Paint
Activities, Training, and Certification:
Renovation and Remodeling (section
402(c) (3)) (SAN 3557; RIN 2070-AC83);
Lead Fee Rule for Lead-Based Paint
Activities Training and Certification
(section 402 (a) (3)) (SAN 3881; RIN
2070-AD11); Lead-Based Paint:
Notification of Commencement of
Abatement Activities (section 404(h))
(SAN 4172; RIN 2070-AD31); Lead:
TSCA Requirements for the Disposal of
Lead-Based Paint Debris (section
402 (a)) and Temporary Suspension of
Toxicity Characteristic Rule for
Specified Lead-Based Paint Debris
(RCRA sections 1006(b)(l) and
2002) (SAN 3508; RIN 2070-AC72).
Agency Contact:
Ellie Clark
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email1 clark.ellie@epa.gov
Mike Wilson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-4664
Email: wilson.mike@epa.gov
RIN: 2070-AD06
EPA
112. CHEMICAL RIGHT-TO-KNOW
INITIATIVE
Priority:
Other Significant
Legal Authority:
15 USC 4, TSCA; 15 USC 8, TSCA; 7
USC 136, FIFRA; 42 USC 313
CFR Citation:
Not Yet Determined
Legal Deadline:
Final actions must be completed by
December 31, 1999.
Abstract:
The Chemical RTK Initiative was
announced by the Vice President on
EPA's Earth Day 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 testing for
chemicals to which children are
substantially exposed; and the listing
and lowering of thresholds for
persistent, bioaccumulative, toxic
chemicals reported to TRI. This
Initiative will involve several separate
activities, with any regulatory related
actions included as separate entries in
the Regulatory Agenda.
Statement of Need:
The Chemical Right to Know Initiative
grew out of the finding of an EPA study
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64037
that there is very little basic publicly
available information on the health and
environmental effects of even the most
widely used commercial chemicals.
Less than 7% of the 2,800 high
production volume chemicals have a
full set of baseline testing information
readily available, while almost 50%
have no public information whatsoever.
The Chemical Right to Know Initiative
is designed to close these information
gaps, and to make both new and
existing information available to the
public.
Summary of Legal Basis:
To the extent that rule-making is
required to implement the chemical
Right-to-Know Initiative, EPA will
utilize the testing authorities available
under TSCA and the chemical reporting
authorities of EPCRA Section 313 (the
Toxics Release Inventory).
Alternatives:
The Chemical Right-to-Know Initiative
will rely on a combination of
partnership programs and rule-writing
to accomplish its goals. For instance,
an HPV Challenge Program will ask
industry to voluntarily provide both
new and existing data on high
production volume chemicals, while an
HPV test rule would require testing of
specific HPV chemicals of concern.
Anticipated Cost and Benefits:
The benefits of the Chemical Right-to-
Know Initiative are substantial, as no
one in the environmental community
— whether in industry, government or
the public — can make reasoned risk
management decisions in the absence
of reliable health and environmental
information. The cost of baseline
testing is well-established, and runs
about $200,000 per chemical for a full
set of tests, for those chemicals on
which data do not already exist. More
detailed testing, as envisioned for the
Children's Health testing portion of this
initiative, may be more expensive, but
has not yet been costed out.
Risks:
None.
Timetable:
Action
Date
FR Cite
Initiative Completion 12/00/99
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Undetermined
Additional Information:
SAN No. 4176
This Initiative includes the following
Regulatory Agenda activities: TRI's
Reporting Threshold Rule (SAN 3880;
RIN 2070-AD09); Test Rule; Multi-
Chemicals Test Rule for High
Production Volume Chemicals (SAN
3990; RIN 2070-AD16); Children's
Health Test Rule (SAN 2865; 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
7405
Washington, DC 20460
Phone: 202 260-1864
Email: leczynski.barbara@epa.gov
Mary Dominiak
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405
Washington, DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 2070-AD25
EPA
113. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6905 RCRA sec 1006; 42 USC
6912(a) RCRA sec 2002(a); 42 USC 6921
RCRA sec 3001; 42 USC 6922 RCRA
sec 3002; 42 USC 6926 RCRA sec 3006
CFR Citation:
40 CFR 260; 40 CFR 261; 40 CFR 262;
40 CFR 264; 40 CFR 268
Legal Deadline:
Other, Judicial, October 31, 1999,
Reproposal.
Final, Judicial, April 30, 2001.
Abstract:
EPA is proposing to amend its
regulations governing solid wastes that
are designated as hazardous, because
they have been mixed with or derived-
from listed hazardous wastes.
Specifically, under this action, the
Agency is proposing to retain the
mixture and derived-from rules
promulgated under the Resource
Conservation and Recovery Act (RCRA).
These rules are currently in effect on
an emergency basis and this rulemaking
action formally proposes their
retention.
The Agency is also proposing two
revisions to the mixture and derived-
from rules. The first is an exemption
for wastes and their residuals listed
solely for the ignitability, corrosivity,
and/or reactivity characteristics. The
second, which EPA is proposing in a
separate notice, is a conditional
exemption from the mixture and
derived from rules for "mixed wastes"
(that is, wastes that are both hazardous
and radioactive).
Because this action is deregulatory, it
is not expected to have adverse impacts
on small business. This action will be
implemented by EPA and authorized
States.
Statement of Need:
EPA has proposed to amend its
regulations under RCRA for hazardous
waste identification. The rule would
retain and amend the mixture and
derived-from rules. The mixture and
derived-from rules ensure that
hazardous wastes that are mixed with
other wastes and their residuals from
treatment, storage or disposal, do not
escape regulation and thereby cause
harm to human health and the
environment.
The proposal also discusses an
approach to establish exemption
criteria, protective of human health and
the environment, for low-risk listed
hazardous waste, waste mixtures, and
derivatives. Once finalized, this rule
will reflect a balancing of the Agency's
informational needs for oversight and
enforcement with the practical resource
considerations of the generator. This
rule could reduce demand on Subtitle
C landfill capacity, and promote
pollution prevention, waste
minimization, and development of
innovative waste treatment technology.
-------
64038 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
This notice will also contain the
Agency's response to a petition for
rulemaking submitted by the Chemical
Manufacturers Association in 1989.
Summary of Legal Basis:
This regulation will amend the mixture
and derived-from rules, 40 CFR
261.3(a)(2)(iii) and (iv) and (c)(2)(i), and
will create an exemption for low-risk
waste. EPA is required to revise the
mixture and derived-from rules under
Public Law No. 102-389, 106 Stat. 1571.
The mixture and derived-from rules
and the exemption are exercises of
EPA's authority under RCRA section
3001, 42 U.S.C. Section 6921.
Alternatives:
A variety of alternatives for establishing
the exemption criteria and the
implementation requirements were
identified by a FACA committee co-
chaired by EPA and the States. EPA
is forging a strong partnership with the
States in the interest of our co-
regulator, co-implementor roles. The
October 1999 notice discussed two
options for a concentration-based
exemption: a generic exit option and
a contingent management option.
Before these options could be finalized,
EPA would formally propose the
exemption, providing public notice and
the opportunity to comment on the
revised risk assessment and resulting
exemption levels.
Anticipated Cost and Benefits:
EPA estimates that 236 applicable
industrial hazardous wast streams,
totaling 3.6 million tons in annual
generation by an estimated 120 US
facilities may be affected by proposed
revions to the mixture and derived-
from rules. As generated, these waste
streams consist of 87% wastewaters
and 13% non-wastewaters. After RCRA
Subtitle C treatment (mainly
incineration), the 236 wastestreams
result in the annual disposal of about
57,400 tons of treatment residuals,
primarily in the form of incineration
ash. Total annual cost savings is
estimated at $4.29 to $6.56 million per
year.
Risks:
This rule would maintain current levels
of risk protection.
Timetable:
Action
NPRM
NPRM Withdrawn
NPRM Reproposal
NPRM Reproposal
Final Action
Date FR Cite
05/20/92 57 FR 21450
10/30/92 57 FR 49280
12/21/95 60 FR 66344
11/00/99
05/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 3328
Sectors Affected:
325 Chemical Manufacturing; 324
Petroleum and Coal Products
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing
Agency Contact:
Tracy Atagi
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epa.gov
Adam Klinger
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-3267
RIN: 2050-AE07
EPA
114. HAZARDOUS WASTE MANIFEST
REGULATION
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6922, RCRA sec 3002; 42 USC
6923, RCRA sec 3003; 42 USC 6926,
RCRA sec 3006; 42 USC 6924, RCRA
sec 3004
CFR Citation:
40 CFR 260; 40 CFR 261; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 270; 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. The manifest
system's reliance on paper results in
significant paperwork and cost burden
to waste handlers and States who
collect manifest information. The
Agency intends to pursue an optional
approach to redesign the manifest
system so that it utilizes automated
technologies to increase access to
manifest related information, and to
facilitate the manifest process,
including the form's preparation,
transmission, and recordkeeping,
thereby lessening the total burden on
waste handlers and States. In addition,
the Agency intends to standardize
further the manifest form itself, by
eliminating several optional data fields,
and by specifying one format that may
be used in all states.
Statement of Need:
The Agency is revising the RCRA
manifest system because of the amount
of paperwork burden associated with
the manifest. Reduction in paperwork
burden is part of the Administration's
Regulatory Reinvention goal of cutting
government red tape. The Agency
wants to standardize the manifest
program across the States by
introducing a truly uniform manifest
tracking form. The chief goal of the
manifest system is to facilitate the safe
transportation of offsite shipments of
hazardous waste to appropriate RCRA
management facilities. Furthermore, the
manifest promotes accountability
throughout the generation,
transportation, and disposal cycle of a
hazardous waste shipment; and the
manifest also provides essential hazard
information to handlers and emergency
responders.
Summary of Legal Basis:
RCRA Section 3002 (a) (5) authorizes
EPA to issue regulations applicable to
generators of hazardous waste regarding
the use of a manifest system to describe
waste, its origin, and its routing to
ensure waste arrives at designated off-
site facilities. RCRA Sections 3002 and
3004 authorizes EPA to issue
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64039
regulations applicable to transportors of
hazardous waste and to treatment,
storage, and disposal facilitites
regarding compliance with the manifest
system.
Alternatives:
The Agency has looked at three
alternatives to revising the manifest
system. The first alternative is to revise
and standardize the manifest form
itself. The second alternative is to
introduce the option of automated
technologies (electronic commerce) to
reduce paperwork and make the
manifest system more efficient. The
third alternative is to develop
alternative requirements for certain
types of hazardous waste handlers
which will reduce some of the
paperwork burden. The Agency has
chosen to combine the three
alternatives into one cohesive package
which will preserve the positive
features of the current manifest system
(maintaining the necessary controls to
protect human health and the
environment) and at the same time
substantially reducing the burden on
industry.
Anticipated Cost and Benefits:
The overall costs of this action should
be minimal to the regulated industry
since the new Federal manifest system
should reduce the overall number of
elements on the manifest form.
Additionally, uniformity in data
required across the U.S. will benefit the
transportation industry by reducing the
burden associated with obtaining
various state requirements for wastes
traveling through multiple states. Other
hazardous waste handlers will benefit
from having the option to use
automation to complete, send, receive,
and store manifest information. Some
states may have to modify their data
systems in response to this action. The
Agency is currently conducting an
analysis to determine the costs and
benefits of the rule.
Risks:
This rule reduces the paperwork
burden of the manifest on the public
without reducing protectiveness of
human health or the environment.
Timetable:
Action
Date
FR Cite
NPRM
07/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 3147
Sectors Affected:
2111 Oil and Gas Extraction; 2122
Metal Ore Mining; 2211 Electric Power
Generation, Transmission and
Distribution; 3221 Pulp, Paper, and
Paperboard Mills; 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 332
Fabricated Metal Product
Manufacturing; 482 Rail Transportation;
483 Water Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal
Agency Contact:
Ann Codrington
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8825
Fax: 703 308-0514
Email: codrington.ann@epa.gov
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
RIN: 2050-AE21
EPA
115. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6905; 42 USC 6912; 42 USC
6924; 42 USC 6925; 42 USC 6927; 42
USC 6939; 42 USC 6974
CFR Citation:
40 CFR 124; 40 CFR 267; 40 CFR 270
Legal Deadline:
None
Abstract:
This rulemaking will allow a type of
general permit, called a standardized
permit, for facilities that generate waste
and routinely manage the waste on-site
in tanks, containers, and containment
buildings. Under the standardized
permit, facility owners and operators
would certify compliance with generic
design and operating conditions set on
a national basis. The permitting agency
would review the certifications
submitted by the facility owners or
operators. The permitting agency would
also be able to impose additional site-
specific terms and conditions for
corrective action or other purposes, as
called for by RCRA. Ensuring
compliance with the standardized
permit's terms and conditions would
occur during inspection of the facility
after the permit has been issued.
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 15 years has shown
that not all waste management
activities are at the same level of
complexity. Some activities, such as
thermal treatment or land disposal of
hazardous waste, 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
-------
64040
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
in standardized units such as tanks,
container storage areas, and
containment buildings. The Agency's
Permit Improvement Team tentatively
recommended, among other things, that
regulations be developed to allow
"standardized permits" for on-site
storage and non-thermal treatment of
hazardous waste in tanks, containers,
and containment buildings. The Agency
is proposing to revise the RCRA
regulations to allow this type of permit.
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, as EPA is proposing to do
here. No aspect of this streamlining
action is required by court order.
Alternatives:
Several significant alternatives or
options that have been considered
concern the scope of the rule and
corrective action alternatives. The
scope of the proposed rule is expected
to be limited to facilities that generate
waste and manage it on-site. The
Agency considered, however, and plans
to ask for comment on, whether
coverage of the rule should be
expanded to facilities that generate
waste at operations in more than one
location and want to manage the waste
at one location. The Agency also plans
to ask 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 following cost/benefit information
is based on preliminary estimates and
is being provided for informational
purposes only; it is subject to change.
The RCRA standardized permit
proposal 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
permit actions (i.e. new permit
applications, permit modifications, and
permit renewals). Because the rule
proposes 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. Based on a
preliminary economic analysis, the EPA
estimates that the potential average
annual cost savings to eligible facilities
resulting from implementation of this
rule, will range from approximately
$1,000 to $4,600 per permit action,
depending on such things as the type
of permit and the type of storage
equipment. The expected national cost
savings benefit to the private sector for
RCRA permitting is between $4.2 and
$8.8 million annually. In addition, this
rule is expected to produce an average
annual cost savings benefit for
streamlined EPA/state administrative
review of $2.0 million, representing a
total annual national cost savings
benefit of $6.2 to $10.8 million.
Potential cost savings benefits are
incremental to the average annual cost
associated with the current RCRA
permitting program. Compared to the
magnitude of potential benefits, the
costs to EPA/states of implementing the
standardized permit option are
considered minimal, and therefore have
not been estimated by the EPA.
Risks:
A description of risks is not applicable
to the rule. The purpose of this rule
is to streamline existing RCRA permit
application and issuance procedures.
Since facilities covered by this rule are
currently already required to obtain
RCRA permits, this rule will have
minimal effects on incremental risk
reduction.
Timetable:
Action
Date
FR Cite
NPRM
04/00/00
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 4028
Sectors Affected:
3251 Basic Chemical Manufacturing;
325211 Plastics Material and Resin
Manufacturing; 32551 Paint and
Coating Manufacturing; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing; 32411 Petroleum
Refineries; 332813 Electroplating,
Plating, Polishing, Anodizing and
Coloring; 32532 Pesticide and Other
Agricultural Chemical Manufacturing
Agency Contact:
Vernon Myers
Environmental Protection Agency
Solid Waste and Emergency Response
5303W
Washington, DC 20460
Phone: 703 308-8660
Fax: 703 308-8609
Email: myers.vernon@epa.gov
RIN: 2050-AE44
EPA
116. HAZARDOUS WASTE STORAGE
AND DISPOSAL REGULATION
RELATED TO LOW LEVEL MIXED
WASTE; PROPOSED MODIFICATIONS
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6905; 42 USC 6912(a); 42 USC
6921; 42 USC 6922; 42 USC 6924; 42
USC 6926
CFR Citation:
40 CFR 261.4; 40 CFR 262.34
Legal Deadline:
NPRM, Judicial, October 31, 1999.
Final, Judicial, April 30, 2001.
Abstract:
EPA is proposing a conditional
exemption from the regulatory
definition of RCRA hazardous waste for
storage, treatment, and disposal of low-
level mixed waste (LLMW) which is
subject to Nuclear Regulatory
Commission (NRC) or NRC Agreement
State regulations and licensing
provisions. Commercial mixed waste
generators, particularly nuclear power
plants, contend that dual regulation of
mixed waste by EPA and NRC is
duplicative, burdensome, and costly.
EPA has determined that NRC-licensed
storage of LLMW, or disposal of LLMW
in low-level radioactive waste disposal
facilities that we have evaluated, not
only address radiological hazards, but
will provide protection of human
health and the environment with
respect to chemical hazards. The
exemption, when finalized, will
provide regulatory flexibility for
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
64041
generators of LLMW for storage,
treatment or disposal based on
compliance with the required
conditions. The storage proposal, when
finalized, would allow LLMW
generators meeting specified conditions
to claim an exemption for stored mixed
waste while subject to NRC regulations
and licensing provisions. Regulatory
flexibility proposed for treatment
would be limited to treatment that: is
covered in the generator's NRC license;
and takes place in a tank or container
for the purpose of solidification,
neutralization or other stabilization. For
the purposes of disposal, EPA is
proposing that LLMW, which meets
land disposal restriction treatment
standards, may be disposed at a low-
level waste disposal facility licensed by
NRC or its Agreement States if the
generator complies with specified
conditions. The proposal was signed by
the Administrator on October 29, 1999.
Statement of Need:
The Proposed Rulemaking is needed
due to: the lack of mixed waste
treatment and disposal facilities
nationwide; industry concerns
regarding the potential for duplication
under EPA and NRC regulatory
requirements; and follow through on
comments relating to mixed waste
management received from industry on
the Hazardous Waste Identification
Rule proposal of December 1995, and
the mixed waste storage guidance of
August 1995.
Summary of Legal Basis:
The Proposed Rulemaking is required
by the settlement agreement reached
with the Edison Electric Institute, and
other litigants and intervenors, in April
1997.
Alternatives:
EPA is considering a number of
alternatives including: 1) use of LDR
treatment standards for chemical
constituents in conjunction with NRC
disposal requirements for LLW; 2)
applicability of HWIR exit
concentration levels and associated
requirements for chemical constituents;
3) a conditional exemption for stored
mixed waste subject to NRC regulatory
requirements; and 4) allowing decay-in-
storage as provided by NRC for some
mixed wastes to limit worker exposures
to radionuclides.
Anticipated Cost and Benefits:
EPA anticipates that implementation of
this rule will result in net cost savings
of at least 1-3 million dollars annually;
unquantified cost savings from
administrative and permitting burdens
could be much higher. In addition, EPA
anticipates risk reductions from
reduced exposure to radionuclides.
Risks:
The purpose of this rule is not risk
reduction. The rule will maintain
current level of protection as required
by NRC for radionuclides under
alternatives 1 and 3, and also provide
protection for human health and the
environment from chemical hazards.
For alternative 2 the risk will be similar
to HWIR risk benchmarks for
carcinogens and non-carcinogens. For
alternative 4, there would be a
reduction in risk due to reduced
exposure of workers to radionuclides
mixed with hazardous wastes.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
03/01/99
11/00/99
04/00/01
FR Cite
64 FR 10063
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 4017
SIC Codes: Nuclear Electric Power
Generation (4911); Federal Facilities
(9431) and (9511); Mixed Waste
Treatment, Storage and Disposal
Facilities (4953); Commercial Low
Level Radioactive Waste Disposal
Facilities (4953); Universities (8221);
Medical Facilities (8071);
Pharmaceutical Companies (2834);
Research Laboratories (8731, 8734)
Agency Contact:
Nancy Hunt
Environmental Protection Agency
Solid Waste and Emergency Response
5303W
Washington, DC 20460
Phone: 703 308-8762
Fax: 703 308-8638
Email: hunt.nancy@epa.gov
Rajani Joglekar
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8806
Fax: 703 308-0522
Email: joglekar.rajani@epa.gov
RIN: 2050-AE45
EPA
117. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, Local or
Tribal Governments.
Legal Authority:
42 USC 300(f), SDWA sec 1412
CFR Citation:
40CFR 141; 40 CFR 142
Legal Deadline:
Other, Statutory, February 6, 1999,
Publish radon health risk reduction and
cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, August 6, 2000.
Abstract:
EPA is proposing new regulations for
radon in drinking water which will
provide states flexibility in how to
manage the health risks from radon, in
both drinking water and in indoor air.
States would be able to focus their
efforts on the highest radon risks to the
public - in indoor air - while reducing
the highest risks from radon in drinking
water. Breathing indoor radon in homes
is the primary public health risk from
radon, contributing to about 20,000
lung cancer deaths each year in the
United States, according to a landmark
report this year by the National
Academy of Sciences. That makes
radon in indoor air the second leading
cause of lung cancer in the United
States. Based on a second NAS report,
EPA estimates that radon in drinking
water causes about 168 cancer deaths
per year, of which about 89 percent are
lung cancer from breathing radon
released from water. The remaining 11
percent of the risk is for stomach
cancer from drinking radon-containing
water.
The unique framework for the proposed
regulations, outlined in the 1996 Safe
Drinking Water Act (SDWA), recognizes
that the public health problem from
radon in indoor air typically far
exceeds the health risks from radon in
drinking water and that targeting
indoor radon exposures is the most
cost-effective way for states to reduce
radon health risks. The proposed new
regulation will provide two options to
states and water systems for reducing
public health risks from radon. Under
the first option, states can choose to
-------
64042 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
develop enhanced state programs to
address the health risks from indoor
radon while water systems reduce
radon levels in drinking water to the
higher, alternative maximum
contaminant level (MCL) of 4,000 pCi/L
(picoCuries per liter, a standard unit of
radiation) or lower, ensuring protection
from the highest risks from radon in
drinking water. EPA is encouraging the
states to adopt this approach as the
most cost-effective way to achieve the
greatest radon risk reduction. If a state
does not elect this option, the second
option would require water systems in
that state to either reduce radon in
drinking water levels to the MCL, or
to develop a local indoor radon
program and reduce levels in drinking
water to 4000 pCi/L. Those systems
initially at the MCL or lower will not
need to treat their water for radon.
Statement of Need:
Radon in drinking water increases risk
to public health, both from inhalation
of radon discharged through normal
water use, such as showering, and from
ingestion of water.
Summary of Legal Basis:
Pursuant to the Safe Drinking Water
Act, as amended in 1996 [sec. 1412
(b)(13)], EPA is required to: (1)
Withdraw the 1991 proposed radon in
drinking water rule; (2) Work with the
National Academy of Sciences to
conduct a risk assessment for radon in
drinking water, and an assessment of
the health risk reduction benefits
associated with various mitigation
methods of reducing radon in indoor
air; (3) Publish a radon health risk
reduction and cost analysis for possible
radon Maximum Contaminant Levels
(MCLs) for public comment, by
February, 1999; (4) Propose a Maximum
Contaminant Level Goal (MCLG) and
National Primary Drinking Water
Regulation (NPDWR) for radon by
August, 1999; and (5) Publish an MCLG
and Final NPDWR for radon by August,
2000.
In addition, if EPA promulgates an
MCL more stringent than necessary to
reduce the contribution to radon in
indoor air from drinking water to a
concentration that is equivalent to the
national average concentration of radon
in outdoor air, the Agency must
establish an alternative MCL (AMCL).
The AMCL is to be set at a level which
would result in a contribution of radon
from drinking water to radon levels in
indoor air equivalent to the national
average concentration of radon in
outdoor air. If an alternative MCL is
established, EPA must publish
guidelines and criteria for States to
develop multimedia radon mitigation
programs. EPA shall approve State
multimedia mitigation programs if they
are expected to achieve equal or greater
health risk reduction benefits than
would be achieved through compliance
with the MCL. If EPA approves a State
multimedia mitigation program, public
water supply systems within the State
may comply with the AMCL. If a State
does not have an approved multimedia
mitigation program, any public water
system may submit a program for
approval by EPA according to the same
criteria, conditions, and approval
process that would apply to a State
program. EPA shall evaluate
multimedia mitigation programs every
5 years.
Alternatives:
EPA considered a range of MCL options
for radon in drinking water in the
Health Risk Reduction and Cost
Analysis (HRRCA) (published in
February 1999). The primary alternative
is for a State or public water system
to develop a multimedia mitigation
program in order for it to comply with
the AMCL. The National Academy of
Sciences provided information on key
factors (the water to air transfer factor
and the national average outdoor radon
level) that EPA will use in setting the
AMCL.
Anticipated Cost and Benefits:
The total annual costs of compliance
with the MCL of 300 pCi/1 for radon
in drinking water and the associated
information collection and reporting
requirements is estimated at $407
million. In complying with 300 pCi/1,
an estimated 62.0 fatal and 0.2 non-
fatal cancer cases are avoided each
year. Because EPA expects that most
States and systems will choose to
comply with the alternative maximum
contaminant level (AMCL) of 4,000
pCi/1 and implement a Multi-Media
Mitigation (MMM) program, EPA
expects the total annual costs of
compliance with the radon rule to be
significantly less than $407 million. If
most States and systems comply with
the AMCL and implement a MMM
program, the total annual costs of
compliance are estimated at
approximately $86 million. The
quantifiable benefits of the health risk
reduction are estimated to be $362
million for either implementation
scenario. EPA expects compliance with
the AMCL and implementation of a
MMM program to achieve equal or
greater risk reduction than is expected
with strict compliance with the MCL.
Risks:
Radon is a naturally occurring volatile
gas formed from the normal radioactive
decay of uranium. It is colorless,
odorless, tasteless, chemically inert,
and radioactive. Exposure to radon and
its progeny is believed to be associated
with increased risks of several kinds of
cancer. When radon or its progeny are
inhaled, lung cancer accounts for most
of the total incremental cancer risk.
Ingestion of radon in water is suspected
of being associated with increased risk
of tumors of several internal organs,
primarily the stomach. As required by
the SDWA, as amended, EPA arranged
for the National Academy of Sciences
(NAS) to assess the health risks of
radon in drinking water. The NAS
released the pre-publication draft of a
report on the Risks of Radon in
Drinking Water, (NAS Report) in
September 1998 and published the
report in July 1999. The analysis in this
RIA uses information from the 1999
NAS Report. The NAS Report
represents a comprehensive assessment
of scientific data gathered to date on
radon in drinking water. The report, in
general, confirms earlier EPA scientific
conclusions and analyses of radon in
drinking water.
NAS estimated individual lifetime unit
fatal cancer risks associated with
exposure to radon from domestic water
use for ingestion and inhalation
pathways. The results show that
inhalation of radon progeny accounts
for most (approximately 88 percent) of
the individual risk associated with
domestic water use, with almost all of
the remainder (11 percent) resulting
from directly ingesting radon in
drinking water. Inhalation of radon
progeny is associated primarily with
increased risk of lung cancer, while
ingestion exposure is associated
primarily with elevated risk of stomach
cancer.
The NAS Report confirmed that indoor
air contamination arising from soil gas
typically accounts for the bulk of total
individual risk due to radon exposure.
Usually, most radon gas enters indoor
air by diffusion from soils through
basement walls or foundation cracks or
openings. Radon in domestic water
generally contributes a small proportion
of the total radon in indoor air.
However, NAS recognized that radon in
water is the largest source of cancer
risk in drinking water compared to
other regulated chemicals in water.
The NAS Report is one of the most
important inputs used by EPA in its
regulatory impact analysis. EPA has
used the NAS's assessment of the
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64043
cancer risks from radon in drinking
water to estimate both the health risks
posed by existing levels of radon in
drinking water and also the cancer
deaths prevented by reducing radon
levels,
Timetable:
Action
ANPRM
NPRM
Notice
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
11/02/99
08/00/00
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59245
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 2281
Agency Contact:
Sylvia Malm
Environmental Protection Agency
Water
4607
Phone: 202260-0417
Email: malm.sylvia@epa.gov
R1N: 2040-AA94
EPA
118. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER 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 300(f), SDWA sec 1412
CFR Citation:
40CFR 141; 40 CFR 142
Legal Deadline:
Final, Statutory, May 31, 2002.
Abstract:
The Safe Drinking Water Act as
amended in 1996 directs EPA to
promulgate regulations requiring
disinfection as necessary for ground
water systems. The intention is to
develop a protective public health
approach which assures a baseline of
protection for all consumers of ground
water and sets in place an increasingly
targeted strategy to identify high risk
or high priority systems that require
greater scrutiny or further action.
Development and implementation of
the rule will involve local, tribal, State
and Federal governments. The structure
of the rule is a series of barriers to
microbial contamination. The multiple-
barrier approach relies upon four major
components: 1) periodic onsite
inspections of ground water systems
requiring the evaluation of eight key
areas and the identification of
significant deficiencies; 2) source water
monitoring for systems drawing from
sensitive aquifers without treatment or
with other indications of risk; 3) a
requirement for correction of significant
deficiencies; and 4) a requirement for
treatment where contamination or
significant deficiencies are not or
cannot be corrected, and alternative
sources of drinking water are not
available. EPA believes that the
combination of these elements strikes
an appropriate regulatory balance
which tailors the intensity or burden
of protective measures and follow-up
action to the risk being addressed.
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 subject to treatment
technique requirements for the control
of pathogens. 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)(l)(A) of the Safe
Drinking Water Act (SDWA) requires
EPA to establish National Primary
Drinking Water Regulations for
contaminants that may have an adverse
public health effect and that present a
meaningful opportunity for health risk
reduction. This general provision is
supplemented with an additional
requirement under Section 1412(b)(8)
that EPA also develop regulations
specifying the use of disinfectants for
ground water systems as necessary.
Alternatives:
Not available at this time.
Anticipated Cost and Benefits:
Not available at this time.
Risks:
Not available at this time.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/00
11/00/00
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 2340
Statutory deadline for final: After
August 6,1999 but before May 31, 2002.
Agency Contact:
Tracy Bone
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-2954
RIN: 2040-AA97
EPA
119. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, Local or
Tribal Governments and the private
sector.
Legal Authority:
42 USC 300(f), SDWA sec 1412
CFR Citation:
40 CFR 141 (Revision); 40 CFR 142
(Revision)
Legal Deadline:
NPRM, Statutory, January 1, 2000.
Final, Statutory, January 1, 2001.
Abstract:
The Safe Drinking Water Act (SDWA)
Amendments of 1996 require EPA to
develop and carry out a study plan to
reduce the uncertainty in assessing
health risks of low levels of arsenic.
In addition, EPA must propose a
revised drinking water regulation for
arsenic by January 1, 2000, and issue
a final rule by January 1, 2001.
Currently the National Primary
Drinking Water Regulation (NPDWR)
for arsenic is 50 ppb, or 50 ug/L. The
-------
64044 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
National Academy of Sciences issued
a report in March 1999 that urged EPA
to lower the drinking water standard,
based on significantevidence that
inorganic arsenic causes bladder, lung
and skin cancer in humans. The report
recommended additional studies to
characterize heath effects at low doses
for cancers, cardiovascular disease,
diabetes, and reproductive effects. The
SDWA directs EPA to establish an
enforceable maximum contaminant
level (MCL) as close to the health-based
maximum contaminant level goal
(MCLG) as feasible, considering
treatment efficacy and costs, unless the
benefits of a standard set at this level
do not justify the costs, in which case
EPA may set a less stringent standard.
EPA must list affordable technologies
or treatment techniques that achieve
compliance with the MCL for three
categories of small systems considering
the quality of the source water.
Furthermore, alternatives to central
treatment, such as point-of-use and
point-of-entry devices, can be
considered for small systems that
maintain control over operation and
maintenance. At the time of proposal,
EPA must seek comment on its
analyses of the costs of compliance and
health risk reduction benefits likely to
occur as the result of treatment to
comply with the proposed MCL and
any alternatives being considered.
Statement of Need:
The U.S. Public Health Service first
established a drinking water standard
for arsenic at 50 Fg/L in 1942. The Safe
Drinking Water Act of 1974 (SDWA)
which amended the Public Health
Service Act specified that EPA set
drinking water standards. In 1975 EPA
issued a National Interim Primary
Drinking Water Regulation for arsenic
at 50 Fg/L, noting no illness. After
EPA's risk assessment approach
calculated a much lower arsenic criteria
to protect humans from skin cancer for
surface water quality criteria under the
Clean Water Act, the drinking water
program retained its 50 Fg/L standard.
EPA did not revise the standard as
required by 1986 amendments to
SDWA, based on the need to better
characterize health effects and assess
arsenic removal technologies. At that
time, EPA's analysis estimated it would
cost $2.1 billion a year to comply with
a standard protective of health (skin
cancer). The 1996 amendments to the
Safe Drinking Water Act require EPA
to determine whether the costs of
regulation would justify the benefits,
including consideration of
nonquantifiable benefits. In addition,
EPA must determine the incremental
costs and benefits of alternatives
considered that do not include what
would occur from compliance with
other proposed or final regulations. If
the costs do not justify the benefits, the
Administrator may choose to raise the
MCL to a level still protective of health
at which costs do justify the benefits.
As noted in U7 above, the 1999 report
issued by the National Academy of
Sciences definitely implicated
inorganic arsenic's effects on bladder,
lung, and skin cancer althoaugh it was
not able to determine the shape of the
dose-response curve below 50 ppb.
However, based on existing data, and
in order to be adequately protective,
EPA is urged to lower the drinking
water standard as soon as possible.
Summary of Legal Basis:
1412(b)(12) CERTAIN
CONTAMINANTS.
(A) ARSENIC.: i) SCHEDULE AND
STANDARD.— notwithstanding the
deadlines set forth in paragraph (1), the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic pursuant to this
subsection, in accordance with the
schedule established by this paragraph.
(ii) STUDY PLAN.— Not later than 180
days after the date of enactment of this
paragraph, the Administrator shall
develop a comprehensive plan for
study in support of drinking water
rulemaking to reduce the uncertainty in
assessing health risks associated with
exposure to low levels of arsenic. In
conducting such study, the
Administrator shall consult with the
National Academy of Sciences, other
Federal agencies, and interested public
and private entities.
(iii) COOPERATIVE AGREEMENTS.—
In carrying out the study plan, the
Administrator may enter into
cooperative agreements with other
Federal agencies. State and local
governments, and other interested
public and private entities.
(iv) PROPOSED REGULATIONS.- The
Administrator shall propose a national
primary drinking water regulation for
arsenic not later than January 1, 2000.
(v) FINAL REGULATIONS.— Not later
than January 1, 2001, after notice and
opportunity for public comment, the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic.
(vi) AUTHORIZATION.— There are
authorized to be appropriated
$2,500,000 for each of fiscal years 1997
through 2000 for the studies required
by this paragraph.
Also see: 1412(b)(4)(E)(ii) for listing
small system technologies;
1412(b)(4)(C) for requiring analysis of
whether costs justify benefits;
1412(b)(3)(C)(i) for other requirements
for the cost-benefit analyses;
1412(b)(15) for small system variance
technologies, if, considering the source
water, no treatment technology is
listed.
Alternatives:
EPA is considering arsenic MCL
options of 3, 5, 10, 15, and 20 Fg/L
and performing costs and benefits
analyses of each of these alternatives,
measured as reducing drinking water
arsenic from the current standard of 50
Fg/L. This analysis includes flexibility
to allow additional technologies for
small systems, as allowed by the 1996
amendments to the statute. In addition,
depending on the option chosen, EPA
may list some small system variance
technologies that consider the quality
of source water treated which may not
reach the MCL but will be protective
of health.
Anticipated Cost and Benefits:
Not yet available.
Risks:
According to the report issued by the
National Academy of Sciences, the risk
of male bladder cancer at the current
standard Is 1 to 1.5 additional cancers
per thousand people, or 1-1.5x10-3,
based on a default linear approach.
Timetable:
Action
Date
FR Cite
Plan Arsenic Study 12/24/96 61 FR 67800
NPRM 01/00/00
Final Action 01/00/01
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 2807
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64045
Agency Contact:
Irene Dooley
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-9531
Fax: 202 260-3762
Email: dooley.irene@epa.gov
RIN: 2040-AB75
EPA
120. LONG TERM 1 ENHANCED
SURFACE WATER
TREATMENT/FILTER BACKWASH
RULE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, Local or
Tribal Governments.
Legal Authority:
SDWA 1412(b)(2)(C); SDWA
1412(b)(14)
CFR Citation:
Not Yet Determined
Legal Deadline:
Final, Statutory, August 30, 2000, Filter
Backwash Rule Provisions.
Final, Statutory, November 30, 2000,
LT1 provisions.
Abstract:
The purposes of the Long Term 1 Filter
Backwash rule (LT1FBR) are to: 1)
improve control of microbial pathogens
in drinking water, including
Cryptosporidium, for PWSs serving
fewer than 10,000 people; 2) prevent
increases in microbial risk while PWSs
serving fewer than 10,000 people
control for disinfection byproducts,
and; 3) require certain public water
systems (PWSs) to institute changes to
the return of recycle flows within the
treatment process to reduce the effects
of recycle on compromising microbial
control. The rule responds to the
statutory requirement to establish a
Long Term Final Enhanced Surface
Water Treatment Rule (LTESWTR)
affecting PWSs that serve under 10,000
people. It also addresses the statutory
requirement to promulgate a regulation
which "governs" the recycle of filter
backwash within the treatment process
of public utilities.
The proposed LT1FBR will contain 5
key provisions for systems serving
fewer than 10,000 people: 1) a 2-log
Cryptosporidium removal requirement
for systems practicing conventional or
direct filtration; 2) strengthened
combined filter effluent turbidity
performance standards and new
individual filter turbidity provisions; 3)
disinfection benchmark provisions to
assure continued microbial protection
is provided while facilities take the
necessary steps to comply with new
disinfection byproduct standards (63
FR 69390, December 16, 1998); 4)
inclusion of Cryptosporidium in the
definition of ground water under the
direct influence of surface water
(GWUDI) and in the watershed control
requirements for unfiltered public
water systems; and 5) requirements for
covers on new finished water
reservoirs. The proposed LT1FBR will
contain three key provisions for all
systems: 1) a provision requiring
recycle flows be introduced at the head
of the plant; 2) a requirement for plants
meeting criteria to perform a one-time
self assessment of their recycle practice
and consult with their primacy Agency
to address and correct high risk recycle
operations; and 3) a requirement for
direct filtration plants to provide
information to the State on their
current recycle practice.
Statement of Need:
The National Academy of Sciences
identified Cryptosporidium as one of
the major threats to public Health. This
resulted in the requirements for an
Interim and Long Term Enhanced
Surface Water Treatment Rule, as well
as a governing the recycle of filter
backwash in the 1996 Safe Drinking
Water Act Amendments.
Summary of Legal Basis:
1412(b)(2)(C): "The Administrator shall
promulgate in Interim Enhanced
Surface Water Treatment Rule, a Final
Enhanced Surface Water Treatment
Rule, A Stage I Disinfectants and
Disinfection byproducts Rule in
accordance with the schedule
published in volume 59, Federal
Register, page 6361 (February 10, 1994),
in table III. 13 of the proposed
Information collection rule. If a delay
occurs with respect to the promulgation
of any rule in the schedule referred to
in this subparagraph, all subsequent
rules shall be completed as
expeditiously as practicable but no later
than a revised date that reflects the
interval or intervals for the rules in the
schedule."
1412(b)(14): RECYCLING OF FILTER
BACKWASH - "The Administrator
shall promulgate a regulation to govern
the recycling of filter backwash water
within the treatment process of a public
water system. The Administrator shall
promulgate such regulation not later
than 4 years after the date of enactment
of the Safe Drinking Water Act
Amendments of 1996 unless such
recycling has been addressed by the
Administrator's Enhanced Surface
Water Treatment Rule prior to such
date."
Alternatives:
The Long Term 1 Enhanced Surface
Water Treatment rule/Filter Backwash
used the Interim Enhanced Surface
Water Treatment rule (IESWTR) as a
template to develop the turbidity and
disinfection benchmarking
requirements of the rule. The Agency
has considered several alternatives in
the development of these regulatory
provisions. These alternatives include:
Turbidity: The Agency recognized that
small system operators are often not
present during the full hours of
operation at a water treatment plant.
The Agency is therefore proposing a
monitoring scheme that requires less
operator review and record keeping
time than was required for the IESWTR.
Disinfection Benchmarking: Again, in
an attempt to reduce operators data
gathering and record keeping time, as
well as reduce cost, the Agency is
recommending provisions that will
allow the operator to ensure that the
plant is achieving satisfactory
disinfection, while planning for the
reduction in disinfection byproducts.
Filter Backwash: The Agency
considered several more stringent
alternatives when developing the filter
backwash provisions. A lack of data
associating the occurrence of
Cryptosporidum in filter backwash
water and finished water in plants
which recycle backwash, has resulted
in a recommendation of less restrictive
provisions. The Agency considered
requiring two types of treatment of
filter backwash recycle, but has instead
recommended monitoring and reporting
of practices to the State.
Anticipated Cost and Benefits:
Costs and benefits still under
development.
Risks:
Risk analysis still under development.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/00
08/00/00
-------
64046 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 4147
The Filter Backwash Recycling
Regulations, previously listed
separately in the Regulatory Agenda
(RIN 2040-AD17) has been merged into
this rule. It is listed as "completed"
elsewhere in the Agenda.
Agency Contact:
Steve Potts
Environmental Protection Agency
Water
Washington, DC 20460
Phone: 202 260-5015
Fax: 202410-6135
Email: potts.steve@epa.gov
Steve Potts
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-5015
Email: potts.steve@epa.gov
RIN: 2040-AD18
EPA
121. EFFLUENT GUIDELINES AND
STANDARDS FOR THE FEEDLOTS
POINT SOURCE CATEGORY, SWINE
AND POULTRY SUBCATEGORIES,
AND NPDES REGULATION FOR
CONCENTRATED ANIMAL FEEDING
OPERATIONS
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
33 USC 1311,CWAsec301;33USC
1314, CWA sec 304; 33 USC 1316,
CWA sec 306; 33 USC 1317, CWA sec
307; 33 USC 1318, CWA sec 308; 33
USC 1342, CWA sec 402; 33 USC 1361,
CWA sec 501
CFR Citation:
40CFR412; 40 CFR 122.23
Legal Deadline:
NPRM, Judicial, December 31, 1999.
Final, Judicial, December 31, 2001.
Abstract:
Feedlot operations are covered by •
existing effluent guidelines at 40 CFR
412 and concentrated animal feeding
operations (CAFOs) are covered by
regulations at 40 CFR 122.23. This
action will revise the existing
regulations for two of the effluent
guidelines subcategories to address
swine and poultry operations and the
NPDES regulation for concentrated
animal feeding operations. The existing
regulations, which require the largest
confined animal feeding operations to
achieve zero discharge of wastes to
surface waters except for certain storm
related discharges, have not been
sufficient to resolve water quality
impairment from feedlot operations.
Swine and poultry operations have
been identified as substantial
contributors of nutrients in surface
waters that have severe anoxia (low
levels of dissolved oxygen) and
problem algae blooms.
Statement of Need:
Inputs of nutrients, most notably
nitrogen and phosphorus, are essential
for profitable crop and animal
agriculture. However, nitrogen and
phosphorus export in watershed runoff
can accelerate the eutrophication of
surface waters, nitrate leaching through
the soil profile can contaminate
groundwater aquifers, and ammonia
volatilization and odors from manure
storage and land application degrade
air quality. The rapid growth and
intensification of animal production in
many areas has created regional
imbalances in nutrient inputs from feed
and fertilizer, and nutrient output in
crops and animals. In many of these
areas, nutrients produced in animal
manures exceed crop needs and pose
risks to the environment.
Summary of Legal Basis:
The Clean Water Act (CWA) requires
EPA to establish effluent limitations
guidelines and standards to regulate the
quality of point source discharges. In
addition, EPA is required to
periodically review and revise, if
appropriate, the existing effluent
guidelines and standards and the
existing implementing regulations for
NPDES permits. EPA is also required
to revisit these effluent guidelines to
satisfy a provision in a Consent Decree
entered in settlement of Natural
Resources Defense Council et al v.
Reilly, (D.D.CNo. 89-2980).
Alternatives:
The CWA requires effluent guidelines
to be established on a technology basis.
Limitations are to be based on the
performance of specific technology
levels, such as the best available
technology economically achievable.
For animal feeding operations, EPA is
considering a range of regulatory
alternatives that includes management
practices, traditional pollution control
technologies, and alternative
technologies/practices that recover the
energy value or alter the
handling/marketability characteristics
of animal wastes. EPA is also
considering whether alternative
pollution control requirements should
be established for smaller animal
feeding operations, recognizing that
circumstances at smaller operations
may warrant special consideration.
Anticipated Cost and Benefits:
The types of benefits associated with
revisions to effluent guidelines for
animal feeding operations include
improvements to surface water and
groundwater. Reduced risks to human
health are expected to result from these
improvements in environmental
quality. Surface water benefits will
principally derive from reduced
loadings of nutrients in runoff from
animal confinement, manure storage,
and land application areas. Discharges
of metals and pathogens to surface
waters will also be reduced. This
reduction in pathogens will result in
fewer beach and shellfish bed closings.
Revisions to effluent guidelines will
lessen the degree to which nitrate
leaches through the soil and
contaminates groundwater. The costs
associated with this regulation will
include capital expenses to purchase or
install facility upgrades to the existing
manure storage structures and feedlot
stormwater diversions. There may be
capital expenditures associated with
manure application equipment.
Risks:
The changes under consideration for
effluent guidelines will reduce adverse
water quality impacts caused by runoff
from animal feeding operations, thereby
reducing risks to aquatic habitat and
public health.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/99
12/00/01
Regulatory Flexibility Analysis
Required:
Undetermined
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64047
Small Entities Affected:
No
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 4153
Sectors Affected:
11221 Hog and Pig Farming; 11232
Broilers and Other Meat Type Chicken
Production; 11231 Chicken Egg
Production; 112112 Cattle Feedlots;
11212 Dairy Cattle and Milk
Production; 11241 Sheep Farming;
11233 Turkey Production; 11292 Horse
and Other Equine Production; 11239
Other Poultry Production
Agency Contact:
Jan Goodwin
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-7152
Fax: 202 260-7185
Email: goodwin.janet@epa.gov
Shelley Fudge
Environmental Protection Agency
Water
4203
Washington, DC 20460
Phone: 202 260-8496
Fax: 202 260-1460
Email: fudge.shelley@epa.gov
RIN: 2040-AD19
EPA
122. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE FEEDLOTS POINT SOURCE
CATEGORY, DAIRY AND BEEF
CATTLE SUBCATEGORIES
Priority:
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
33 USC 1311, CWA sec 301; 33 USC
1314, CWA sec 304; 33 USC 1316,
CWA sec 306; 33 USC 1317, CWA sec
307; 33 USC 1318, CWA sec 308; 33
USC 1342, CWA sec 402; 33 USC 1361,
CWA sec 501
CFR Citation:
40CFR412
Legal Deadline:
NPRM, Judicial, December 31, 2000.
Final, Judicial, December 31, 2002.
Abstract:
Feedlot operations are covered by
existing effluent guidelines at 40 CFR
412. This new regulatory action will
revise the existing regulations for two
of the subcategories—dairy and beef
cattle operations. The existing
regulations, which require the largest
confined animal feeding operations to
achieve zero discharge of wastes to
surface waters except for certain storm
related discharges, have not been
sufficient to resolve water quality
impairment from feedlot operations.
Beef and dairy cattle operations
represent a large segment of the feedlot
industry and have been identified as
substantial contributors of nutrients in
surface waters that have severe anoxia
(low levels of dissolved oxygen) and
affect drinking water sources in some
regions of the country.
Statement of Need:
Inputs of nutrients, most notably
nitrogen and phosphorus, are essential
for profitable crop and animal
agriculture. However, nitrogen and
phosphorus export in watershed runoff
can accelerate the eutrophication of
surface waters, nitrate leaching through
the soil profile can contaminate
groundwater aquifers, and ammonia
volatilization and odors from manure
storage and land application degrade
air quality. The rapid growth and
intensification of anima} production in
many areas has created regional
imbalances in nutrient inputs from feed
and fertilizer, and nutrient output in
crops and animals. In many of these
areas, nutrients produced in animal
manures exceed crop needs and pose
risks to the environment.
Summary of Legal Basis:
The Clean Water Act (CWA) requires
EPA to establish effluent limitations
guidelines and standards to regulate the
quality of point source discharges. In
addition, EPA is required to
periodically review and revise, if
appropriate, the existing effluent
guidelines and standards. EPA is also
required to revisit these effluent
guidelines to satisfy a provision in a
Consent Decree entered in settlement of
Natural Resources Defense Council et
al v. Reilly, (D.D.C No. 89-2980).
Alternatives:
The CWA requires effluent guidelines
to be established on a technology basis.
Limitations are to be based on the
performance of specific technology
levels, such as the best available
technology economically achievable.
For animal feeding operations, EPA is
considering a range of regulatory
alternatives that includes management
practices, traditional pollution control
technologies, and alternative
technologies/practices that recover the
energy value or alter the
handling/marketability characteristics
of animal wastes. EPA is also
considering whether alternative
pollution control requirements should
be established for smaller animal
feeding operations, recognizing that
circumstances at smaller operations
may warrant special consideration.
Anticipated Cost and Benefits:
The types of benefits associated with
revisions to effluent guidelines for
animal feeding operations include
improvements to surface water and
groundwater. Reduced risks to human
health are expected to result from these
improvements in environmental
quality. Surface water benefits will
principally derive from reduced
loadings of nutrients in runoff from
animal confinement, manure storage,
and land application areas. Discharges
of metals and pathogens to surface
waters should also be reduced.
Revisions to effluent guidelines will
lessen the degree to which nitrate
leaches through the soil and
contaminates groundwater. The costs
associated with this regulation will
include capital expenses to purchase or
install facility upgrades to the existing
manure storage structures and feedlot
stormwater diversions. There may be
capital expenditures associated with
manure application equipment as well
as operation & maintenance costs.
Risks:
The changes under consideration for
effluent guidelines will reduce adverse
water quality impacts caused by runoff
from animal feeding operations, thereby
reducing risks to aquatic habitat and
public health.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
State, Tribal, Federal
-------
64048 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
Additional Information:
SAN No. 4167
Sectors Affected:
112112 Cattle Feedlots; 11212 Dairy
Cattle and Milk Production
Agency Contact:
Ron Jordan
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202260-7115
Email: jordan.ronald@epa.gov
RIN: 2040-AD21
EPA
FINAL RULE STAGE
123. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
PL 104-134; PL 105-65
CFR Citation:
40 CFR 35
Legal Deadline:
None
Abstract:
This proposed regulation: (1) updates,
clarifies, and streamlines requirements
governing environmental program
grants; (2) establishes requirements for
the new Performance Partnership Grant
(PPG) program; and (3) establishes
requirements for grant programs that
began after the original rule was
published.
Statement of Need:
Since EPA was formed in 1970, State
capacity and responsibility for
implementing environmental and
public health protection programs has
grown steadily. Until 1996, State and
Interstate agencies could receive EPA
assistance in carrying out their
environmental programs only through a
variety of categorical environmental
grants, such as grants for water
pollution control, air pollution control,
and hazardous substance control.
Meanwhile, environmental problems
and their solutions have grew more
complex and solutions to these
complex problems often crossed EPA
program lines. In light of this
complexity, State and EPA leaders
recognized that continued
environmental progress could be best
achieved if EPA and States worked
together more effectively as partners
and environmental programs were
made more flexible in terms of their
coverage.
In response, EPA asked Congress for
new authority that would provide that
needed flexibility. In 1996, Congress
authorized the award of Performance
Partnership Grants (PPGs), in which
State and interstate agencies can choose
to combine two or more environmental
program grants.
This proposed rule will implement the
PPG program which promotes State-
EPA collaboration; provides
opportunities for innovation; and
reduces paperwork. EPA expects the
rule will foster joint planning and
priority-setting by explicitly requiring
that State priorities and needs be
considered, along with national and
Regional guidance, in negotiating grant
work plans, consistent with the
National Environmental Performance
Partnership System (NEPPS). Under
this rule, a State can choose to organize
its grant work plans in accord with
environmental goals and objectives or
in other new ways rather than using
categories pre-defined by EPA. The
length of a grant budget period will be
negotiable. These opportunities
afforded by the PPG program and this
rule are available to all States.
This rule accommodates all potential
variations in how EPA and individual
States work to build partnerships. The
rule is also minimizes duplicative effort
by allowing for multiple uses of
information or processes wherever
appropriate. The regulation advances
ongoing efforts to build more effective
State-EPA partnerships and to improve
environmental conditions by providing
States with increased flexibility to
direct resources where they are needed
most to address environmental and
public health needs.
Summary of Legal Basis:
Not required by law or court order.
Alternatives:
EPA can continue to award PPGs under
guidance prepared by the agency and
announced in the Federal Register.
Anticipated Cost and Benefits:
The rule does not result in any new
costs. It is expected to allow cost and
administrative savings for States by
reducing the amount of grant
paperwork and by simplifying
accounting requirements that do not
require the recipient to account for
expenditures in accordance with their
original funding sources. With PPGs,
recipients can negotiate work plans
with EPA that direct Federal funds
where the recipients need them most
to address environmental and public
health problems. Recipients can also try
new multi-media approaches and
initiatives, such as children's health
protection programs, multi-media
inspections, compliance assistance
programs, and ecosystem management,
that were difficult to fund under
traditional categorical grants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/23/99 64 FR 63731
02/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Federal
Additional Information:
SAN No. 3736
Agency Contact:
Scott McMoran
Environmental Protection Agency
Administration and Resource
Management
3903R
Washington, DC 20460
Phone- 202 564-5376
RIN: 2030-AA55
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64049
EPA
124. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
PL 104-134; PL 105-65
CFR Citation:
40 CFR 35
Legal Deadline:
None
Abstract:
This proposed regulation will: (1)
update, clarify, and streamline
requirements governing environmental
program grants; (2) establish
requirements for the new Performance
Partnership Grant (PPG) program; and
(3) establish requirements for grant
programs that were developed after the
original rule was published. (EPA is
also issuing a regulation governing
environmental program grants to State
and Interstate agencies.)
Statement of Need:
This regulation provides a Tribal-
specific Subpart which is intended to
be easy to use; optimizes the
administration of Tribal assistance
programs through increased flexibility;
and removes procedural impediments
to effective environmental programs for
Indian Tribes.
Since EPA was formed in 1970, tribal
capacity and responsibility for
implementing environmental and
public health protection programs has
grown steadily. Until 1996, Tribes and
Intertribal Consortia could receive EPA
assistance in carrying out their
environmental programs only through a
variety of categorical environmental
grants, such as grants for water
pollution control, air pollution control,
and safe drinking water. During that
time, environmental problems and their
solutions grew more complex and
solutions to those complex problems
often crossed EPA program lines. In
light of this complexity, Tribal and EPA
leaders recognized that continued
environmental progress could be best
achieved if EPA and the Tribes worked
together more effectively as partners
and environmental programs were
made more flexible in terms of their
coverage.
In response, EPA asked Congress for
new authority that would provide that
needed flexibility. In 1996, Congress
authorized the award of Performance
Partnership Grants (PPGs), in which
Tribes and Intertribal Consortia can
choose to combine two or more
environmental program grants.
This proposed rule will implement the
PPG program which promotes Tribal-
EPA collaboration; provides
opportunities for innovation; and
reduces paperwork. EPA expects the
rule will foster joint planning and
priority-setting by explicitly requiring
that Tribal priorities and needs be
considered, along with national and
Regional guidance, in negotiating grant
work plans, consistent with the
National Environmental Performance
Partnership System (NEPPS). Under
this rule, a Tribe can choose to organize
its grant work plans in accord with
environmental goals and objectives or
in other new ways rather than using
categories pre-defined by EPA. The
length of a grant budget period will be
negotiable. These opportunities
afforded by the PPG program and this
rule are available to all Tribes which
receive grants under more than one
EPA environmental program.
This rule accommodates all potential
variations in how EPA and individual
Tribes work to build partnerships. The
rule is also minimizes duplicative effort
by allowing for multiple uses of
information or processes wherever
appropriate. The regulation advances
ongoing efforts to build more effective
Tribal-EPA partnerships and to improve
environmental conditions by providing
Tribes with increased flexibility to
direct resources where they are needed
most to address environmental and
public health needs.
Summary of Legal Basis:
Not required by law or court order.
Alternatives:
EPA can continue to award PPGs under
guidance prepared by the agency and
announced in the Federal Register.
Anticipated Cost and Benefits:
The rule does not result in any new
costs. It is expected to achieve cost and
administrative savings for Tribes by
reducing the amount of grant
paperwork and by simplifying
accounting requirements that do not
require the recipient to account for
expenditures in accordance with their
original funding sources. With PPGs,
recipients can negotiate work plans
with EPA that direct Federal funds
where the recipients need them most
to address environmental and public
health problems. Recipients can also try
new multi-media approaches and
initiatives, such as children's health
protection programs, multi-media
inspections, compliance assistance
programs, and ecosystem management,
that were difficult to fund under
traditional categorical grants.
Risks:
There are no known risks.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/23/99
02/00/00
64 FR 63732
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Tribal, Federal
Additional Information:
SAN No. 4128
Agency Contact:
Michelle McClendon
Environmental Protection Agency
Administration and Resource
Management
3903R
Washington, DC 20460
Phone: 202 564-5357
Fax: 202 565-2470
Email: mcclendon.michelle@epa.gov
RIN: 2030-AA56
EPA
125. NEW SOURCE REVIEW (NSR)
REFORM
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
CAA as amended, title I
-------
64050 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
CFR Citation:
40 CFR 51.160 to 51.166; 40 CFR 52.21;
40 CFR 52.24
Legal Deadline:
None
Abstract:
This action is to revise the CAA new
source review (NSR) regulations, which
govern the preconstruction air quality
review and permitting programs that
are implemented by States and the
Federal Government for new and
modified major stationary sources of air
pollution. This rulemaking will
deregulate, that is, exclude from major
NSR program requirements those
activities of sources that, with respect
to air pollution, have little
environmental impact. The rulemaking
will encourage pollution control and
pollution prevention projects at existing
sources. Control technology
requirements will be clarified with
respect to when and how they apply
to sources that are covered. The action
seeks to more clearly define the
appropriate roles and requirements of
sources, permitting authorities and
Federal land managers and EPA in the
protection of air-quality-related values
in Federal Class I areas (i.e., certain
national parks and wilderness areas)
under the NSR regulations. State, local,
and tribal permitting agencies will be
given more flexibility to implement
program requirements in a manner that
meets their specific air quality
management needs. Consequently, the
rulemaking decreases the number of
activities that are subject to NSR
requirements and also expedites the
permitting process for those sources
that are subject to NSR. This action is
designed to reduce the regulatory
burden over all industries without
respect to commercial size or capacity;
therefore, it should have no detrimental
impact on small businesses. Finally,
this action also addresses several
pending petitions for judicial review
and administrative action pertaining to
NSR applicability requirements and
control technology review
requirements. Regulations that will be
affected are State implementation plan
requirements for review of new sources
and modifications to existing sources
(40 CFR 51.160-166), the Federal
prevention of significant deterioration
program (40 CFR 52.21), and Federal
restriction on new source construction
(40 CFR 52.24).
Statement of Need:
In August 1992, EPA voluntarily
initiated a comprehensive effort to
reform the NSR process. This effort was
initiated to examine complaints from
the regulated community that the
current regulatory scheme is too
complex, needlessly delays projects,
and unduly restricts source flexibility.
Currently there are no applicable
statutory or judicial deadlines for the
NSR reform rulemaking effort. The goal
of this effort is to address industry's
concerns without sacrificing the
environmental benefits embodied in the
present approach; that is, protecting
and improving local air quality, and
stimulating pollution prevention and
advances in control technologies.
In July 1993, the New Source Review
(NSR) Reform Subcommittee of the
Clean Air Act Advisory Committee was
formed. The Subcommittee's purpose is
to provide independent advice and
counsel to EPA on policy and technical
issues associated with reforming the
NSR rules. The Subcommittee was
composed of representatives from
industry, State/local air pollution
control agencies, environmental
organizations, EPA headquarters and
regions, and other Federal agencies
(National Park Service and Forest
Service, Department of Energy, and the
Office of Management and Budget).
Summary of Legal Basis:
There are no applicable statutory or
judicial deadlines for the NSR reform
rulemaking effort. However, the rule
will address three outstanding
settlement agreements: CMA Exhibit B,
Top-down BACT, and the applicability
test for modifications at utilities
("WEPCO").
Alternatives:
The Subcommittee discussed numerous
options for implementing NSR reform.
However, EPA's primary focus has been
to consider the specific
recommendations developed by the
Subcommittee and, where appropriate,
use them in this rulemaking effort. In
January 1996, EPA, as part of another
regulatory streamlining measure,
merged portions of a separate
rulemaking to implement the 1990 CAA
Amendments with the Reform effort.
The combined package was proposed
in the Federal Register on July 23,
1996. On July 24, 1998, EPA issued
another Federal Register Notice seeking
comment on two applicability
provisions. On February 2-3, 1999, EPA
convened a public meeting to listen to
new stakeholder proposals for
streamlining NSR applicability and
control technology requirements.
Stakeholder groups submitted written
proposals during May and June 1999.
Discussions on these proposals will
conclude by October 1999.
Anticipated Cost and Benefits:
From a cost perspective, the proposed
rulemaking represents a decrease in
applications and recordkeeping costs to
industry of at least $13 million per
year, as compared to the preexisting
program, based primarily on the fact
that fewer sources will need to apply
for major source permits. In addition,
the cost to State and local agencies will
be reduced by approximately $1.4
million per year. The Federal
Government should realize a savings of
approximately $116,000 per year.
Additional cost reductions, which are
difficult to quantify, will be realized
due to the streamlining effect of the
rulemaking on the permitting process,
for example, the opportunity costs for
shorter time periods between permit
application and project completion and
reduced uncertainty in planning for
future source growth.
Risks:
This is a procedural rule applicable to
a wide variety of source categories.
Moreover, it applies to criteria
pollutants for which NAAQS have been
established. This action is considered
environmentally neutral. However, any
potential risks are considered in the
NAAQS rulemaking from a national
perspective.
Timetable:
Action
NPRM
Final Action
Date FR Cite
07/23/96 61 FR 38249
05/00/00
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 325
Agency Contact:
Dennis Grumpier
Environmental Protection Agency
Air and Radiation
MD-12
Research Triangle Park, NC 27711
Phone: 919 541-0871
Email: crumpler.dennis@epa.gov
RIN: 2060-AE11
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64051
EPA
126. NONROAD SPARK-IGNITION
ENGINES AT OR BELOW 19
KILOWATTS (25 HORSEPOWER)
(PHASE 2)
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7547, CAA sec 213
CFR Citation:
40 CFR 90
Legal Deadline:
None
Abstract:
This action will establish the second
phase of emissions standards for new
nonroad spark-ignition engines at or
below 19 kilowatts (25 horsepower), as
required by section 213(a)(3) of the
Clean Air Act, as amended. The
Environmental Protection Agency (EPA)
had been developing the second phase
of small-engine regulations through a
negotiated rulemaking, with
representation by engine manufacturers,
equipment manufacturers, emissions
control manufacturers, equipment
dealers, environment and public health
interests, and State air programs. The
negotiations came to an end on
February 16, 1996 with no consensus
reached. EPA will now develop the
rulemaking through other means.
The affected engines are used in lawn,
garden, and utility equipment, such as
lawnmowers, string trimmers, chain
saws, and small pumps and generators.
The first phase was established July 3,
1995 (60 FR 34582), effective for the
1997 model year, and was very similar
to the tier 1 small-engine regulations
developed by California for the same
engines. Regulated pollutants are
hydrocarbons, carbon monoxide, and
oxides of nitrogen.
Statement of Need:
Nonroad engines contribute
significantly to total ozone precursor
and CO emissions in areas that have
failed to attain the National ambient air
quality standards (NAAQS) for ozone
and CO. Requirements for emissions
reductions will help many areas
achieve the NAAQS. The second phase
will include additional controls not
achievable in the time frame of the first
phase, which are necessary for
continued attainment of NAAQS.
Summary of Legal Basis:
Clean Air Act Section 213.
Alternatives:
Regulation of this category of engines
was split into two phases on the
recommendation of the regulated
industry, in order to obtain some early
reductions quickly while providing
sufficient lead-time to develop and
implement an appropriate second
phase. The regulatory negotiation
committee was convened for the second
phase to ensure that all possible
options for achieving appropriate
emissions reductions from this sector
were considered.
Anticipated Cost and Benefits:
The regulatory negotiation committee is
developing the rule, including setting
of emissions standards levels, based on
a cost/benefit analysis that considers
cost per ton of emissions reduced as
well as cost per engine. Until that
process is complete, the specific costs
and benefits are unknown. The benefits
of phase 1 were a 32 percent reduction
in hydrocarbons and a 7 percent
reduction in carbon monoxide from
these engines, at a cost of $266 per ton
of hydrocarbons reduced.
Risks:
Over 89 million small engines
contribute to unhealthy ozone and
carbon monoxide levels in nearly 100
cities across the country. An estimated
6.8 million tons of air pollution are
generated from lawn and garden
equipment each year. Carbon monoxide
is an odorless, colorless poisonous gas.
Hydrocarbons and oxides of nitrogen
contribute to the formation of ground-
level ozone, which is a noxious
pollutant that impairs lung functioning
and is a key ingredient in smog.
Timetable:
Action
Date FR Cite
ANPRM 03/27/97 62 FR 14740
NPRM Non-hand-held 01/27/98 63 FR 3950
engines
NPRM Hand-held 01/27/98 63 FR 3950
engines
Final Action Non- 03/30/99 64 FR 15207
hand-held engines
Final Action Hand- 03/00/00
held engines
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 3361
Agency Contact:
Betsy McCabe
Environmental Protection Agency
Air and Radiation
NFEVL
Ann Arbor, MI 48105
Phone: 734 241-4344
RIN: 2060-AE29
EPA
127. IMPLEMENTATION OF OZONE
AND PARTICIPATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS) AND
REGIONAL HAZE REGULATIONS
Priority:
Other Significant. Major under 5 USC
801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
Clean Air Act, title I
CFR Citation:
40 CFR 50; 40 CFR 51; 40 CFR 52; 40
CFR 81
Legal Deadline:
None
Abstract:
On July 18, 1997, EPA issued new,
updated air quality standards for ozone
(62 FR 38856) and paniculate matter
(PM) (62 FR 38652). Pursuant to
President Clinton's implementation
strategy as outlined in a July 16, 1997
memorandum to EPA Administrator
Carol Browner, EPA had been
developing guidance and rules for
sensibly and cost-effectively meeting
the new standards. For ozone, the
implementation plan will emphasize a
regional, State-sponsored approach that
addresses the long-distance transport of
ozone. On October 27, 1998, EPA
published a final rule (sometimes
referred to as the NOx SIP Call) to
require broad regional emissions
reductions of NOx gases which
contribute to the formation of ozone (63
FR 57356, October 27, 1998). On
November 17, 1998, EPA made
available for comment proposed
implementation guidance on
implementing the revised ozone and
PM NAAQS and regional haze program.
On May 14, 1999, however, the U.S.
Court of Appeals for the D.C. Circuit
issued an opinion concerning the
-------
64052 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
revised ozone and particulate matter
NAAQS (American Trucking Assoc.,
Inc. et al. v. USEPA, No. 97-1440 (May
14, 1999)) in which the Court stated,
among other things, that the revised 8-
hour ozone standard "cannot be
enforced." The Court also vacated the
revised PM10 NAAQS and remanded
the PM2.5 NAAQS. On June 28, 1999,
EPA requested a rehearing of the case
before the Court on three issues,
including enforcement of the 8-hour
standard. Until the appeals process is
exhausted, EPA does not intend to
issue final guidance for implementation
of the standards affected by the Court's
decision. In final rules promulgated on
June 5, 1998 (63 FR 31013), July 22,
1998 (63 FR 39432), and June 9, 1999
(64 FR 30911), EPA identified areas
that have air quality meeting the 1-hour
ozone standard and revoked that
standard for those areas.
Statement of Need:
Development of programs for ozone and
PM are necessary to implement any
revised NAAQS under title 1 of the
Clean Air Act.
Summary of Legal Basis:
Title I of the Clean Air Act.
Alternatives:
This entry comprises the set of actions
the Agency plans to take to implement
the new ozone and fine particulate
standards. The major alternative facing
the Agency was whether to implement
the standards strictly on a state-by-state
basis, as has been the norm in the past,
or to take Federal action to address the
fact that emissions from one State affect
the ability of other States to achieve
the standards The Agency chose the
latter course, embodied in the NOx
Regional Strategy described above. The
other major set of alternatives involved
various possible strategies for
infrastructure design, such as the
designations of nonattainment areas
and the requirements that will apply
to them. The major issues in this area
were settled by the July 1997 issuance
of a Presidential Directive setting out
a flexible implementation policy, the
elements of which are summarized in
the abstract above.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis (RIA) for the final ozone and
PM NAAQS, as well as the regional
haze reduction program.
Risks:
The risks addressed by this
implementation plan are those of not
attaining the National Ambient Air
Quality Standards for Ozone and
Particulate Matter.
Timetable:
Action
Date
FR Cite
ANPRM 12/13/96 61 FR 65764
Notice Proposed 12/13/96 61 FR 65752
Policy
NPRM Regional Haze 07/31/97 62 FR 41138
Notice Review 10/23/97 62 FR 55201
Schedule for PM2.5
Standard
NPRM NOx Regional 11/07/97 62 FR 60318
Strategy SIP Call
Supplemental NPRM 05/11/98 63 FR 25902
NOx SIP Call
Supplemental
NPRM
Final Rule Areas 06/05/98 63 FR 31013
meeting 1-hour
ozone standard
Final Rule Additional 07/22/98 63 FR 39432
areas meeting 1-
hour ozone
standard
Final Rule NOx 10/27/98 63 FR 57356
Regional Strategy
SIP Call
Draft Guidance 11/17/98 63 FR 65593
Implementation
Planning
Final Rule Regional 07/01/99 64 FR 35713
Haze
Final Guidance To Be Determined
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
State, Local, Tribal
Additional Information:
SAN No. 3553
Agency Contact:
Denise Gerth
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5550
Email: gerth.denise@epa.gov
John Silvasi
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5666
Email: silvasi.john@epa.gov
RIN: 2060-AF34
EPA
128. CONSOLIDATED FEDERAL AIR
RULE FOR THE SYNTHETIC ORGANIC
CHEMICAL MANUFACTURING
INDUSTRY
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 7401 et seq
CFR Citation:
40 CFR 60; 40 CFR 61; 40 CFR 63
Legal Deadline:
None
Abstract:
Over the past 25 years, EPA has issued
a series of national air regulations,
many of which affect the same facility.
Some facilities are now subject to five
or six national rules, sometimes
affecting the same emission points.
Each rule has emission control
requirements as well as monitoring,
recordkeeping, and reporting
requirements.
These requirements may be duplicative
or overlapping.
All existing Federal air rules applicable
to an industry sector will be reviewed
to determine whether their provisions
can be consolidated into a single new
rule. Affected industries, State agencies,
and other stakeholders will be
consulted to identify duplicative
provisions. The chemical industry and
State representatives have agreed to
work on a pilot project with EPA's air
programs to explore this approach. If
the approach is successful with the
chemical industry, it may be expanded
to air rules for other industry sectors.
Statement of Need:
Both industry and regulatory agencies
have expressed a great desire to
streamline and simplify rules. This rule
streamlines and simplifies by
consolidating and collapsing the
numerous Federal rules that apply to
the chemical industry, with resulting
improved compliances.
Summary of Legal Basis:
Clean Air Act Section 111, 112.
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64053
Alternatives:
The main alternative is to do nothing
and let the many rules with their many
provisions remain the only compliance
mechanism.
Anticipated Cost and Benefits:
This rule will result in considerable
savings to the affected industry. There
is significant burden reduction
associated with recordkeeping and
reporting. The rule will be easier to
follow and understand. There will be
no change in applicability of the rules
being consolidated.
Risks:
This rulemaking deals with
consolidated reporting to simplify
existing rules. The risks addressed by
each of these existing rules were
addressed in those individual
rulemakings.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/28/98 63 FR 57748
12/00/99
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 3748
Agency Contact:
Rick Colyer
Environmental Protection Agency
Air and Radiation
MD-13
Phone: 919 541-5262
Fax: 919 541-3470
Email: colyer.rick@epa.gov
RIN: 2060-AG28
EPA
129. TIER II LIGHT-DUTY VEHICLE
AND LIGHT-DUTY TRUCK EMISSION
STANDARDS AND GASOLINE
SULFUR STANDARDS
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 7521: 42 USC 7545
CFR Citation:
40 CFR 86 (Revision); 40 CFR 80
Legal Deadline:
None
Abstract:
EPA is mandated by the Clean Air Act
Amendments of 1990 to study whether
or not further reductions in emissions
from light-duty vehicles and light-duty
trucks should be required through
lowering tailpipe emissions standards.
EPA submitted a report to Congress on
July 31, 1998. The report provided
evidence that there was a need for
further reductions in emissions and
that cost-effective technology is
available to meet more stringent
standards. This rulemaking will
propose the next generation of emission
standards for light-duty vehicles and
light-duty trucks. The primary focus of
this action will be reducing emissions
of nitrogen oxides and non-methane
hydrocarbons, pollutants which
contribute to ozone pollution. Highway
vehicles are significant contributors to
ozone pollution, though tighter
standards will also have additional air
quality benefits. The light-duty vehicle
and light-duty truck standards cannot
go into effect before the 2004 model
year, as per Clean Air Act
requirements. The rulemaking will also
propose limitations on the sulfur
content of gasoline available
nationwide. Sulfur in gasoline has a
detrimental impact on catalyst
performance and could be a limiting
factor in the introduction of advanced
technologies on motor vehicles.
Statement of Need:
Ozone pollution poses 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
and hydrocarbons, from new motor
vehicles, and sulfur levels in gasoline
in order to protect the public health
and welfare.
Summary of Legal Basis:
New motor vehicle controls, effective
no earlier than model year 2004, are
authorized under section 202 of the
Clean Air Act. Controls on gasoline
sulfur levels are authorized under
Clean Air Act Section 211.
Alternatives:
EPA considered various alternatives for
control levels, gasoline sulfur levels,
and timing of the rule. These are
discussed in the proposed rule,
published on May 13, 1999 in the
Federal Register at 64 FR 26003.
Anticipated Cost and Benefits:
The benefits of the rule are the
emission reductions described below.
The cost estimates presented in the
proposed rule are an average cost
increase of less than $100 per passenger
car, less than $200 per light truck, and
an increase of less than 2 cents per
gallon of gasoline.
Risks:
The risks addressed by this program are
primarily those associated with
nonattainment of the National Ambient
Air Quality Standards for ozone. This
rule will help States achieve the
emission reductions needed to achieve
these standards. The proposed rule
projected a reduction in oxides of
nitrogen emissions of nearly 800,000
tons per year by 2007 and 1,200,000
by 2010. Emission reductions would
continue increasing for many years,
reaching almost 2,200,000 tons per year
in 2020. In addition, the proposed
program would reduce the contribution
of vehicles to other serious public
health and environmental problems,
including paniculate matter pollution,
regional visibility problems, toxic air
pollution, acid rain, and nitrogen
loading of estuaries.
Timetable:
Action
Date
FR Cite
NPRM 05/13/99 64 FR 26004
Supplemental NPRM 06/30/99 64 FR 26053
Final Action 12/00/99
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 4211
Agency Contact:
Tad Wysor
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone: 734 214-4332
Email: wysor.tad@epa.gov
RIN: 2060-AI23
-------
64054 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
EPA
130. GROUND WATER AND
PESTICIDE MANAGEMENT PLAN
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, Local or
Tribal Governments.
Legal Authority:
7 USC 136(a), FIFRA sec 3; 7 USC
136(w)
CFR Citation:
40CFR 152.170
Legal Deadline:
None
Abstract:
This regulation would establish
Pesticide Management Plans (PMPs) as
a new regulatory requirement for
certain pesticides. Unless a State or
tribal authority has an EPA-approved
Plan specifying risk-reduction
measures, use of the chemical would
be prohibited. The rule would also
specify procedures and deadlines for
development, approval and
modification of plans by States and
tribal authorities.
Statement of Need:
EPA proposed to make specific
pesticides subject to the provisions of
EPA-approved Pesticide Management
Plans (PMPs) because of their strong
ground-water contamination potential.
The rule will establish PMPs as an
other regulatory restriction and define
the minimum requirements and
procedures for developing, approving
and managing PMPs. Upon
promulgation of this rule, the labels of
the designated pesticides will be
changed to require use in conformance
with EPA-approved PMPs, and to
prohibit sale and use in States or
Indian Country without such approved
Plans (after a period allowed for
development and EPA review of these
Plans). A PMP is a State's or tribe's
commitment to EPA and the public to
manage the use of a certain pesticide
in such a way as to avoid unreasonable
risks to ground water that would
otherwise warrant cancellation of the
use. An approved plan will embody a
combination of educational, scientific,
and regulatory tools to fulfill the State's
ground-water protection goals,
developed through a process of public
participation. A plan will include a
process for disseminating this
information to pesticide users and
marketers, and for monitoring the
effectiveness of the plan through the
development of appropriate indicators
of environmental improvement and/or
protection.
Summary of Legal Basis:
The Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) generally
requires EPA to regulate pesticide use
in such a manner as to prevent
unreasonable risks to human health and
the environment. Specifically, 7 USC
136a authorizes EPA to prescribe by
regulation "other regulatory
restrictions" for pesticides that may
generally cause unreasonable risks to
the environment (such as those that are
associated with ground-water
contamination potential) without those
restrictions.
Alternatives:
This Rule is a direct outgrowth of the
Pesticides and Ground Water Strategy,
published in October 1991 (after
extensive consultation with States,
localities, and other affected
stakeholders). In publishing the
Strategy EPA conducted an analysis of
three different alternatives to the
regulation of pesticides' ground-water
risks. One option was to rely
exclusively on orthodox national-level
pesticide regulatory tools (tantamount
to a "baseline"), which would entail
tolerating or remediating a certain level
of ground-water contamination. At the
other extreme, outright cancellation of
candidate pesticides with significant
ground-water contamination potential
was considered to provide full
assurance that no further ground water
contamination would occur (taking into
account the high economic losses due
to the removal of the pesticide from
the market). The analysis concluded
that a "partnership" approach,
providing a mechanism for more
tailored management of pesticide use
(i.e., taking into account the prevailing
influence of highly variable hydrologic
"sensitivity" factors), would be
simultaneously a more effective and
least costly alternative.
Anticipated Cost and Benefits:
EPA anticipates four categories of costs
entailed in requiring PMPs. Federal
Program Costs are those of
administering ground-water protection
activities, such as the review of State
or Tribal proposals. State Program Costs
entail both capital and annual costs.
Registrant and user impacts are the
economic losses ascribed to the
reduced use of the classified pesticides,
as well as the costs (to the registrants)
of complying with Federal, State and
Tribal provisions. Benefits accrue from
the reduced levels of pesticide residues
in ground water, and a corresponding
reduction in: 1) human and ecological
risk (see below); and 2) threats to trje
economic and intrinsic values of the
ground-water resource. Enormous
uncertainties attend the quantification
of these benefits, however.
Risks:
The pesticides under consideration are
those most frequently detected
(sometimes at concentrations exceeding
health-based reference points) of
currently-registered Pesticides, and
display physical and chemical
characteristics associated with a
ground-water contamination potential.
The level of potential contamination
(and related risk to both human health
and the environment) represent a
potential unreasonable risk to the
environment in the absence of local
management measures. State
management measures are expected to
avert these risks substantially. Because
the Food Quality Protection Act (FQPA)
requires that EPA consider drinking
water as part of dietary exposure, the
Agency is analyzing implications for
this regulation.
Timetable:
Action
NPRM
Final Action
Date
06/26/96
02/00/00
FR Cite
61 FR 33259
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions
Government Levels Affected:
Federal, Tribal, State, Local
Additional Information:
SAN No. 3222
Sectors Affected:
9241 Administration of Environmental
Quality Programs
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64055
Agency Contact:
Arthur-Jean B. Williams
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703 305-5239
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
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46
EPA
131. LEAD; TSCA SECTION 403;
IDENTIFICATION OF DANGEROUS
LEVELS OF LEAD
Priority:
Economically Significant
Legal Authority:
15 USC 2683
CFR Citation:
40 CFR 745
Legal Deadline:
NPRM, Judicial, May 26, 1998.
Final, Judicial, December 22, 2000.
Abstract:
The Residential Lead-Based Paint
Hazard Reduction Act of 1992 (Title X)
amended TSCA by adding a new Title
IV. TSCA section 403 requires EPA to
promulgate regulations that identify
lead-based paint hazards, lead-
contaminated dust and lead-
contaminated soil for the purposes of
TSCA Title IV as well as for the entire
Title X. EPA developed an interim
guidance document in July 1994, to
provide public and private decision-
makers with guidance on identifying
and prioritizing lead-based paint
hazards for control. This interim
guidance, which was subsequently
published in 1995 (60 FR 47248,
9/11/95), will continue to serve as
EPA's official policy until the final
TSCA section 403 rule is promulgated.
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). Elevated
blood-lead levels can lead to reduced
intelligence and neurobehavioral
problems in young children, as well as
causing other adverse health effects in
children and adults. 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
remains the significant source of
childhood lead poisoning. This
regulation is a focal point of the
Federal lead program and supports the
implementation of regulations already
promulgated (e.g., lead hazard
disclosure in real estate transactions) as
well as others under development (e.g.,
renovation and remodeling). By
supporting the implementation of the
national lead program, this rule would
help prevent lead poisoning in children
under the age of six.
Summary of Legal Basis:
This action is mandated by TSCA
section 403.
Alternatives:
Alternatives were discussed in the
proposed rule. Alternatives will be
further considered as part of the
proposed rule's comment review.
Anticipated Cost and Benefits:
Although this action doesn't require
any action, the costs associated with
the establishment of these levels were
estimated in a draft economic impact
analysis that was prepared for the
proposed rule. Since benefits depend
on private sector implementation of
certain lead hazard abatement activities
which are not mandated by any of
these rules, benefits will be difficult to
quantify. During its review of the
NPRM under EO 12866, OMB
attributed the potential impact of all of
the lead regulations to this rule and
determined that this action should be
classified as economically significant.
Risks:
This rule is aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM 06/03/98 63 FR 30301
Notice Comment 07/22/98 63 FR 39262
Period Extended to
10/01/98
Notice Comment 10/01/98 63 FR 52662
Period Extended to
11/30/98
NPRM Correction 12/18/98 63 FR 70087
Notice Reopens 01/14/99 64 FR 2460
Comment Period to
03/01/99
Final Action 12/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 3243
Agency Contact:
Ellie Clark
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-3402
Fax: 202 260-0770
Email: clark.ellie@epa.gov
Jonathan Jacobson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-3779
Email: jacobson.jonathan@epa.gov
RIN: 2070-AC63
EPA
132. TRI; REPORTING THRESHOLD
AMENDMENT FOR CERTAIN
PERSISTENT AND
BIOACCUMULATIVE TOXIC
CHEMICALS (PBTS)
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 11013, EPCRA 313; 42 USC
11023; 42 USC 11048; 42 USC 11076
CFR Citation:
40 CFR 372
Legal Deadline:
None
Abstract:
The Toxics Release Inventory (TRI)
currently requires reporting from
-------
64056
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
facilities which manufacture or process
at least 25,000 pounds of a listed
chemical, or otherwise use 10,000 Ibs
of a listed chemical. These thresholds
were initially established under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) section
313(f)(l). Section 313(f)(2) of EPCRA
gives the Administrator the power to
establish a threshold amount for a toxic
chemical different from the amount
established by paragraph (1) and that
such altered thresholds may be based
on classes of chemicals. EPA is
considering lowering the thresholds for
those chemicals which it determines to
be highly toxic at very low dose levels
and/or have physical, chemical, or
biological properties that make the
chemicals persist for extended periods
in the environment, and/or
bioaccumulate through the food chain.
Persistent bioaccumulative toxic
chemicals are of particular concern in
ecosystems such as the Great Lakes
Basin due to the long retention time
of the individual lakes and the cycling
of the chemicals from one component
of the ecosystem to another.
Statement of Need:
TR1 is the most complete and accessible
source of information for the public on
toxic chemical releases in communities
across the United States. The intention
of Congress was for TRI, and indeed
all of EPCRA, to provide information
to local communities. Communities
need this information to better
understand the nature of the releases
at the local level. The intent of TRI
has been to share information on
releases with local communities to help
in their assessments of the risks. This
basic local empowerment is the
cornerstone of the right-to-know
program.
Yet because of the current reporting
thresholds, TRI does not collect release
and transfer data on small quantities
of chemicals that may persist and
bioaccumulate in the environment.
Even small releases of such chemicals
can have significant impacts on human
health and the environment. Congress
gave EPA the authority to adjust
reporting thresholds, because it
recognized that this might be necessary
in order to address the American
publics right to know what is
happening to the environment near
their homes, schools, and businesses.
Summary of Legal Basis:
42 USC 11013; 42 USC 11023; 42 USC
11048; 42 USC 11076; EPCRA sec 313
Alternatives:
EPA recognizes the reporting burden
inherent in TRI, and is continuing to
take every reasonable opportunity to
minimize this burden while ensuring
the public's right-to-know. As such, all
available alternatives will be identified
and evaluated.
Anticipated Cost and Benefits:
EPA has proposed to lower the EPCRA
section 313 reporting thresholds to 10
pounds for 13 chemicals/chemical
categories, to 100 pounds for 5
chemicals, and to .01 grams for 1
chemical category. Under this proposal
the estimated aggregate industry cost in
the first year would be $145 million
and in subsequent years would be $80
million. The information reported in
TRI increases the knowledge levels of
pollutants released to the environment
and pathways to exposure, improving
scientific understanding of the health
and environmental risks of toxic
chemicals; allows the public to make
informed decisions on where to work
and live; enhances the ability of
corporate lenders and purchasers to
more accurately gauge a facility's
potential liability; and assists Federal,
State, and local authorities in making
better decisions on acceptable levels of
toxics in communities.
Risks:
Currently communities do not have
access to TRI data on chemicals that,
although released in relatively small
quantities, pose a potential risk to
human health and the environment
because they persist and
bioaccumulate. By lowering the
reporting thresholds for such chemicals
the public will be able to determine
if such chemicals are being released
into their communities and whether
any action should be taken to reduce
potential risks.
Timetable:
Action
Date
FR Cite
NPRM 01/05/99 64 FR 688
Notice of Availability 02/23/99 64 FR 8766
and Clarification of
Proposed Rule
Final Action 10/29/99 64 FR 58370
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 3880
OTHER DEADLINE: Vice-President
directed the Agency to finalize any
necessary regulatory changes by
December 1999.
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Sectors Affected:
42269 Other Chemical and Allied
Products Wholesalers
Agency Contact:
Daniel R. Bushman
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7408
Washington, DC 20460
Phone: 202 260-3882
Email: bushman.daniel@epa.gov
Maria Doa
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7408
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.rnaria@epa.gov
RIN: 2070-AD09
EPA
133. TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 11001 etseq
CFR Citation:
40 CFR 372
Legal Deadline:
None
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64057
Abstract:
The Toxics Release Inventory (TRI)
currently requires reporting from
facilities which manufacture or process
at least 25,000 pounds of a listed
chemical, or otherwise use 10,000
pounds of a listed chemical. These
thresholds were initially established
under the Emergency Planning and
community Right-To-Know Act
(EPCRA) section 313(f)(l). Section
313(0(2) of EPCRA gives the
Administrator the power to establish a
threshold amount for a toxic chemical
different from the amount established
by paragraph (1), and that such altered
thresholds may be based on classes of
chemicals. EPA is considering lowering
the thresholds for certain persistent
bioaccumulative toxic (PBT) chemicals
and has issued a proposed rule that sets
out the criteria EPA intends to use for
determining if a chemical is persistent
and bioaccumulative under EPCRA
section 313. EPA is currently
conducting analysis to determine if
lead and lead compounds meet the
proposed criteria for persistence and
bioaccumulation and whether the
EPCRA section 313 reporting thresholds
should be lowered. EPA is also
evaluating the environmental fate of
lead.
Statement of Need:
TRI is the most complete and accessible
source of information for the public on
toxic chemical releases in communities
across the United States. The intention
of Congress was for TRI, and indeed
all of EPCRA, to provide information
to local communities. Communities
need this information to better
understand the nature of the releases
at the local level. The intent of TRI
has been to share information on
releases with local communities to help
in their assessments of the risks. This
basic local empowerment is the
cornerstone of the right-to-know
program. Yet because of the current
reporting thresholds, TRI does not
collect release and transfer data on
small quantities of lead and lead
compounds that may persist and
bioaccumulate in the environment.
Even small releases of lead and lead
compounds can have significant
impacts on human health and the
environment. Congress gave EPA the
authority to adjust reporting thresholds,
because it recognized that this might
be necessary in order to address the
American public's right to know what
is happening to the environment near
their homes, schools, and businesses.
Summary of Legal Basis:
42 USC 11023(f)(2); 42 USC 11048;
EPCRA sec 313; EPCRA sec 328.
Alternatives:
EPA recognizes the reporting burden
inherent in TRI, and is continuing to
take every reasonable opportunity to
minimize this burden while ensuring
the public's right-to-know. As such, all
available alternatives will be identified
and evaluated.
Anticipated Cost and Benefits:
EPA has proposed to lower the EPCRA
section 313 reporting thresholds for
Lead and Lead Compounds to 10
pounds. Under this proposal the
estimated aggregate industry cost in the
first year would be $116 million and
in subsequent years would be $60
million. The information reported in
TRI increases the knowledge levels of
lead and lead compounds released to
the environment and pathways to
exposure, improving scientific
understanding of the health and
environmental risks of toxic chemicals;
allows the public to make informed
decisions on where to work and live;
enhances the ability of corporate
lenders and purchasers to more
accurately gauge a facility's potential
liability; and assists Federal, State, and
local authorities in making better
decisions on acceptable levels of toxics
in communities.
Risks:
Currently communities do not have
access to TRI data on lead and lead
compounds that, although released in
relatively small quantities, pose a
potential risk to human health and the
environment because they persist and
bioaccumulate. By lowering the
reporting thresholds for lead and lead
compounds the public will be able to
determine if these chemicals are being
released into their communities and
whether any action should be taken to
reduce potential risks.
Timetable:
Action
Date
FR Cite
NPRM
Comment Extension
to 12/16/1999
Final Action
08/03/99 64 FR 42222
10/29/99 64 FR 58370
04/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
State, Federal
Additional Information:
SAN No. 4259
By Statute and Regulation, this rule
will affect SIC codes 20-39, 10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact:
Daniel R. Bushman
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7408
Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7408
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD38
EPA
134. NPDES COMPREHENSIVE
STORM WATER PHASE II
REGULATIONS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, Local or
Tribal Governments and the private
sector.
Legal Authority:
33 USC 1311, CWA sec 301; 33 USC
1314, CWA sec 304; 33 USC 1318,
CWA sec 308; 33 USC 1342, CWA sec
402; 33 USC 1361, CWA sec 501
CFR Citation:
40 CFR 122; 40 CFR 123
Legal Deadline:
Final, Statutory, October 1, 1993.
NPRM, Judicial, December 15, 1997.
Final, Judicial, October 29, 1999.
Abstract:
The Phase II NPDES storm water
regulations expand the existing national
program to storm water discharges from
small municipal separate storm sewer
systems (MS4s) and construction sites
-------
64058 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
that disturb 1 to 5 acres. The rule
includes waiver provisions based on
the lack of impact on water quality and
allows designation of other sources
based on a likelihood of localized
adverse impact on water quality. The
regulations also exclude from the
NPDES program storm water discharges
from industrial facilities that have "no
exposure" of industrial activities or
materials to storm water. This rule
establishes a cost effective, flexible
approach for reducing environmental
harm by storm water discharges from
currently unregulated storm water point
sources. EPA believes that the
implementation of the six minimum
measures for small MS4s should
significantly and cost-effectively reduce
pollutants in urban storm water.
Similarly, EPA believes that
implementation of best management
practices (BMPs) at small construction
sites will cause a significant reduction
in pollutant discharges and an
improvement in surface water quality.
EPA expects significant monetized
financial, recreational and health
benefits, as well as benefits that EPA
has been unable to monetize. These
include reduced scouring and erosion
of streambeds, improved aesthetic
quality of waters, reduced
eutrophication of aquatic systems,
benefit to wildlife and endangered and
threatened species, tourism benefits,
biodiversity benefits and reduced costs
for sitting reservoirs. In addition, the
costs of industrial storm water controls
will decrease due to the exclusion of
storm water discharges from facilities
where there is "no exposure" of storm
water to industrial activities and
materials.
Statement of Need:
Data collected under sections 305 (b)
and 402 (p) (5) of the CWA indicate that
uncontrolled storm water discharges
from municipalities serving population
less than 100,000 and construction sites
that result in the disturbance of less
than 5 acres of land cause water quality
use impairment. The proposed changes
to the NPDES storm water regulations
would address these currently
unregulated storm water discharges.
The proposed changes would also
provide needed regulatory relief to
Phase I facilities that have no exposure
to storm water and do not cause water
quality use impairment.
Summary of Legal Basis:
CWA sec. 402(p) (6) requires EPA, in
consultation with States and local
officials, to issue regulations for the
designation of the remaining
unregulated discharges to be regulated
to protect water quality. The United
States Court of Appeals for the Ninth
Circuit remanded EPA's de minimis
exemption of construction sites below
5 acres and the no exposure exemption
for category (XI) industrial facilities
under the Phase I rule (NRDC v. EPA,
966 F.2d 1292(9th Cir. 1992)). This
remand requires EPA to examine
construction sites below 5 acres for
possible designation. EPA is also
currently subject to a court order to
propose supplemental rules under
CWA sec. 402(p)(6) by September 1,
1997, and finalize these rules by
October 29, 1999 (NRDC v. Browner,
Civ. No. 95-634 PLF (D.D.C., April 6,
1995)).
Alternatives:
The proposed changes to the NPDES
storm water regulations were developed
with significant input from the FACA
subcommittee. Alternative options, as
well as successive drafts of the
proposed rule was distributed to FACA
members for comment. The language of
the proposed changes are the result of
extensive stakeholder input. The
Agency solicited comments on
alternative approaches in the preamble
to the proposed rule.
Anticipated Cost and Benefits:
EPA estimates that the rule would
result in an annual cost of $803
million, with expected annual
monetized benefits from
implementation of the requirements of
$814 million to $1.62 billion. EPA also
estimated that the "no exposure"
waiver for Phase I industrial facilities
would result in expected annual cost
savings of $317 million to $1.86 billion.
Risks:
The proposed changes to the NPDES
storm water regulations will reduce
adverse water quality impacts from
storm water, thereby reducing risks to
aquatic habitat and public health.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/09/98 63 FR 1535
11/00/99
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 3785
Agency Contact:
George Utting
Environmental Protection Agency
Water
4203
Washington, DC 20460
Phone: 202 260-9530
Fax: 202 260-1460
RIN: 2040-AC82
EPA
135. PUBLIC WATER SYSTEM PUBLIC
NOTIFICATION REGULATION
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 300(f) et seq
CFR Citation:
40 CFR 141.32; 40 CFR 142.14; 40 CFR
142.15; 40 CFR 142.16; 40 CFR 143.5
Legal Deadline:
None
Abstract:
This action revises an existing
regulation to incorporate the new
public notification provisions of the
Safe Drinking Water Act. A Public
Water System is required to provide
notification to its customers whenever:
(1) a violation of certain drinking water
regulations occurs (including MCL,
treatment technique, and
monitoring/reporting requirements); (2)
a variance or exemption to those
regulations is in place or the conditions
of the variance or exemption are
violated; or (3) required results from
unregulated contaminant monitoring
are received. The Administrator is
required to prescribe by regulation the
manner, frequency, form, and content
for giving notice. States are required to
adopt this rule to retain primacy. The
1996 amendments (1) require notice
within 24 hours for violations posing
a serious public health risk from short
term exposure and give EPA discretion
to set the timing of the notification for
all other violations; (2) give EPA
discretion to set the method of delivery
of the notices as long as the public
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64059
notice reaches all persons served; (3)
establish a specific requirement for EPA
consultation with the States in issuing
revised regulations; (4) allow the
primary States to prescribe alternative
notification requirements by rule with
respect to the form and content of the
notice. One other new requirement —
for public water systems to prepare an
annual consumer confidence report —
is being implemented under a separate
regulatory action. The benefits of the
revised public notification regulations
will be to streamline the existing
requirements, provide quicker and
more effective notification of violations
that have a serious adverse effect, and
better inform customers of the risk to
their health from the drinking water.
Statement of Need:
The public notification rule is being
revised to incorporate the legislative
changes contained in the 1996 SDWA
amendments under Section 1414(c)(l)
and (2). The new provisions require
EPA to tailor the frequency and content
of the public notice to the relative risks
to public health and otherwise
streamline the process currently in
place. The statute requires EPA to
promulgate regulations, after
consultation with the states, to
implement this section.
Summary of Legal Basis:
The 1996 SDWA amendments require
EPA to promulgate public notification
regulations to implement new Sections
1414(c)(l) and (2). There is no statutory
deadline.
Alternatives:
Within the statutory obligation to issue
revised public notification regulations,
EPA is developing regulatory options
that balance the need to protect public
health with the need to provide
flexibility in local implementation and
a reduced reporting burden. Options
are being considered related to the
frequency of notices for violations not
posing a risk to health from short term
exposure, how best to ensure that
notices reach all persons served, what
the notice should contain to be most
effective, and how the public notice
provisions could be integrated into the
parallel requirement for an annual
consumer confidence report.
Anticipated Cost and Benefits:
The preliminary cost estimate of the
proposed rule for public water systems
(PWS) and State primacy agencies is
$17,956,117 per year, or $351.96 per
violating PWS and $27,944 per primacy
State. This would be a decrease of
$9,100,000 (or 33 percent) per year
from the costs under the existing public
notification rule. There are no capital
costs associated with this rulemaking.
The benefits would be more effective
public notices allowing consumers to
make more informed choices about
protecting their public health from
drinking water.
Risks:
The public notification regulations
require water systems to notify all
persons served of any violation of
drinking water standards. Consumers
not notified of violations may put
themselves at risk from drinking the
water and otherwise will be unable to
make informed choices about whether
to continue drinking the water. Risks
are largest when the violation is for a
contaminant that poses a risk from
short-term exposure or for
subpopulations vulnerable to the
contaminants in the drinking water.
Compliance with the public notification
rule allows consumers, at their option,
to make timely choices about the risk
from their drinking water. Public
notification is one of several federal
barriers protecting consumers from
exposure to harmful contaminants from
their drinking water.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/13/99 64 FR 25963
12/00/99
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
State, Local, Tribal, Federal
Additional Information:
SAN No. 4009
Agency Contact:
Carl Reeverts
Environmental Protection Agency
Water
4606
Washington, DC 20460
Phone: 202 260-7273
Fax: 202 260-4656
Email: reeverts.carl@epamail.epa.gov
RIN: 2040-AD06
EPA
136. TOTAL MAXIMUM DAILY LOAD
(TMDL) PROGRAM REGULATIONS
REVISIONS
Priority:
Other Significant
Legal Authority:
33 USC 1313
CFR Citation:
40 CFR 130.7
Legal Deadline:
None
Abstract:
EPA is proposing changes to the Total
Maximum Daily Load (TMDL)
regulations for implementing State,
Territorial, authorized Tribal
(collectively referred to as "States"),
and EPA responsibilities under Section
303 (d) of the Clean Water Act. The
purpose of Section 303 (d) is to identify
remaining sources of pollution, after
technology-based controls have been
required, and to allocate pollutant
reductions at a level that will ensure
attainment and maintenance of water
quality standards. These allocations are
contained in a TMDL, which is the
maximum amount of a pollutant that
a waterbody can absorb and still meet
water quality standards. The proposed
revisions provide States with clear,
consistent, and balanced direction for
listing waters and developing TMDLs,
resulting in restoration of waterbodies
not meeting water quality standards.
Statement of Need:
Listing impaired and threatened waters
and establishing TMDLs are
fundamental tools for identifying
remaining sources of water pollution
and achieving water quality goals. In
1996, EPA determined that there was
a need for a comprehensive evaluation
of EPA's and the States'
implementation of their Section 303 (d)
responsibilities. EPA convened a
committee under the Federal Advisory
Committee Act to make
recommendations for improving such
implementation, including
recommended changes to the TMDL
regulations and guidance. The
committee, comprised of 20 individuals
with diverse backgrounds, submitted its
final report to EPA on July 28,1998.
The report contained more than 100
consensus recommendations, a subset
of which would require regulatory
changes. The committee's
recommendations helped to guide the
development of the proposed revisions.
-------
64060 Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan
The proposed regulatory revisions
address issues of fundamental
importance to cleaning up our Nation's
polluted waters. States and territories
have identified over 20,000 individual
river segments, lakes, and estuaries
across America as polluted. These
polluted waters include approximately
300,000 miles of river and shoreline
and approximately 5 million acres of
lakes — polluted mostly by
sedimentation, nutrients, and harmful
microorganisms. With the
overwhelming majority of the
population living within 10 miles of
these polluted waters, these proposed
regulatory revisions will have a
profound impact on the environment
and health of communities across the
country.
Summary of Legal Basis:
Section 303 (d) of the Clean Water Act
requires the identification of waters not
meeting water quality standards and
the establishment of the TMDSs for
such waters. Section 303 (d) gives States
responsibility for listing impaired
waterbodies and establishing TMDLs.
In addition, Section 303(d) authorizes
EPA to review and approve or
disapprove State lists and TMDLs
within 30 days of final submission. If
EPA disapproves lists or TMDLs, EPA
has 30 days to establish lists and
TMDLs. Section 501 authorizes the
Administrator to prescribe regulations
as necessary to carry out the purposes
of the Clean Water Act.
Alternatives:
The preamble to the proposed revisions
explains the various options that EPA
considered on each of the major issue
areas as part of the rule development
process. These alternatives generally
include maintaining the existing
regulatory requirements, as well as
options other than those selected for
the proposed rule language. In the
proposal, EPA explicitly solicits
comments on the approach set out in
the proposed rule and on the other
options considered.
Anticipated Cost and Benefits:
The supporting economic analysis
found that the proposed TMDL
regulation is expected to increase the
costs to States by approximately $10.3
- $24.4 million annually from the
present through 2015. The bulk of the
additional costs ($10.1 - $23.8 million)
are associated with the proposed rule's
provisions addressing TMDL
development. The increased costs
associated with the proposed revisions
to the listing requirements are
estimated to be $0.23 million annually
— these increased costs might be offset
if the listing cycle is lengthened. The
analysis also found that EPA's costs
associated with the listing and TMDL
requirements of the proposed regulation
are likely to increase by $18,000
annually. The estimated increased costs
to States associated with the proposed
TMDL changes represent only three to
eight percent of the amount of support
provided annually by the Federal
government to States for water quality
management programs, and
undoubtedly a much smaller proportion
of the total State spending for these
activities. Moreover, the intent of many
of the proposed regulatory changes is
to improve efficiency and national
consistency by establishing uniform
formats, eliminating ambiguities,
encouraging prudent planning, and
improving information for public
participation. The benefits from the
proposed revisions will be sizeable.
Clean-up plans developed under the
proposal will help to restore the health
of thousands of miles of river and
shoreline, and make millions of acres
safe for fishing, swimming, and other
activities.
Risks:
Not applicable.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/23/99 64 FR 46011
05/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Tribal, Federal
Additional Information:
SAN No. 4145
Agency Contact:
Hazel Groman
Environmental Protection Agency
Water
4305F
Washington, DC 20460
Phone: 202 260-7074
Fax: 202 401-4078
RIN: 2040-AD22
EPA
137. • TOTAL MAXIMUM DAILY LOAD
(TMDL) - NPDES AND WQS
REGULATIONS REVISIONS
Priority:
Other Significant
Legal Authority:
33 USC 1311 CWA sec 301; 33 USC
1313 CWA sec 303; 33 USC 1314 CWA
sec 304; 33 USC 1318 CWA sec 308;
33 USC 1342 CWA sec 402; 33 USC
1361 CWA sec 501
CFR Citation:
40 CFR 122; 40 CFR 123; 40 CFR 124;
40 CFR 131
Legal Deadline:
None
Abstract:
On August 12, 1999, Environmental
Protection Agency (EPA) Administrator
Carol Browner signed proposed
revisions to the Total Maximum Daily
Load (TMDL) regulations (40 CFR Part
130) for implementing state, territorial,
authorized tribal, and EPA
responsibilities under Section 303 (d) of
the Clean Water Act. Administrator
Browner also signed proposed revisions
to the National Pollutant Discharge
Elimination System (NPDES) and Water
Quality Standards regulations to
facilitate implementation of TMDLs and
to improve water quality in impaired
waters before TMDLs are established.
The Federal Advisory Committee
(FACA) on the Total Maximum Daily
Load Program recommended a number
of ways to improve the effectiveness
and efficiency of EPA, State, Territorial
and Tribal programs under section
303 (d) of the CWA. These
recommendations address many of the
TMDL program's complex technical
and policy issues, and include
recommendations on several new
policy and program directions some of
which are included in the proposed
revisions to the NPDES and water
quality standards regulations. These
proposed revisions are aimed at
achieving reasonable further progress
toward attainment of water quality
standards in impaired waterbodies
pending TMDL establishment and
providing reasonable assurance that
TMDLs, once completed, will be
adequately implemented. EPA may
also, in the future, promulgate federal
water quality standards for states,
pursuant to section 303 (c) (2) (B), to
ensure consistent, nationwide
application of the new requirements in
-------
Federal Register/Vol. 64, No. 224/Monday, November 22, 1999/The Regulatory Plan 64061
the period between listing and TMDL
establishment. Federal implementation
through NPDES permits, in the absence
of State, Territorial, or Tribal
implementation, will ensure that the
clean-up plans will work.
Statement of Need:
These proposed regulatory revisions
address issues of fundamental
importance to cleaning up our Nation's
polluted waters. States and territories
have identified over 20,000 individual
river segments, lakes, and estuaries
across America as polluted. These
polluted waters include approximately
300,000 miles of river and shoreline
and approximately 5 million acres of
lakes — polluted mostly by
sedimentation, nutrients, and harmful
microorganisms. With the
overwhelming majority of the
population living within 10 miles of
these polluted waters, these proposed
regulatory revisions will have a
profound impact on the environment
and health of communities across the
country.
Summary of Legal Basis:
The Clean Water Act establishes the
goal to " .... restore and maintain the
chemical, physical and biological
integrity of the Nation's waters." CWA
section 101 (a). EPA believes extending
Tier 1 of the federal antidegradation
policy to include a provision aimed at
promoting reasonable further progress
toward restoring water quality in
impaired waterbodies is both consistent
with the goals of the Act, and is a
logical means for meeting those goals.
The current antidegradation
requirements were establishedpurusant
to section 303.
The language in today's proposal about
the Agency's intention and authority to
designate unregulated animal
production sources in authorized States
and silvicultural operations both in
authorized and unauthorized States —
where EPA establishes a TMDL—
supports the fulfillment of the CWA
goals to attain and maintain water
quality standards. The proposal also
supports EPA's authority, as specified
in CWA section 303 (d) (2), to establish
TMDLs (including all required
elements) for waterbodies for which the
State fails to do so. The same purposes
are served by the proposal for EPA to
object to State-issued permits that are
administratively extended. EPA is
implementing its authorities under
sections 402 and 501 in this proposal.
Alternatives:
The FACA recommended an optional
stabilization plan that would identify
mechanisms that might allow for
exceptions from point source discharge
restrictions upon demonstration that
the optional stabilization plan results
in parameter specific net progress in
water quality through means other than
those restrictions. EPA considered these
optional stabilization plans as a means
to achieve parameter specific net
progress but instead, chose to propose
an offset requirement under the federal
antidegradation policy for certain
dischargers as a means to achieve
parameter specific net progress. In
implementing the offset requirement,
EPA is considering a wide range of
regulatory alternatives to address:
enforceability issues; how offsets are
implemented through different
permitting schemes; the magnitude,
duration and location of the offset; and
who is subject to the requirements. EPA
is also soliciting comments on
alternatives to the proposed revisions
aimed at facilitating the
implementation of established TMDLs.
Anticipated Cost and Benefits:
EPA estimated that the costs to State,
local and tribal governments, in the
aggregate, or the private sector in any
one year to implement the requirements
in today's proposal are not expected to
exceed $65.2 million in any one year.
The total cost to State, local and tribal
governments is not expected to exceed
$0.96 Million in any one year, with a
majority of these costs born by State
government. The remaining $64.24
million is expected to be born by the
private sector.
The types of benefits associated with
the proposed revisions include
improvements to the water quality of
waters that are not meeting water
quality standards. Reduced risks to
human health and an increase in the
number of waterbodies fit for fishing
and swimming are expected to result
from these improvements.
Risks:
The proposed changes to the NPDES
and WQS regulations will reduce
adverse water quality impacts from
dischargers discharging to waterbodies
not meeting water quality standards,
thereby reducing risks to aquatic
habitat and public health.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/23/99 64 FR 46057
05/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State, Tribal, Federal
Additional Information:
SAN No. 4294
Agency Contact:
Kim Kramer
Environmental Protection Agency
Water
4203
Washington, DC 20460
Phone: 202 260-7933
Fax: 202 260-9544
RIN: 2040-AD36
BILLING CODE 6560-50-F
-------
Appendices
A. Index to Entries that Agency have Designated for Section 610 Review
B. Indexto Entries for which a Regulatory Flexibility Analysis is Required
C. Index to Entries that may Affect Small Entities when a Regulatory Flexibility Analysis is Not Required
D. Index to Entries that may Affect that may Affect Government Levels
E. Subject Index to the Unified Agenda
-------
A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610 REVIEW
Section 610(c) 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 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 Regulatory Plan and 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 com-
pleted section 610 reviews.
The following index lists the regulatory actions for which agencies included this designation. The Se-
quence 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 to The Regulatory Plan and the
Unified Agenda in Part II of this issue.
Seq.
No.
3624
3666
Title
Seq.
No.
EPA
3727
Criteria for Municipal Solid Waste
Landfills (Section 610 Review)
Effluent Limitations Guidelines and
Standards for the Organic Chemi-
cals, Plastics and Synthetic Fi-
bers Category (Section 610 Re-
view)
Title
Effluent Guidelines and Standards
for the Ore Mining and Dressing
Point Source Category, Gold
Placer Mine Subcategory (Com-
pletion of a Section 610 Re-
view)
-------
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 Regulatory Plan and the
Unified Agenda
The following index lists the regulatory actions in this publication for which agencies believe thai
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 to The Regulatory Plan and the Unified Agenda in Part II oi
this issue.
Seq.
No.
117
118
119
120
129
3315
3381
3442
3499
3544
3579
Small Businesses
Title
EPA
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards
and Gasoline Sulfur Standards
Public Information and Confidential-
ity Regulations
Control of Emissions of Air Pollution
from New Compression-Ignition
and Spark-Ignition Recreational
Marine Engines
Findings of Significant Contribution
and Rulemaking on Section 126
Petitions for Purposes of Reduc-
ing Interstate Ozone Transport
Federal Implementation Plans
(FIPs) To Reduce the Regional
Transport of Ozone in the East-
ern United States
Control of Diesel Fuel Quality
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Seq.
No.
3581
3682
3733
3745
3746
3748
Title
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
Revisions to the Underground Injec-
tion Control Regulations for Class
V Injection Wells
Long Term 2 Enhanced Surface
Water Treatment Rule
Stage 2 Disinfectants/Disinfection
Byproducts Rule
Filter Backwash Recycling Regula-
tion
Small Governmental Jurisdictions
Seq.
No.
117
118
119
120
3442
Title
EPA
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
Findings of Significant Contribution
and Rulemaking on Section 126
Petitions for Purposes of Reduc-
ing Interstate Ozone Transport
Seq.
No.
3499
3579
3581
3745
3746
3748
Seq.
No.
117
118
119
120
3748
Title
Federal Implementation Plans
(FIPs) To Reduce the Regional
Transport of Ozone in the East-
ern United States
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Long Term 2 Enhanced Surface
Water Treatment Rule
Stage 2 Disinfectants/Disinfection
Byproducts Rule
Filter Backwash Recycling Regula-
tion
Small Organizations
Title
EPA
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
Filter Backwash Recycling Regula-
tion
-------
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 Regulatory Plan and 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 in this publication for which agencies have chosen
to indicate that 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. For further information, see the Regulatory Information Service Center's Introduction to The Regulatory
Plan and the Unified Agenda in Part II of this issue.
Small Businesses
Seq.
No.
110
111
112
122
126
131
132
133
134
135
3297
3298
3302
3304
3306
3312
Seq.
No.
Title
EPA
TSCA Inventory Update Rule
Amendments
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Chemical Right-to-Know Initiative
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
Nonroad Spark-Ignition Engines At
or Below 19 Kilowatts (25 Horse-
power) (Phase 2)
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
TRI; Reporting Threshold Amend-
ment for Certain Persistent and
Bioaccumulative Toxic Chemicals
(PBTs)
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
NPDES Comprehensive Storm
Water Phase II Regulations
Public Water System Public Notifi-
cation Regulation
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
EPA Mentor-Protege Program
Incrementally Funding Fixed Price
Contracts
Revisions to Acquisition Regulation
Concerning Conflict of Interest
Electronic Funds Transfer
3316
3317
3319
3320
3321
3322
3324
3326
3327
3331
3332
3336
3339
3344
3346
3349
3360
3364
3367
Title
Seq.
No.
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
Revision to EPAAR 1552.211-73,
Level of Effort
Agency Protest Solicitation Notifica-
tion
Contracting by Negotiation
EPAAR Coverage on Contractor
Performance Evaluations
Service Contracting—Avoiding Im-
proper Personal Services Rela-
tionships
NESHAP: Chromium Electroplating
Amendment
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Inspection/Maintenance Recall Re-
quirements
NESHAP: Reinforced Plastic Com-
posites Production
NESHAP: Miscellaneous Organic
Chemical Production and Proc-
esses
Amendments to General Provisions
Subparts A and B for 40 CFR 63
New Source Performance Stand-
ards and Emission Guidelines for
Commercial and Industrial Solid
Waste Incineration Units
NESHAP: Plywood and Composite
Wood Products
NESHAP: Large Appliance (Surface
Coating)
NESHAP/NSPS: Reciprocating In-
ternal Combustion Engine
NESHAP: Vegetable Oil Production
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
3369
3372
3375
3378
3379
3394
3395
3418
3421
3423
3441
3444
Title
Protection of Stratospheric Ozone:
Allowance System for Controlling
HCFC Production, Import & Ex-
port
NESHAP: Organic Hazardous Air
Pollutants From the Synthetic Or-
ganic Chemical Industry (SOCMl)
& Other Processes Subject to the
Negotiated Regulation for Equip-
ment Leaks
NESHAP: Wet-formed Fiberglass
Mat Production
Control of Emissions From Nonroad
Spark-Ignition Engines Rated
Over 19 kW and New Land-
Based Recreational Spark-Igni-
tion Engines
Control of Emissions of Air Pollution
From 2004 and Later Model Year
Heavy-Duty Highway Engines
and Vehicles; Revision of Light-
Duty Truck Definition
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
National Volatile Organic Com-
pound Emission Standard for Ar-
chitectural Coatings; Proposed
Amendments
NESHAP: Phosphate Fertilizers
Production
NSPS: Synthetic Organic Chemi-
cals Manufacturing Industry -
Wastewater (FINAL) & Amend, to
Appendix C of Part 63 & Appen-
dix J of Part 61
NESHAP: Petroleum Refineries-
FCC Units, Reformers and Sulfur
Plants
NESHAP: Chromium Electroplating
Amendment
Protection of Stratospheric Ozone:
Reconsideration on the 610 Non-
essential Products Ban
-------
Small Businesses—Cont.
Seq.
No.
Seq.
No.
3447
3449
3451
3456
3459
3470
3472
3473
3474
3475
3477
3481
3488
3493
3496
3501
3506
3507
3509
3511
3512
3513
3517
3518
Title
NESHAP: Oil and Natural Gas Pro-
duction and NESHAP: Natural
Gas Transmission and Storage,
Amendments
Control of Emissions of Air Pollution
From New Marine Diesel Engines
At or Above 37 Kilowatts
Hospital/Medical/Infectious Waste
Incinerators—Federal Plan (Fed-
eral Plan for existing
Hospital/Medical/Infectious Waste
Incinerators)
Process Wastewater Provisions of
the Generic MACT
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
NESHAP: Paint Stripping Oper-
ations
Petroleum Solvent Dry Cleaners
Maximum Achievable Control
Technology (MACT) Standard
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
Plastic Parts (Surface Coating)
NESHAP
NESHAP: Refractories Manufactur-
ing
NESHAP: Friction Products Manu-
facturing
NESHAP: Automobile and Light-
Duty Truck Manufacturing (Sur-
face Coating)
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Clay Products Minerals
NESHAP: Chemical Recovery Com-
bustion Sources at Kraft, Soda,
Sulfite and Stand Alone
Semichemical Pulp Mills
NESHAP: Brick and Structural Clay
Products
NESHAP: Ceramics
NESHAP: Lightweight Aggregate
Integrated NESHAP and Effluent
Guidelines: Pulp and Paper
NESHAP: Mineral Wool Production
Industry
NESHAP: Oil and Natural Gas Pro-
duction and Natural Gas Trans-
mission and Storage
NESHAP: Portland Cement Manu-
facturing
NESHAP: Polyether Polyols Pro-
duction
3529
3534
3555
3557
3560
3561
3562
3569
3570
3572
3573
3574
3575
3576
3577
3583
3584
3585
3587
3588
3590
3591
3592
3594
3595
3596
Title
Seq.
No.
Generic MACT for Source Cat-
egories (Acrylic Modacrylic Fi-
bers, Polycarbonates, Hydrogen
Fluoride, and Acetal Resins)
Protection of Stratospheric Ozone'
Servicing of Motor Vehicle Air
Conditioners: Standards for
Equipment That Recovers and
Recycles Refrigerants Other
Than CFC-12 and HFC-134a
Data Requirements for Pesticide
Registration (Revision)
Data Requirements for Antimicrobial
Registrations
Pesticide Management and Dis-
posal
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Exemptions for Plant Pesticides
Regulated Under FIFRA and
FFDCA
Pesticides; Tolerance Processing
Fees
Pesticide Tolerance Reassessment
Program
Follow-Up Rules on Existing Chemi-
cals
Test Rules; Generic Entry for Pro-
posed Decisions
Test Rules; Negotiated Consent
Order and Test Rule Procedures
Test Rule; ATSDR Substances
Children's Health Test Initiative
Asbestos Model Accreditation Plan
Revisions
Test Rule for Certain Metals
TSCA Biotechnology Follow-Up
Rules
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
TSCA Section 4 Enforceable Con-
sent Agreement for Certain
Oxygenated Fuel Additives
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
TSCA Section 8(a) Preliminary As-
sessment Information Rules
TSCA Section 8(d) Health and
Safety Data Reporting Rules
PCBs; Polychlorinated Biphenyls;
Exemptions From the Prohibitions
Against Manufacturing, Process-
ing, and Distribution in Com-
merce
Test Rules; Generic Entry for Final
Decisions
Acrylamide; Ban on Use of Acryl-
amide for Grouting
Refractory Ceramic Fibers; Signifi-
cant New Use Rules on National
Program Chemicals
3597
3599
3600
3601
3602
3603
3604
3605
3607
3609
3610
3611
3612
3618
3619
3622
3631
3639
3641
3642
3649
3653
3654
Title
PCBs; Polychlorinated Biphenyls
(PCBs) Transformer Reclassifica-
tion Rule
Test Rule; Hazardous Air Pollutants
(HAPs)
TSCA Section 8(e) Policy; Notice of
Clarification
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Regulatory Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Asbestos-Containing Materials in
Schools Rule Amendments
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; Data Expansion Amendments;
Toxic Chemical Release Report-
ing; Community Right-to-Know
TRI; Review of Chemicals on the
Original TRI List
Reinventing the Land Disposal Re-
strictions Program
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipers
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Chlorinated Aliphatics Listing Deter-
mination
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
RCRA Reporting and Record-
keeping Burden Reduction
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
-------
Small Businesses—Cont.
Seq.
No.
Seq.
No.
3668
3669
3670
3671
3674
3678
3679
3680
3681
3683
3685
3687
3688
3689
3692
3693
3694
3704
Title
Clean Water Act Definition of the
Waters of the United States
Standards for the Use or Disposal
of Sewage Sludge (Round II)
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures Under Section 316(b)
of the Clean Water Act
Amendments to Round I Final Sew-
age Sludge Use or Disposal Rule
—Phase Two
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Revisions to Effluent Guidelines
and Standards for the Coal Min-
ing Point Source Category
Amend the Final Water Quality
Guidance for the Great Lakes
System to Prohibit Mixing Zone
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Further Revisions to Clean Water
Act Definition of Discharge of
Dredged Material
Effluent Guidelines and Standards
for the Transportation Equipment
Cleaning Category
Effluent Guidelines and Standards
for Landfills
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase One
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
3705
3706
3708
3709
3710
3712
3713
3714
3718
3719
3721
3722
3726
3732
3734
3736
3737
Title
Seq.
No.
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Guidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
NPDES Streamlining Rule —
Round III
Effluent Guidelines and Standards
for Iron and Steel Manufacturing
Point Source Category
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
Effluent Guidelines for the Con-
struction and Development Indus-
try
NPDES Wastewater Permit Applica-
tion Forms and Regulatory Revi-
sions for Municipal Discharges
and Sewage Sludge Use or Dis-
posal
Amendments to Round I Final Sew-
age Sludge Use or Disposal
Rule—Phase One
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Lead and Copper
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
3742
3743
3744
3747
3749
3750
3752
Title
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
Drinking Water Unregulated Con-
taminant Monitoring Program
National Primary and Secondary
Drinking Water Regulations: Ana-
lytic Methods for Organic, Inor-
ganic and Microbiological Con-
taminants and Pesticides
National Primary Drinking Water
Regulations: Analytical Methods
for Microbial, Lead and Magne-
sium
Shore Protection Act, Section
4103(b) Regulations
Small Governmental Jurisdictions
Seq.
No.
111
112
123
124
130
131
132
134
135
3297
3298
3334
Title
EPA
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Chemical Right-to-Know Initiative
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Ground Water and Pesticide Man-
agement Plan
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
TRI; Reporting Threshold Amend-
ment for Certain Persistent and
Bioaccumulative Toxic Chemicals
(PBTs)
NPDES Comprehensive Storm
Water Phase II Regulations
Public Water System Public Notifi-
cation Regulation
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Method 301: Field Validation of Pol-
lution Measurement Methods for
Various Media; Revisions
-------
Small Governmental Jurisdictions—Cont.
Seq
No.
Seq.
No
3349
3357
3364
3367
3388
3395
3422
3436
3471
3561
3570
3572
3577
3580
3588
3592
3595
3597
3601
3602
3604
Title
NESHAP/NSPS: Reciprocating In-
ternal Combustion Engine
NESHAP: Municipal Solid Waste
Landfills
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
Standards and Guidelines for Small
Municipal Waste Combustion
Units
National Volatile Organic Com-
pound Emission Standard for Ar-
chitectural Coatings; Proposed
Amendments
NESHAP: Publicly Owned Treat-
ment Works (POTW)
Revisions to the Regulation for Ap-
proval of State Programs and
Delegation of Federal Authorities
112(1)
NSPS: New Source Performance
Standards and Emission Guide-
lines for Other Solid Waste Incin-
erators
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Pesticide Tolerance Reassessment
Program
Follow-Up Rules on Existing Chemi-
cals
Asbestos Model Accreditation Plan
Revisions
Asbestos Worker Protection Rule
Amendments
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
PCBs; Polychlorinated Biphenyls;
Exemptions From the Prohibitions
Against Manufacturing, Process-
ing, and Distribution in Com-
merce
Acrylamide; Ban on Use of Acryl-
amide for Grouting
DCBs; Polychlorinated Biphenyls
(PCBs) Transformer Reclassifica-
tion Rule
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
3605
3607
361;
364!
3653
3654
3668
3669
3670
3671
3673
3674
3679
3680
3681
3685
3687
3688
3689
3692
Title
Seq
No.
Asbestos-Containing Materials in
Schools Rule Amendments
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
RCRA Reporting and Record-
keeping Burden Reduction
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Clean Water Act Definition of the
Waters of the United States
Standards for the Use or Disposal
of Sewage Sludge (Round II)
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures Under Section 316(b)
of the Clean Water Act
Amendments to Round I Final Sew-
age Sludge Use or Disposal Rule
—Phase Two
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Amend the Final Water Quality
Guidance for the Great Lakes
System to Prohibit Mixing Zone
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
:urther Revisions to Clean Water
Act Definition of Discharge of
Dredged Material
Effluent Guidelines and Standards
for Landfills
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
ncreased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
3693
3694
3704
3706
3708
3709
3710
3712
3714
3718
3719
3721
3722
3723
3726
3732
3734
Title
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase One
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Guidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
NPDES Streamlining Rule —
Round III
Effluent Guidelines and Standards
for Iron and Steel Manufacturing
Point Source Category
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
Effluent Guidelines for the Con-
struction and Development Indus-
try
NPDES Wastewater Permit Applica-
tion Forms and Regulatory Revi-
sions for Municipal Discharges
and Sewage Sludge Use or Dis-
posal
Amendments to Round I Final Sew-
age Sludge Use or Disposal
Rule—Phase One
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
Streamlining 301 (h) Waiver Re-
newal Requirements
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Jse of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Lead and Copper
-------
Small Governmental Jurisdictions—Cont.
Seq.
No.
Seq.
No.
3736
3737
3742
3743
3744
3747
3749
3750
3751
3752
Title
Seq.
No.
111
123
124
131
134
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
Drinking Water Unregulated Con-
taminant Monitoring Program
National Primary and Secondary
Drinking Water Regulations: Ana-
lytic Methods for Organic, Inor-
ganic and Microbiological Con-
taminants and Pesticides
National Primary Drinking Water
Regulations: Analytical Methods
for Microbial, Lead and Magne-
sium
Revisions to Ocean Dumping Regu-
lations for Dredged Material
Shore Protection Act, Section
4l03(b) Regulations
Small Organizations
Title
EPA
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
NPDES Comprehensive Storm
Water Phase II Regulations
135
3297
3298
3316
3584
3588
3601
3602
3604
3605
3607
3653
3654
3674
3680
3688
3689
3692
3693
Title
Seq.
No.
Public Water System Public Notifi-
cation Regulation
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
TSCA Biotechnology Follow-Up
Rules
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Asbestos-Containing Materials in
Schools Rule Amendments
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
RCRA Reporting and Record-
keeping Burden Reduction
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
3694
3706
3708
3712
3714
3722
3726
3732
3734
3736
3737
3742
3743
3744
3747
Title
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile • Organics Under the
Clean Water Act, Phase One
Guidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Lead and Copper
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
Drinking Water Unregulated Con-
taminant Monitoring Program
-------
8
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 addition, Executive Order 12875 entitled "Enhancing
the Intergovernmental Partnership" (October 26, 1993; 58 FR 58093) directs agencies to reduce the imposition
of unfunded mandates upon State, local, and tribal governments. In keeping with these efforts, agencies
include in their submissions for The Regulatory Plan and the Unified Agenda information on whether their
regulatory actions have an effect on various levels of government.
The following index lists the regulatory actions in this publication that agencies believe 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. For further information, see the Regulatory Information
Service Center's Introduction to The Regulatory Plan and the Unified Agenda in Part II of this issue.
State Government
Seq.
No.
102
103
104
107
108
111
113
114
115
116
117
118
119
120
Title
EPA
TRI; Addition of Oil and Gas Explo-
ration and Production to the Toxic
Release Inventory
NAAQS: Sulfur Dioxide (Response
to Remand)
Operating Permits: Revisions (Part
70)
Review of the National Ambient Air
Quality Standards for Particulate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Hazardous Waste Identification
Rule (HWIR): Identification and
Listing of Hazardous Wastes
Hazardous Waste Manifest Regula-
tion
Standardized Permit for RCRA Haz-
ardous Waste Management Fa-
cilities
Hazardous Waste Storage and Dis-
posal Regulation Related to Low
Level Mixed Waste; Proposed
Modifications
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
Seq.
No.
121
122
123
125
127
128
129
130
131
132
133
134
135
136
Title
Effluent Guidelines and Standards
for the Feedlots Point Source
Category, Swine and Poultry
Subcategories, and NPDES Reg-
ulation for Concentrated Animal
Feeding Operations
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
New Source Review (NSR) Reform
Implementation of Ozone and Par-
ticulate Matter (PM) National Am-
bient Air Quality Standards
(NAAQS) and Regional Haze
Regulations
Consolidated Federal Air Rule for
the Synthetic Organic Chemical
Manufacturing Industry
Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards
and Gasoline Sulfur Standards
Ground Water and Pesticide Man-
agement Plan
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
TRI; Reporting Threshold Amend-
ment for Certain Persistent and
Bioaccumulative Toxic Chemicals
(PBTs)
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
NPDES Comprehensive Storm
Water Phase II Regulations
Public Water System Public Notifi-
cation Regulation
Total Maximum Daily Load (TMDL)
Program Regulations Revisions
Seq.
No.
137
3297
3299
3324
3326
3328
3329
3330
3331
3333
3334
3335
3336
3339
3343
3344
3346
3347
3348
Title
Total Maximum Daily Load (TMDL)
- NPDES and WQS Regulations
Revisions
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
NESHAP: Chromium Electroplating
Amendment
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
NESHAP: Iron Foundries and Steel
Foundries
NESHAP: Cyanide Chemicals Man-
ufacturing
NESHAP: Integrated Iron and Steel
NESHAP: Reinforced Plastic Com-
posites Production
NESHAP: Chlorine Production
Method 301: Field Validation of Pol-
lution Measurement Methods for
Various Media; Revisions
Requirements for Preparation,
Adoption, and Submittal of State
Implementation Plans (Guideline
on Air Quality Models)
Amendments to General Provisions
Subparts A and B for 40 CFR 63
New Source Performance Stand-
ards and Emission Guidelines for
Commercial and Industrial Solid
Waste Incineration Units
NESHAP: Tire Manufacturing
NESHAP: Plywood and Composite
Wood Products
NESHAP: Large Appliance (Surface
Coating)
Metal Furniture (Surface Coatings)
NESHAP
Paper and Other Web Coating
NESHAP
-------
9
State Government—Cont.
Seq.
No.
Seq.
No.
3349
3350
3354
3355
3356
3357
3358
3359
3360
3361
3366
3367
3368
3371
3372
3373
3374
3375
3387
3388
3392
3393
3394
Title
NESHAP/NSPS: Reciprocating In-
ternal Combustion Engine
NESHAP: Asphalt Roofing and
Processing
NESHAP: Metal Coil (Surface Coat-
ing) Industry
NESHAP: Primary Magnesium Re-
fining
NESHAP: Miscellaneous Cellulose
Production
NESHAP: Municipal Solid Waste
Landfills
NESHAP: Leather Tanning and Fin-
ishing Operations
NESHAP: Manufacture of Carbon
Black
NESHAP: Vegetable Oil Production
Consolidated Emission Reporting
Rule
NESHAP: Organic Liquid Distribu-
tion
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
NESHAP: for Source Category:
Pulp and Paper Production;
Amendments to the Promulgated
Rule
NESHAP: Organic Hazardous Air
Pollutants From the Synthetic Or-
ganic Chemical Industry (SOCMI)
& Other Processes Subject to the
Negotiated Regulation for Equip-
ment Leaks
NESHAP: Polyvinyl Chloride and
CoPolymers Production
Performance Specification 16 -
Specifications and Test Proce-
dures for Predictive Emission
Monitoring Systems in Stationary
Sources
NESHAP: Wet-formed Fiberglass
Mat Production
Revision to the Definition of Volatile
Organic Compound (VOC) to Ex-
clude Tertiary Butyl Acetate
Standards and Guidelines for Small
Municipal Waste Combustion
Units
Area Source Title V Operating Per-
mit Deferrals
Decision on a Petition from the Ter-
ritory of American Samoa to be
Exempted from the Gasoline Anti-
dumping Regulations.
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
3396
3398
3401
3405
3406
3407
3408
3410
3411
3412
3413
3417
3418
3419
3420
3421
3422
3426
3435
3436
3438
Title
Seq.
No.
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Regulation of Fuels and Fuel Addi-
tives: Extension of Reformulated
Gasoline Program to the Kansas
City, KS Former Ozone Non-
attainment Area
Transportation Conformity Amend-
ment: Deletion of Grace Period
National Ambient Air Quality Stand-
ard for Ozone - Corrections No-
tice
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
Regulation of Fuels and Fuel Addi-
tives: Reformulated Gasoline Ad-
justment
National Ambient Air Quality Stand-
ard for Ozone - Corrections No-
tice
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
Regulation of Fuels and Fuel Addi-
tives: Reformulated Gasoline Ad-
justment
NESHAP: Manufacturing of Amino
and Phenolic Resins (Polymers
and Resins Group III)
NESHAP: Phosphate Fertilizers
Production
NESHAP: Primary Copper Smelting
NESHAP: Secondary Aluminum In-
dustry
NSPS: Synthetic Organic Chemi-
cals Manufacturing Industry -
Wastewater (FINAL) & Amend, to
Appendix C of Part 63 & Appen-
dix J of Part 61
NESHAP: Publicly Owned Treat-
ment Works (POTW)
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
NSPS: Sewage Sludge Incinerators
Revisions to the Regulation for Ap-
proval of State Programs and
Delegation of Federal Authorities
112(1)
Addition of Opacity Method to Ap-
pendix M of 40 CFR Part 51
(Method 203)
3439
3441
3443
3446
3447
3451
3452
3453
3458
3459
3461
3463
3469
3470
3472
3473
3474
3476
3477
Title
NESHAP: Group I Polymers and
Resins and Group IV Polymers
and Resins and Group IV Poly-
mers and Resins
NESHAP: Chromium Electroplating
Amendment
NESHAP: Off-Site Waste and Re-
covery Operations; Final Rule—
Settlement Agreement; and
NESHAP for Off-Site Waste and
Recovery Operations; Technical
Amendments
Redefinition of Glycol Ethers Listed
as HAPs Under the Clean Air
Act, and Hazardous Substances
Under CERCLA
NESHAP: Oil and Natural Gas Pro-
duction and NESHAP: Natural
Gas Transmission and Storage,
Amendments
Hospital/Medical/lnfectious Waste
Incinerators—Federal Plan (Fed-
eral Plan for existing
Hospital/Medical/lnfectious Waste
Incinerators)
Amendment to Regulations Govern-
ing Equivalent Emission Limita-
tions by Permit
NESHAP: Ethylene Oxide Commer-
cial Sterilization and Fumigation
Operations
Additional Flexibility Amendments to
Inspection Maintenance Program
Requirements; Amendments to
the Final Rule
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
Technical Amendment to the Find-
ing of Significant Contribution and
Rulemaking for Certain States for
Purposes of Reducing Regional
Transport of Ozone (The "NOx
SIP Call" rule)
Revision to NOx SIP Call Emission
Budgets for Connecticut, Massa-
chusetts and Rhode Island
NESHAP: Manufacturing of Nutri-
tional Yeast
NESHAP: Paint Stripping Oper-
ations
Petroleum Solvent Dry Cleaners
Maximum Achievable Control
Technology (MACT) Standard
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
Plastic Parts (Surface Coating)
NESHAP
NESHAP: Lime Manufacturing
NESHAP: Friction Products Manu-
facturing
-------
10
State Government—Cont
Seq.
No.
Seq.
No
3478
3479
3480
3481
3482
3483
3486
3488
3489
3490
3493
3494
3495
3496
3497
3498
3500
3504
3505
3506
3507
3509
3511
3512
3513
3514
Title
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
NESHAP: Semiconductor Produc-
tion
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Automobile and Light-
Duty Truck Manufacturing (Sur-
face Coating)
Offset Lithographic Printing National
VOC Rule
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federal Class I Areas
NESHAP: Spandex Production
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Alumina Processing
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Ammonium Sulphate
Production (Caprolactam By-
Product)
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Products Minerals
NESHAP: Hydrogen Chloride Pro-
duction
NESHAP: Uranium Hexafluoride
Production
General Conformity Regulations;
Revisions
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
Identification of Additional Ozone
Areas Attaining the 1-Hour Stand-
ard and to Which the 1-Hour
Standard is No Longer Applicable
(7 areas)
NESHAP: Brick and Structural Clay
Products
NESHAP: Ceramics
NESHAP: Lightweight Aggregate
Integrated NESHAP and Effluent
Guidelines: Pulp and Paper
NESHAP: Mineral Wool Production
Industry
NESHAP: Oil and Natural Gas Pro-
duction and Natural Gas Trans-
mission and Storage
NESHAP: Phosphoric Acid Manu-
facturing
3515
3516
3517
3518
3520
3521
3523
3525
3526
3527
3529
3530
3532
3534
3536
3537
3538
3543
3545
3546
3550
3551
3558
3560
3561
3565
Title
Seq.
No.
NESHAP: Steel Pickling, HC1 Proc-
ess
NESHAP: Wool Fiberglass Manu-
facturing Industry
NESHAP: Portland Cement Manu-
facturing
NESHAP: Polyether Polyols Pro-
duction
NESHAP: Primary Lead Smelters
NESHAP: Acrylic/Modacrylic Fibers
Manufacturing
NESHAP: Ferroalloy Production
Acid Rain Program: Continuous
Emission Monitoring (CEM) Rule
Revisions
Consumer & Commercial Products:
Wood Furniture, Aerospace,
Shipbuilding and Ship Repair
Coatings: Control Techniques
Guidelines in Lieu of Regulations
Transportation Conformity Rule
Amendment and Solicitation for
Participation in the Pilot Program
Generic MACT for Source Cat-
egories (Acrylic Modacrylic Fi-
bers, Polycarbonates, Hydrogen
Fluoride, and Acetal Resins)
NESHAP: Hydrogen Fluoride Pro-
duction
Storage Tank Rule Revisions
Protection of Stratospheric Ozone:
Servicing of Motor Vehicle Air
Conditioners: Standards for
Equipment That Recovers and
Recycles Refrigerants Other
Than CFC-12 and HFC-134a
Air Quality Index Reporting
Electric Arc Furnace NSPS Amend-
ment
Acid Rain Program: Proposed Revi-
sion of Test Method 1, 2, and 2F
for Measuring Volumetric Flow in
Stacks
Consumer and Commercial Prod-
ucts: Revised Schedule for Regu-
lation
No Backsliding Rule for PM-10
Nonattainment Areas
Revisions to Reference Method for
the Determination of Fine Particu-
late Matter as PM2.5 in the At-
mosphere
Coke Oven NESHAP Amendment
Coke Oven NESHAP Amendment
Regulatory Review of Pesticide
Emergency Exemption Regula-
tions
Pesticide Management and Dis-
posal
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Tolerances for Pesticide Emergency
Exemptions
3567
3570
3573
3575
3577
3579
3580
3581
3583
3584
3585
3588
3594
3595
3597
3599
3602
3604
3605
3607
3609
3610
3611
3612
3618
Title
Policy or Procedures for Notification
to the Agency of Stored Pes-
ticides With Cancelled or Sus-
pended Registration
Pesticide Tolerance Reassessment
Program
Test Rules; Generic Entry for Pro-
posed Decisions
Test Rule; ATSDR Substances
Asbestos Model Accreditation Plan
Revisions
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Asbestos Worker Protection Rule
Amendments
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Test Rule for Certain Metals
TSCA Biotechnology Follow-Up
Rules
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
Test Rules; Generic Entry for Final
Decisions
Acrylamide; Ban on Use of Acryl-
amide for Grouting
PCBs; Polychlorinated Biphenyls
(PCBs) Transformer Reclassifica-
tion Rule
Test Rule; Hazardous Air Pollutants
(HAPs)
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Asbestos-Containing Materials in
Schools Rule Amendments
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; Data Expansion Amendments;
Toxic Chemical Release Report-
ing; Community Right-to-Know
-------
11
State Government—Cont.
Seq.
No.
Seq.
No.
3619
3620
3623
3627
3630
3631
3632
3635
3636
3637
3638
3639
3640
3641
3642
3644
3645
Title
TRI; Review of Chemicals on the
Original TRI List
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Identification and Listing of Hazard-
ous Waste; Inorganic Chemical
Industry Wastes; and CERCLA
Hazardous Substance Designa-
tion and Reportable Quantities
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipers
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088)
Revisions to Guidelines for the
Storage and Collection of Resi-
dential, Commercial, and Institu-
tional Solid Waste
Alternative Land Disposal Restric-
tions Treatment Standards for
Contaminated Soils, Deferral of
PCB's as an Underlying Hazard-
ous Constituent in Soil
Corrective Action for Solid Waste
Management Units (SWMUs) at
Hazardous Waste Management
Facilities
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
Chlorinated Aliphatics Listing Deter-
mination
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Recycled Used Oil Containing
PCBs
180-Day Accumulation Time Under
RCRA for Generators of F006
Waste Water Treatment Sludges
from the Metal Finishing Industry
3647
3649
3650
3651
3652
3653
3654
3655
3656
3657
3658
3659
3661
3662
3669
3670
3671
3672
3673
3674
3678
Title
Seq.
No.
Revised Standards for Hazardous
Waste Combustion Facilities
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Management of Cement Kiln Dust
(CKD)
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
RCRA Reporting and Record-
keeping Burden Reduction
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Proposed Regulatory Amendments
on Recycling of Hazardous
Wastes in Fertilizers
Hazardous Waste Management
System; Modification of the Haz-
ardous Waste Program; Hazard-
ous Waste Lamps
Adequacy of State Permit Programs
Under RCRA Subtitle D
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions;
Revision of 40 CFR Part 35 Sub-
part O
Grants for Technical Assistance
Rule Reform—40 CFR Part 35
Subpart M
Standards for the Use or Disposal
of Sewage Sludge (Round II)
Minimizing Adverse Environmental
Impact from Cooling Water intake
Structures Under Section 316(b)
of the Clean Water Act
Amendments to Round 1 Final Sew-
age Sludge Use or Disposal Rule
—Phase Two
Water Quality Standards Regulation
— Revision
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Revisions to Effluent Guidelines
and Standards for the Coal Min-
ing Point Source Category
3679
3680
3682
3683
3685
3686
3687
3688
3689
3692
3693
3694
3695
3697
3698
3699
3700
3702
3704
Title
Amend the Final Water Quality
Guidance for the Great Lakes
System to Prohibit Mixing Zone
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
Effluent Guidelines and Standards
for the Transportation Equipment
Cleaning Category
Effluent Guidelines and Standards
for Landfills
Establishment of Numeric Criteria
for Priority Toxic Pollutants for
the State of California
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase One
Effluent Guidelines and Standards
for Industrial Waste Combustors
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category; Monitoring
Amendment
Water Quality Standards for Ala-
bama—Phase I
Water Quality Standards; Establish-
ment of Numeric Criteria for Pri-
ority Toxic Pollutants; States'
Compliance — Revision of Poly-
chlorinated Biphenyls (PCBs) Cri-
teria
EPA Review and Approval of State
and Tribal Water Quality Stand-
ards
Recognition Awards Under the
Clean Water Act
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
-------
State Government—Cont.
Seq.
No.
Seq.
No.
3705
3706
3707
3708
3709
3710
3711
3712
3713
3714
3715
3716
3718
3719
3721
3722
Title
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Guidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
Water Quality Standards; Establish-
ment of Numeric Criteria for Pri-
ority Toxic Pollutants; States'
Compliance
Guidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
NPDES Streamlining Rule —
Round III
Effluent Guidelines and Standards
for Iron and Steel Manufacturing
Point Source Category
Selenium Criterion Maximum Con-
centration for Water Quality Guid-
ance for the Great Lakes System
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
Revisions to Effluent Guidelines
and Standards for Synthetic-
Based Drilling Fluids in the Oil
and Gas Extraction Point Source
Category
Water Quality Standards for Ala-
bama—Phase II
Effluent Guidelines for the Con-
struction and Development Indus-
try
NPDES Wastewater Permit Applica-
tion Forms and Regulatory Revi-
sions for Municipal Discharges
and Sewage Sludge Use or Dis-
posal
Amendments to Round I Final Sew-
age Sludge Use or Disposal
Rule—Phase One
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
3723
3724
3725
3726
3732
3733
3734
3736
3737
3739
3741
3742
3743
3744
3745
3746
3747
3748
3749
3750
3751
Title
Local Government
Streamlining 301 (h) Waiver Re-
newal Requirements
Uniform National Discharge Stand-
ards for Armed Forces Vessels—
Phase I
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category; Incentives
Amendment
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
Revisions to the Underground Injec-
tion Control Regulations for Class
V Injection Wells
National Primary Drinking Water
Regulations: Lead and Copper
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
Drinking Water State Revolving
Fund Regulations
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
Long Term 2 Enhanced Surface
Water Treatment Rule
Stage 2 Disinfectants/Disinfection
Byproducts Rule
Drinking Water Unregulated Con-
taminant Monitoring Program
Filter Backwash Recycling Regula-
tion
National Primary and Secondary
Drinking Water Regulations: Ana-
lytic Methods for Organic, Inor-
ganic and Microbiological Con-
taminants and Pesticides
National Primary Drinking Water
Regulations: Analytical Methods
for Microbial, Lead and Magne-
sium
Revisions to Ocean Dumping Regu-
lations for Dredged Material
Seq.
No.
103
107
108
111
114
117
118
119
120
121
123
127
129
130
131
134
135
3297
3299
3326
3328
Title
EPA
NAAQS: Sulfur Dioxide (Response
to Remand)
Review of the National Ambient Air
Quality Standards for Particulate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Hazardous Waste Manifest Regula-
tion
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
Effluent Guidelines and Standards
for the Feedlots Point Source
Category, Swine and Poultry
Subcategories, and NPDES Reg-
ulation for Concentrated Animal
Feeding Operations
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Implementation of Ozone and Par-
ticulate Matter (PM) National Am-
bient Air Quality Standards
(NAAQS) and Regional Haze
Regulations
Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards
and Gasoline Sulfur Standards
Ground Water and Pesticide Man-
agement Plan
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
NPDES Comprehensive Storm
Water Phase II Regulations
Public Water System Public Notifi-
cation Regulation
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
NESHAP: Iron Foundries and Steel
Foundries
-------
13
Local Government—Cont.
Seq.
No.
Seq.
No.
3329
3339
3344
3349
3350
3356
3357
3358
3362
3364
3366
3367
3368
3371
3372
3375
3388
3392
3393
3394
3396
3398
Title
NESHAP: Cyanide Chemicals Man-
ufacturing
New Source Performance Stand-
ards and Emission Guidelines for
Commercial and Industrial Solid
Waste Incineration Units
NESHAP: Plywood and Composite
Wood Products
NESHAP/NSPS: Reciprocating In-
ternal Combustion Engine
NESHAP: Asphalt Roofing and
Processing
NESHAP: Miscellaneous Cellulose
Production
NESHAP: Municipal Solid Waste
Landfills
NESHAP: Leather Tanning and Fin-
ishing Operations
Transportation Conformity Rule
Amendment: Clarification of Trad-
ing Provisions
Review of Minor New Sources and
Modifications in Indian Country
NESHAP: Organic Liquid Distribu-
tion
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
NESHAP: for Source Category:
Pulp and Paper Production;
Amendments to the Promulgated
Rule
NESHAP: Organic Hazardous Air
Pollutants From the Synthetic Or-
ganic Chemical Industry (SOCMI)
& Other Processes Subject to the
Negotiated Regulation for Equip-
ment Leaks
NESHAP: Wet-formed Fiberglass
Mat Production
Standards and Guidelines for Small
Municipal Waste Combustion
Units
Area Source Title V Operating Per-
mit Deferrals
Decision on a Petition from the Ter-
ritory of American Samoa to be
Exempted from the Gasoline Anti-
dumping Regulations.
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Regulation of Fuels and Fuel Addi-
tives: Extension of Reformulated
Gasoline Program to the Kansas
City, KS Former Ozone Non-
attainment Area
3401
3406
3411
3420
3422
3426
3435
3436
3438
3439
3443
3446
3451
3453
3455
3471
3476
3478
3479
Title
Seq.
No.
Transportation Conformity Amend-
ment: Deletion of Grace Period
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
NESHAP: Secondary Aluminum In-
dustry
NESHAP: Publicly Owned Treat-
ment Works (POTW)
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
NSPS: Sewage Sludge Incinerators
Revisions to the Regulation for Ap-
proval of State Programs and
Delegation of Federal Authorities
112(1)
Addition of Opacity Method to Ap-
pendix M of 40 CFR Part 51
(Method 203)
NESHAP: Group I Polymers and
Resins and Group IV Polymers
and Resins and Group IV Poly-
mers and Resins
NESHAP: Off-Site Waste and Re-
covery Operations; Final Rule—
Settlement Agreement; and
NESHAP for Off-Site Waste and
Recovery Operations; Technical
Amendments
Redefinition of Glycol Ethers Listed
as HAPs Under the Clean Air
Act, and Hazardous Substances
Under CERCLA
Hospital/Medical/Infectious Waste
Incinerators—Federal Plan (Fed-
eral Plan for existing
Hospital/Medical/Infectious Waste
Incinerators)
NESHAP: Ethylene Oxide Commer-
cial Sterilization and Fumigation
Operations
Federal Plan Requirements for Mu-
nicipal Solid Waste Landfills that
Commenced Construction Prior to
5/30/91 and Have Not Been
Modified or Reconstructed Since
5/30/91
NSPS: New Source Performance
Standards and Emission Guide-
lines for Other Solid Waste Incin-
erators
NESHAP: Lime Manufacturing
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
NESHAP: Semiconductor Produc-
tion
3481
3488
3489
3490
3493
3495
3496
3499
3504
3506
3507
3509
3511
3512
3515
3516
3517
3518
3520
3525
3527
3534
3536
3537
3538
3543
3545
Title
NESHAP: Automobile and Light-
Duty Truck Manufacturing (Sur-
face Coating)
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Alumina Processing
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Products Minerals
Federal Implementation Plans
(FIPs) To Reduce the Regional
Transport of Ozone in the East-
ern United States
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
NESHAP: Brick and Structural Clay
Products
NESHAP: Ceramics
NESHAP: Lightweight Aggregate
Integrated NESHAP and Effluent
Guidelines: Pulp and Paper
NESHAP: Mineral Wool Production
Industry
NESHAP: Steel Pickling, HC1 Proc-
ess
NESHAP: Wool Fiberglass Manu-
facturing Industry
NESHAP: Portland Cement Manu-
facturing
NESHAP: Polyether Polyols Pro-
duction
NESHAP: Primary Lead Smelters
Acid Rain Program: Continuous
Emission Monitoring (CEM) Rule
Revisions
Transportation Conformity Rule
Amendment and Solicitation for
Participation in the Pilot Program
Protection of Stratospheric Ozone.
Servicing of Motor Vehicle Air
Conditioners: Standards for
Equipment That Recovers and
Recycles Refrigerants Other
Than CFC-12 and HFC-134a
Air Quality Index Reporting
Electric Arc Furnace NSPS Amend-
ment
Acid Rain Program: Proposed Revi-
sion of Test Method 1, 2, and 2F
for Measuring Volumetric Flow in
Stacks
Consumer and Commercial Prod-
ucts: Revised Schedule for Regu-
lation
No Backsliding Rule for PM-10
Nonattainment Areas
-------
14
Local Government—Cont.
Seq.
No.
Seq.
No.
3546
3561
3570
3577
3579
3580
3581
3583
3584
3585
3588
3595
3602
3604
3605
3607
3620
3623
3627
3630
Title
Revisions to Reference Method for
the Determination of Fine Particu-
late Matter as PM2.5 in the At-
mosphere
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Pesticide Tolerance Reassessment
Program
Asbestos Model Accreditation Plan
Revisions
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Asbestos Worker Protection Rule
Amendments
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Test Rule for Certain Metals
TSCA Biotechnology Follow-Up
Rules
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
Acrylamide; Ban on Use of Acryl-
amide for Grouting
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Asbestos-Containing Materials in
Schools Rule Amendments
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Identification and Listing of Hazard-
ous Waste; Inorganic Chemical
Industry Wastes; and CERCLA
Hazardous Substance Designa-
tion and Reportable Quantities
3632
3635
3636
3642
3652
3654
3656
3658
3659
3661
3662
3669
3670
3671
3673
3674
3678
3680
3682
Title
Seq.
No.
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088)
Revisions to Guidelines for the
Storage and Collection of Resi-
dential, Commercial, and Institu-
tional Solid Waste
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Hazardous Waste Management
System; Modification of the Haz-
ardous Waste Program; Hazard-
ous Waste Lamps
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions;
Revision of 40 CFR Part 35 Sub-
part O
Grants for Technical Assistance
Rule Reform—40 CFR Part 35
Subpart M
Standards for the Use or Disposal
of Sewage Sludge (Round II)
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures Under Section 316(b)
of the Clean Water Act
Amendments to Round I Final Sew-
age Sludge Use or Disposal Rule
—Phase Two
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Revisions to Effluent Guidelines
and Standards for the Coal Min-
ing Point Source Category
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
3683
3685
3687
3688
3689
3692
3693
3694
3695
3697
3702
3704
3705
3706
3708
3709
3710
3712
Title
Effluent Guidelines and Standards
for the Transportation Equipment
Cleaning Category
Effluent Guidelines and Standards
for Landfills
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase One
Effluent Guidelines and Standards
for Industrial Waste Combustors
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category; Monitoring
Amendment
Recognition Awards Under the
Clean Water Act
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Guidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
NPDES Streamlining Rule —
Round III
Effluent Guidelines and Standards
for Iron and Steel Manufacturing
Point Source Category
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
-------
15
Local Government—Cont.
Seq.
No.
Seq.
No.
3713
3714
3718
3719
3721
3722
3723
3724
3726
3732
3733
3734
3736
3737
3739
3741
3742
3743
3744
Title
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
Effluent Guidelines for the Con-
struction and Development Indus-
try
NPDES Wastewater Permit Applica-
tion Forms and Regulatory Revi-
sions for Municipal Discharges
and Sewage Sludge Use or Dis-
posal
Amendments to Round I Final Sew-
age Sludge Use or Disposal
Rule—Phase One
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
Streamlining 301 (h) Waiver Re-
newal Requirements
Uniform National Discharge Stand-
ards for Armed Forces Vessels—
Phase I
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
Revisions to the Underground Injec-
tion Control Regulations for Class
V Injection Wells
National Primary Drinking Water
Regulations: Lead and Copper
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
Drinking Water State Revolving
Fund Regulations
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
3745
3746
3747
3748
3749
3750
3751
3752
Title
Seq.
No.
Seq.
No.
107
108
111
114
117
118
119
120
121
Long Term 2 Enhanced Surface
Water Treatment Rule
Stage 2 Disinfectants/Disinfection
Byproducts Rule
Drinking Water Unregulated Con-
taminant Monitoring Program
Filter Backwash Recycling Regula-
tion
National Primary and Secondary
Drinking Water Regulations: Ana-
lytic Methods for Organic, Inor-
ganic and Microbiological Con-
taminants and Pesticides
National Primary Drinking Water
Regulations: Analytical Methods
for Microbial, Lead and Magne-
sium
Revisions to Ocean Dumping Regu-
lations for Dredged Material
Shore Protection Act, Section
4103(b) Regulations
Tribal Government
122
Title
EPA
Review of the National Ambient Air
Quality Standards for Particulate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Hazardous Waste Manifest Regula-
tion
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
Effluent Guidelines and Standards
for the Feedlots Point Source
Category, Swine and Poultry
Subcategories, and NPDES Reg-
ulation for Concentrated Animal
Feeding Operations
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
124
127
129
130
131
134
135
136
137
3297
3299
3328
3344
3346
3347
3349
3350
3356
3357
3358
3364
3366
3367
3368
3375
3392
Title
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Implementation of Ozone and Par-
ticulate Matter (PM) National Am-
bient Air Quality Standards
(NAAQS) and Regional Haze
Regulations
Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards
and Gasoline Sulfur Standards
Ground Water and Pesticide Man-
agement Plan
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
NPDES Comprehensive Storm
Water Phase II Regulations
Public Water System Public Notifi-
cation Regulation
Total Maximum Daily Load (TMDL)
Program Regulations Revisions
Total Maximum Daily Load (TMDL)
- NPDES and WQS Regulations
Revisions
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
NESHAP: Iron Foundries and Steel
Foundries
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
NESHAP: Large Appliance (Surface
Coating)
Metal Furniture (Surface Coatings)
NESHAP
NESHAP/NSPS: Reciprocating In-
ternal Combustion Engine
NESHAP: Asphalt Roofing and
Processing
NESHAP: Miscellaneous Cellulose
Production
NESHAP: Municipal Solid Waste
Landfills
NESHAP: Leather Tanning and Fin-
ishing Operations
Review of Minor New Sources and
Modifications in Indian Country
NESHAP: Organic Liquid Distribu-
tion
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
NESHAP: Wet-formed Fiberglass
Mat Production
Area Source Title V Operating Per-
mit Deferrals
-------
Tribal Government—Cont.
Seq.
No.
Seq.
No.
3393
3394
3401
3406
3408
3411
3413
3420
3436
3438
3439
3451
3453
3455
3465
3476
3478
Title
Decision on a Petition from the Ter-
ritory of American Samoa to be
Exempted from the Gasoline Anti-
dumping Regulations.
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
Transportation Conformity Amend-
ment: Deletion of Grace Period
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Regulation of Fuels and Fuel Addi-
tives: Reformulated Gasoline Ad-
justment
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Regulation of Fuels and Fuel Addi-
tives: Reformulated Gasoline Ad-
justment
NESHAP: Secondary Aluminum In-
dustry
Revisions to the Regulation for Ap-
proval of State Programs and
Delegation of Federal Authorities
112(1)
Addition of Opacity Method to Ap-
pendix M of 40 CFR Part 51
(Method 203)
NESHAP: Group I Polymers and
Resins and Group IV Polymers
and Resins and Group IV Poly-
mers and Resins
Hospital/Medical/Infectious Waste
Incinerators—Federal Plan (Fed-
eral Plan for existing
Hospital/Medical/lnfectious Waste
Incinerators)
NESHAP: Ethylene Oxide Commer-
cial Sterilization and Fumigation
Operations
Federal Plan Requirements for Mu-
nicipal Solid Waste Landfills that
Commenced Construction Prior to
5/30/91 and Have Not Been
Modified or Reconstructed Since
5/30/91
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
NESHAP: Lime Manufacturing
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
3483
3488
3489
3490
3493
3495
3496
3499
3504
3506
3507
3509
3512
3515
3516
3517
3518
3520
3525
3534
3536
3537
3538
3543
3545
3548
Title
Seq.
No.
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federal Class I Areas
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Alumina Processing
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Products Minerals
Federal Implementation Plans
(FIPs) To Reduce the Regional
Transport of Ozone in the East-
ern United States
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
NESHAP: Brick and Structural Clay
Products
NESHAP: Ceramics
NESHAP: Lightweight Aggregate
NESHAP: Mineral Wool Production
Industry
NESHAP: Steel Pickling, HC1 Proc-
ess
NESHAP: Wool Fiberglass Manu-
facturing Industry
NESHAP: Portland Cement Manu-
facturing
NESHAP: Polyether Polyols Pro-
duction
NESHAP: Primary Lead Smelters
Acid Rain Program: Continuous
Emission Monitoring (CEM) Rule
Revisions
Protection of Stratospheric Ozone:
Servicing of Motor Vehicle Air
Conditioners: Standards for
Equipment That Recovers and
Recycles Refrigerants Other
Than CFC-12 and HFC-134a
Air Quality Index Reporting
Electric Arc Furnace NSPS Amend-
ment
Acid Rain Program: Proposed Revi-
sion of Test Method 1, 2, and 2F
for Measuring Volumetric Flow in
Stacks
Consumer and Commercial Prod-
ucts: Revised Schedule for Regu-
lation
No Backsliding Rule for PM-10
Nonattainment Areas
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
3549
3558
3561
3570
3573
3575
3577
3579
3580
3581
3583
3584
3585
3588
3594
3595
3599
3602
3604
3605
3607
3620
3623
3627
Title
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
Regulatory Review of Pesticide
Emergency Exemption Regula-
tions
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Pesticide Tolerance Reassessment
Program
Test Rules; Generic Entry for Pro-
posed Decisions
Test Rule; ATSDR Substances
Asbestos Model Accreditation Plan
Revisions
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Asbestos Worker Protection Rule
Amendments
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Test Rule for Certain Metals
TSCA Biotechnology Follow-Up
Rules
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
Test Rules; Generic Entry for Final
Decisions
Acrylamide; Ban on Use of Acryl-
amide for Grouting
Test Rule; Hazardous Air Pollutants
(HAPs)
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Asbestos-Containing Materials in
Schools Rule Amendments
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
-------
Tribal Government—Cont.
Seq
No.
Seq
No.
3630
3632
3631
3636
3640
3641
3650
3653
3654
3656
3657
3658
3661
3662
3667
3671
3672
3673
Title
Identification and Listing of Hazard-
ous Waste; Inorganic Chemical
Industry Wastes; and CERCLA
Hazardous Substance Designa-
tion and Reportable Quantities
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088)
Revisions to Guidelines for the
Storage and Collection of Resi-
dential, Commercial, and Institu-
tional Solid Waste
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
Chlorinated Aliphatics Listing Deter-
mination
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
RCRA Reporting and Record-
keeping Burden Reduction
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Hazardous Waste Management
System; Modification of the Haz-
ardous Waste Program; Hazard-
ous Waste Lamps
Adequacy of State Permit Programs
Under RCRA Subtitle D
Oil Pollution Prevention Regulation:
Revisions
^operative Agreements and
Superfund State Contracts for
Superfund Response Actions;
Revision of 40 CFR Part 35 Sub-
part O
irants for Technical Assistance
Rule Reform—40 CFR Part 35
Subpart M
Water Quality Standards for Indian
Country Waters
Amendments to Round I Final Sew-
age Sludge Use or Disposal Rule
—Phase Two
Water Quality Standards Regulation
— Revision
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
3674
3678
3679
3680
3687
3688
3689
3692
3693
3694
3700
3702
3705
3706
3708
3709
3711
Title
Seq.
No.
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Revisions to Effluent Guidelines
and Standards for the Coal Min-
ing Point Source Category
Amend the Final Water Quality
Guidance for the Great Lakes
System to Prohibit Mixing Zone
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase One
EPA Review and Approval of State
and Tribal Water Quality Stand-
ards
Recognition Awards Under the
Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
iuidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
iuidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
NPDES Streamlining Rule —
Round III
Selenium Criterion Maximum Con-
centration for Water Quality Guid-
ance for the Great Lakes System
371
3714
3719
3721
3722
3723
3726
3732
3733
3734
3736
3737
3741
3742
3743
3744
3745
3746
3747
3748
Title
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
NPDES Wastewater Permit Applica-
tion Forms and Regulatory Revi-
sions for Municipal Discharges
and Sewage Sludge Use or Dis-
posal
Amendments to Round I Final Sew-
age Sludge Use or Disposal
Rule—Phase One
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
Streamlining 301 (h) Waiver Re-
newal Requirements
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
Revisions to the Underground Injec-
tion Control Regulations for Class
V Injection Wells
National Primary Drinking Water
Regulations: Lead and Copper
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
Long Term 2 Enhanced Surface
Water Treatment Rule
Stage 2 Disinfectants/Disinfection
Byproducts Rule
Drinking Water Unregulated Con-
taminant Monitoring Program
Filter Backwash Recycling Regula-
tion
-------
18
Tribal Government—Cont.
Seq.
No.
Seq.
No.
3749
3750
Title
121
Seq.
No.
102
103
105
107
108
110
111
113
114
115
116
117
118
119
120
National Primary and Secondary
Drinking Water Regulations: Ana-
lytic Methods for Organic, Inor-
ganic and Microbiological Con-
taminants and Pesticides
National Primary Drinking Water
Regulations: Analytical Methods
for Microbial, Lead and Magne-
sium
Federal Government
Title
EPA
TRI; Addition of Oil and Gas Explo-
ration and Production to the Toxic
Release Inventory
NAAQS: Sulfur Dioxide (Response
to Remand)
Environmental Radiation Protection
Standards for Yucca Mountain,
Nevada
Review of the National Ambient Air
Quality Standards for Paniculate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
TSCA Inventory Update Rule
Amendments
Lead; Overview of Rulemakings
Under TSCA Section 402, Lead-
Based Paint Activities for the
Regulatory Plan
Hazardous Waste Identification
Rule (HWIR): Identification and
Listing of Hazardous Wastes
Hazardous Waste Manifest Regula-
tion
Standardized Permit for RCRA Haz-
ardous Waste Management Fa-
cilities
Hazardous Waste Storage and Dis-
posal Regulation Related to Low
Level Mixed Waste; Proposed
Modifications
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic
Long Term 1 Enhanced Surface
Water Treatment/Filter Backwash
Rule
122
123
124
125
126
128
129
130
131
132
133
134
135
136
137
3297
3299
3315
3318
3326
3327
3328
Title
Seq.
No.
Effluent Guidelines and Standards
for the Feedlots Point Source
Category, Swine and Poultry
Subcategories, and NPDES Reg-
ulation for Concentrated Animal
Feeding Operations
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
New Source Review (NSR) Reform
Nonroad Spark-Ignition Engines At
or Below 19 Kilowatts (25 Horse-
power) (Phase 2)
Consolidated Federal Air Rule for
the Synthetic Organic Chemical
Manufacturing Industry
Tier II Light-Duty Vehicle and Light-
Duty Truck Emission Standards
and Gasoline Sulfur Standards
Ground Water and Pesticide Man-
agement Plan
Lead; TSCA Section 403; Identifica-
tion of Dangerous Levels of Lead
TRI; Reporting Threshold Amend-
ment for Certain Persistent and
Bioaccumulative Toxic Chemicals
(PBTs)
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
NPDES Comprehensive Storm
Water Phase II Regulations
Public Water System Public Notifi-
cation Regulation
Total Maximum Daily Load (TMDL)
Program Regulations Revisions
Total Maximum Daily Load (TMDL)
NPDES and WQS Regulations
Revisions
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Cross-Media Electronic Reporting
(ER) and Recordkeepmg Rule
Public Information and Confidential-
ity Regulations
Amendments to Part 22 Consoli-
dated Procedural Rules
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Inspection/Maintenance Recall Re-
quirements
NESHAP: Iron Foundries and Steel
Foundries
3329
3335
3339
3344
3344
3356
3358
3362
3364
3366
3367
3368
3371
3372
3376
3381
3388
3392
3393
3394
Title
NESHAP: Cyanide Chemicals Man-
ufacturing
Requirements for Preparation,
Adoption, and Submittal of State
Implementation Plans (Guideline
on Air Quality Models)
New Source Performance Stand-
ards and Emission Guidelines for
Commercial and Industrial Solid
Waste Incineration Units
NESHAP: Plywood and Composite
Wood Products
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
NESHAP: Miscellaneous Cellulose
Production
NESHAP: Leather Tanning and Fin-
ishing Operations
Transportation Conformity Rule
Amendment: Clarification of Trad-
ing Provisions
Review of Minor New Sources and
Modifications in Indian Country
NESHAP: Organic Liquid Distribu-
tion
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
NESHAP: for Source Category:
Pulp and Paper Production;
Amendments to the Promulgated
Rule
NESHAP: Organic Hazardous Air
Pollutants From the Synthetic Or-
ganic Chemical Industry (SOCMI)
& Other Processes Subject to the
Negotiated Regulation for Equip-
ment Leaks
Technical Change to Dose Meth-
odology for 40 CFR 191, Subpart
A
Control of Emissions of Air Pollution
from New Compression-Ignition
and Spark-Ignition Recreational
Marine Engines
Standards and Guidelines for Small
Municipal Waste Combustion
Units
Area Source Title V Operating Per-
mit Deferrals
Decision on a Petition from the Ter-
ritory of American Samoa to be
Exempted from the Gasoline Anti-
dumping Regulations.
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
-------
19
Federal Government—Cont.
Seq.
No.
Seq.
No.
3395
3396
3398
3401
3404
3406
3407
3408
3409
3411
3412
3413
3418
3425
3426
3430
3438
Title
National Volatile Organic Com-
pound Emission Standard for Ar-
chitectural Coatings; Proposed
Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
Regulation of Fuels and Fuel Addi-
tives: Extension of Reformulated
Gasoline Program to the Kansas
City, KS Former Ozone Non-
attainment Area
Transportation Conformity Amend-
ment: Deletion of Grace Period
Proposed Rule to Amend Subpart
H, 40 CFR Part 61 for Emissions
of Radionuclides Other Than
Radon from DOE Facilities
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
Regulation of Fuels and Fuel Addi-
tives: Reformulated Gasoline Ad-
justment
Proposed Rule to Amend Subpart
H, 40 CFR Part 61 for Emissions
of Radionuclides Other Than
Radon from DOE Facilities
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
Regulation of Fuels and Fuel Addi-
tives: Reformulated Gasoline Ad-
justment
NESHAP: Phosphate Fertilizers
Production
Protection of Stratospheric Ozone:
Supplemental Rule Regarding a
Recycling Standard Under Sec-
tion 608
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Protection of Stratospheric Ozone:
Update of the Substitutes List
Under the Significant New Alter-
natives Policy (SNAP) Program
Addition of Opacity Method to Ap-
pendix M of 40 CFR Part 51
(Method 203)
3439
3442
3445
3451
3453
3455
3459
3465
3467
3476
3478
3483
3488
3489
3490
3493
3494
3495
3496
3498
3499
3500
Title
Seq.
No.
NESHAP: Group I Polymers and
Resins and Group IV Polymers
and Resins and Group IV Poly-
mers and Resins
Findings of Significant Contribution
and Rulemaking on Section 126
Petitions for Purposes of Reduc-
ing Interstate Ozone Transport
Importation of Nonconforming Vehi-
cles; Amendments to Regulations
Hospital/Medical/lnfectious Waste
Incinerators—Federal Plan (Fed-
eral Plan for existing
Hospital/Medical/lnfectious Waste
Incinerators)
NESHAP: Ethylene Oxide Commer-
cial Sterilization and Fumigation
Operations
Federal Plan Requirements for Mu-
nicipal Solid Waste Landfills that
Commenced Construction Prior to
5/30/91 and Have Not Been
Modified or Reconstructed Since
5/30/91
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
Field Citation Program
NESHAP: Lime Manufacturing
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federal Class I Areas
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Alumina Processing
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Ammonium Sulphate
Production (Caprolactam By-
Product)
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Products Minerals
NESHAP: Uranium Hexafluoride
Production
Federal Implementation Plans
(FIPs) To Reduce the Regional
Transport of Ozone in the East-
ern United States
General Conformity Regulations;
Revisions
3504
3506
3507
3509
3511
3512
3514
3516
3518
3520
3524
3525
3527
3529
3534
3536
3537
3538
3541
3543
3545
3548
3549
3550
3551
Title
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
NESHAP:'Brick and Structural Clay
Products
NESHAP: Ceramics
NESHAP: Lightweight Aggregate
Integrated NESHAP and Effluent
Guidelines: Pulp and Paper
NESHAP: Mineral Wool Production
Industry
NESHAP: Phosphoric Acid Manu-
facturing
NESHAP: Wool Fiberglass Manu-
facturing Industry
NESHAP: Polyether Polyols Pro-
duction
NESHAP: Primary Lead Smelters
Supplemental Rule To Require Cer-
tain Products Made With HCFCs
To Bear Warning Label
Acid Rain Program: Continuous
Emission Monitoring (CEM) Rule
Revisions
Transportation Conformity Rule
Amendment and Solicitation for
Participation in the Pilot Program
Generic MACT for Source Cat-
egories (Acrylic Modacrylic Fi-
bers, Polycarbonates, Hydrogen
Fluoride, and Acetal Resins)
Protection of Stratospheric Ozone:
Servicing of Motor Vehicle Air
Conditioners: Standards for
Equipment That Recovers and
Recycles Refrigerants Other
Than CFC-12 and HFC-134a
Air Quality Index Reporting
Electric Arc Furnace NSPS Amend-
ment
Acid Rain Program: Proposed Revi-
sion of Test Method 1, 2, and 2F
for Measuring Volumetric Flow in
Stacks
Acid Ram Program Permits Regula-
tions and SO2 Allowance Sys-
tem: Compliance Determination
Consumer and Commercial Piod-
ucts: Revised Schedule for Regu-
lation
No Backsliding Rule for PM-10
Nonattainment Areas
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
Amendment to National Emission
Standards for Hazardous Air Pol-
lutants: Halogenated Solvent
Cleaning
Coke Oven NESHAP Amendment
Coke Oven NESHAP Amendment
-------
Federal Government—Cont.
Seq.
No.
Seq.
No.
3552
3554
3555
3556
3557
3558
3560
3561
3562
3564
3565
3566
3567
3568
3569
3570
3571
3572
3573
3575
3576
3577
3579
3580
Title
Environmental Radiation Protection
Standards for the Disposal of
Low-Activity Mixed Radioactive
Waste
Pesticides; Procedures for Registra-
tion Review Program
Data Requirements for Pesticide
Registration (Revision)
Endocrine Disrupter Screening Pro-
gram
Data Requirements for Antimicrobial
Registrations
Regulatory Review of Pesticide
Emergency Exemption Regula-
tions
Pesticide Management and Dis-
posal
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Exemptions for Plant Pesticides
Regulated Under FIFRA and
FFDCA
WPS; Pesticide Worker Protection
Standard; Glove Amendment
Tolerances for Pesticide Emergency
Exemptions
Registration of Granular Fertilizer-
Pesticide Combination Products
Policy or Procedures for Notification
to the Agency of Stored Pes-
ticides With Cancelled or Sus-
pended Registration
Registration Requirements for Anti-
microbial Pesticide Products; and
Other Pesticide Regulatory
Changes
Pesticides; Tolerance Processing
Fees
Pesticide Tolerance Reassessment
Program
Exemption of Certain Pesticide
Substances From FIFRA Re-
quirements
Follow-Up Rules on Existing Chemi-
cals
Test Rules; Generic Entry for Pro-
posed Decisions
Test Rule; ATSDR Substances
Children's Health Test Initiative
Asbestos Model Accreditation Plan
Revisions
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Asbestos Worker Protection Rule
Amendments
3581
3583
3584
3585
3588
3592
3594
3595
3597
3599
3601
3602
3603
3604
3605
3606
3607
3609
3610
3611
3612
3618
Title
Seq.
No.
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Test Rule for Certain Metals
TSCA Biotechnology Follow-Up
Rules
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Lead-Based Paint; Notification of
Commencement of Abatement
Activities (Section 402(a))
PCBs; Polychlorinated Biphenyls;
Exemptions From the Prohibitions
Against Manufacturing, Process-
ing, and Distribution in Com-
merce
Test Rules; Generic Entry for Final
Decisions
Acrylamide; Ban on Use of Acryl-
amide for Grouting
PCBs; Polychlorinated Biphenyls
(PCBs) Transformer Reclassifica-
tion Rule
Test Rule; Hazardous Air Pollutants
(HAPs)
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Lead; Regulatory Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Asbestos-Containing Materials in
Schools Rule Amendments
Guidance on Environmentally Pref-
erable Purchasing for Federal
Agencies
Lead-Based Paint; Fees for Accred-
itation and Certification Activities
Section 402(a)(3)
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; Data Expansion Amendments;
Toxic Chemical Release Report-
ing; Community Right-to-Know
3619
3620
3623
3627
3630
3632
3635
3636
3637
3638
3639
3640
3641
3642
3645
3650
3651
Title
TRI; Review of Chemicals on the
Original TRI List
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
Revisions to Solid Waste Landfill
Criteria—Leachate Recirculation
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Identification and Listing of Hazard-
ous Waste; Inorganic Chemical
Industry Wastes; and CERCLA
Hazardous Substance Designa-
tion and Reportable Quantities
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners from Primary Aluminum
Reduction (K088)
Revisions to Guidelines for the
Storage and Collection of Resi-
dential, Commercial, and Institu-
tional Solid Waste
Alternative Land Disposal Restric-
tions Treatment Standards for
Contaminated Soils, Deferral of
PCB's as an Underlying Hazard-
ous Constituent in Soil
Corrective Action for Solid Waste
Management Units (SWMUs) at
Hazardous Waste Management
Facilities
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
Chlorinated Aliphatics Listing Deter-
mination
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
180-Day Accumulation Time Under
RCRA for Generators of F006
Waste Water Treatment Sludges
from the Metal Finishing Industry
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Management of Cement Kiln Dust
(CKD)
-------
21
Federal Government—Cont.
Seq.
No.
Seq
No.
3652
3653
3654
3655
3656
3658
3659
3661
3662
3667
3669
3670
3671
3672
3673
3674
3678
3679
3680
Title
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
RCRA Reporting and Record-
keeping Burden Reduction
Suspension of Temporary Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Proposed Regulatory Amendments
on Recycling of Hazardous
Wastes in Fertilizers
Hazardous Waste Management
System; Modification of the Haz-
ardous Waste Program; Hazard-
ous Waste Lamps
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions;
Revision of 40 CFR Part 35 Sub-
part O
Grants for Technical Assistance
Rule Reform—40 CFR Part 35
Subpart M
Water Quality Standards for Indian
Country Waters
Standards for the Use or Disposal
of Sewage Sludge (Round II)
Minimizing Adverse Environmental
Impact from Cooling Water Intake
Structures Under Section 316(b)
of the Clean Water Act
Amendments to Round I Final Sew-
age Sludge Use or Disposal Rule
—Phase Two
Water Quality Standards Regulation
— Revision
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Revisions to Effluent Guidelines
and Standards for the Coal Min-
ing Point Source Category
Amend the Final Water Quality
Guidance for the Great Lakes
System to Prohibit Mixing Zone
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
3682
3683
3684
3685
3686
3687
3688
3689
3692
3693
3694
3695
3697
3698
3699
3700
3702
3704
3705
Title
Seq.
No.
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
Effluent Guidelines and Standards
for the Transportation Equipment
Cleaning Category
Comparison of Dredged Material to
Reference Sediment
Effluent Guidelines and Standards
for Landfills
Establishment of Numeric Criteria
for Priority Toxic Pollutants for
the State of California
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
NPDES Streamlining Rule —
Round II
Guidelines Establishing Test Proce-
dures for the Analysis of Cyanide
Under the Clean Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase One
Effluent Guidelines and Standards
for Industrial Waste Combustors
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category; Monitoring
Amendment
Water Quality Standards for Ala-
bama—Phase I
Water Quality Standards; Establish-
ment of Numeric Criteria for Pri-
ority Toxic Pollutants; States'
Compliance — Revision of Poly-
chlorinated Biphenyls (PCBs) Cri-
teria
EPA Review and Approval of State
and Tribal Water Quality Stand-
ards
Recognition Awards Under the
Clean Water Act
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
3706
3707
3708
3709
3710
3711
3712
3713
3714
3715
3716
3717
3718
3719
3721
3722
3723
Title
Guidelines Establishing Whole Ef-
fluent Toxicity West Coast Test
Procedures for the Analysis of
Pollutants Under the Clean Water
Act
Water Quality Standards; Establish-
ment of Numeric Criteria for Pri-
ority Toxic Pollutants; States'
Compliance
Guidelines Establishing Test Proce-
dures for the Analysis of Trace
Metals Under the Clean Water
Act
NPDES Streamlining Rule —
Round III
Effluent Guidelines and Standards
for Iron and Steel Manufacturing
Point Source Category
Selenium Criterion Maximum Con-
centration for Water Quality Guid-
ance for the Great Lakes System
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Guidelines Establishing Test Proce-
dures for the Analysis of Mis-
cellaneous Metals, Anions, and
Volatile Organics Under the
Clean Water Act, Phase Two
Revisions to Effluent Guidelines
and Standards for Synthetic-
Based Drilling Fluids in the Oil
and Gas Extraction Point Source
Category
Water Quality Standards for Ala-
bama—Phase II
Uniform National Discharge Stand-
ards for Vessels of the Armed
Forces - Phase II
Effluent Guidelines for the Con-
struction and Development Indus-
try
NPDES Wastewater Permit Applica-
tion Forms and Regulatory Revi-
sions for Municipal Discharges
and Sewage Sludge Use or Dis-
posal
Amendments to Round I Final Sew-
age Sludge Use or Disposal
Rule—Phase One
Guidelines Establishing Oil and
Grease Test Procedures for the
Analysis of Pollutants Under the
Clean Water Act
Streamlining 301 (h) Waiver Re-
newal Requirements
-------
22
Federal Government—Cont.
Seq.
No.
Seq.
No.
3724
3725
3726
3732
3733
3734
Title
Uniform National Discharge Stand-
ards for Armed Forces Vessels—
Phase I
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category; Incentives
Amendment
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
Revisions to the Underground Injec-
tion Control Regulations for Class
V Injection Wells
National Primary Drinking Water
Regulations: Lead and Copper
3736
3737
3741
3742
3743
3744
Title
Seq.
No.
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary and Secondary
Drinking Water Regulations: Ana-
lytical Methods for Chemical and
Microbiological Contaminants and
Revisions to Laboratory Certifi-
cation Requirements
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Standards for Aldicarb
Streamlining Drinking Water Mon-
itoring Requirements
3745
3746
3747
3748
3749
3750
3751
Title
Long Term 2 Enhanced Surface
Water Treatment Rule
Stage 2 Disinfectants/Disinfection
Byproducts Rule
Drinking Water Unregulated Con-
taminant Monitoring Program
Filter Backwash Recycling Regula-
tion
National Primary and Secondary
Drinking Water Regulations: Ana-
lytic Methods for Organic, Inor-
ganic and Microbiological Con-
taminants and Pesticides
National Primary Drinking Water
Regulations: Analytical Methods
for Microbial, Lead and Magne-
sium
Revisions to Ocean Dumping Regu-
lations for Dredged Material
-------
23
E. SUBJECT INDEX TO THE UNIFIED AGENDA
Administrative practice and procedure:
See also Claims
Environmental impact statements
Equal access to justice
Freedom of information
Privacy
Sunshine Act
EPA 3560, 3567
Rulemaking:
EPA 3544
Agriculture:
See also Agricultural commodities
Agricultural research
Fertilizers
Food assistance programs
Foods
Forests and forest products
Irrigation
Migrant labor
Pesticides and pests
Range management
Rural areas
Worker protection standards 3564
Air pollution control:
See also Motor vehicle pollution
Acid rain:
Allowance allocations 3525, 3541
Acid Rain Program:
Permits regulations 3541
Acrylic/modacrylic fiber manufacturing 3521
Aerospace industry 3402, 3526
Agricultural chemicals 3519
Air quality modeling 3335
Air quality resources:
Class I area designations 3483
Air quality standards 103, 3385
Air storage tanks 3532
Aluminum industry 3420
Asphalt roofing and processing 3350
Baker's yeast manufacturing industry 3469
Boat manufacturing industry 3342
Boilers 106
Carbon monoxide 3385
Chemicals 128, 3332, 3333
Chlorofluorocarbons (CFCs) 3534
Chromium emissions 3324, 3475
Clean Air Act 108, 3339, 3389, 3399, 3425, 3426, 3437, 3500,
3512
Consumer products 3380, 3543
Copper smelters 3419
Cyanide chemical manufacturing 3329
Dioxin emission measurement 3334
Dry cleaners 3472
Electric arc furnaces 3537
Emergency episode requirements 3504
Emission control diagnostic systems 3431
Emission standards:
Coke ovens 3356, 3357, 3358, 3364, 3368, 3460, 3485, 3488,
3531, 3550, 3551
Halogenated solvents 3465, 3485, 3531, 3548, 3549
Hydrogen fluoride production 3356, 3357, 3358, 3364, 3485,
3486, 3488, 3530, 3531
New marine engines 3356, 3357, 3358, 3364, 3381, 3449,
3485, 3486, 3488, 3531
Non-road spark-ignition engines 3378, 3531
Permit requirements 3356, 3357, 3358, 3364, 3452, 3485,
3486, 3488, 3531, 3547
Air pollution control—Continued
Emission standards—Continued
Potential to emit 3356, 3357, 3358, 3377, 3485, 3488, 3531
Semiconductor facilities 3356, 3357, 3358, 3364, 3479, 3485,
3486, 3488, 3531
Emissions monitoring program 3360, 3363, 3365, 3432, 3433,
3438, 3525, 3533
Emissions reporting 3361
Emissions trades 3362
Ethylene processing 3345, 3453
Fabric printing, coating and dyeing industry 3480
Ferroalloy industry 3523
Fugitive emissions 3489
Gas turbines 3351
General provisions amendments 3336
Glycol ethers 3446
Halons 3382
Hazardous air pollutants 106, 126, 3331, 3332, 3333, 3333,
3342, 3343, 3344, 3345, 3346, 3347, 3348, 3349, 3350,
3351, 3356, 3357, 3358, 3359, 3360, 3366, 3399, 3402,
3420, 3439, 3470, 3472, 3473, 3474, 3475, 3476, 3485,
3486, 3487, 3488, 3511, 3513, 3516, 3517, 3518, 3519,
3520, 3521, 3522, 3526, 3533, 3599
Hazardous air pollutants source categories 3487, 3529
Hazardous waste combustion facilities 3647
Highway diesel fuel quality 3544
Hospital/medical/infectious waste incinerators 3451
HCFC allowance distribution system 3369
Indian reservations 3429
Inspection/maintenance programs 3327, 3407, 3412, 3458
Internal combustion engines 3349
Iron and steel industry 3328, 3330
Large appliance coating industry 3346
Lead smelters 3520
Lime manufacturing industry 3476
Measurement regulation 3334
Metal parts and products coating industry 3347, 3353, 3354,
3473
Methyl bromide 3383, 3384
Mineral wool production industry standards 3512
Municipal landfills 3357, 3455
Municipal waste combustion units 3388
MACT standards 3356, 3357, 3359, 3366, 3452, 3479, 3485,
3486, 3488, 3529, 3530, 3547
National Strategy for Urban Area Sources of Toxic Air
Emissions 3533
Navajo nation lands 3427
New source performance standards 3471
New source review 125
New stationary sources 3364, 3433
No backsliding rule for nonattainment areas 3545
Non-metallic minerals processing 3355
NESHAP:
Alumina processing 3490
Asphalt/coal tar application 3495
Carbon black 3359, 3370
Cellulose production 3356
Chemical recovery combustion sources 3501
Chromium electroplating 3441
Chromium emissions 3324
Clay products manufacturing 3496, 3506
Elastomers 3439
Ethylene oxide commercial sterilization and fumigation
operations 3453, 3459
Fabric printing, coating and dyeing industry 3480
Fumed silica production 3491
Hydrochloric acid production 3493
Hydrogen chloride production 3497
-------
Air pollution control—Continued
NESHAP—Continued
Iron and steel industry 3492
Leather tanning 3358
Magnetic tape manufacturing 3535
Metal parts and products coating industry 3353, 3354
Metal pipes 3495
Natural gas production 3447
Non-metallic minerals processing 3355
Off-site waste and recovery operations 3443
Oil production 3447
Organic liquids 3366
Polyurethane foam production 3488
Polyvinyl chloride production 3373
Predictive emission monitoring 3374
Process heaters 3502
Pulp and paper production 3371, 3501
Site remediation 3485
Spandex 3486
Synthetic organic chemical manufacturing industry 3372
Thermoplastics 3439
Uranium hexafluoride production 3498
Vegetable oil production , 3360
Wet-formed fiberglass mat production 3375
Opacity measurement of emissions 3428, 3438
Operating permits:
Indian reservations 104, 3478, 3528
Ozone 127, 3341, 3346, 3347, 3348, 3425, 3426, 3430, 3473,
3474, 3526
Ozone and ozone precursors:
National ambient air quality standards 3367, 3405, 3410
Pollutant standards index 3536
Significant harm level programs 3536
Transport 3442, 3461, 3499
Paint stripper users 3470
Paper, film and foil coating industry 3348
Particulate matter 107, 127, 3546
Penalties for violations 3467
Petroleum refineries 3423, 3513
Phosphate fertilizer production 3418
Phosphoric acid manufacturing 3514
Plastic composites manufacturing 3331
Plastic parts industry 3474
Plywood and particle board manufacturing 3344
Polycarbonates 3522
Polyether polyol production 3518
Polymers and resins 3417
Portland cement manufacturing 3517
Power plants 3538
Process heaters 106, 3502
Publically owned treatment works study 3422
Pulp and paper mills 3511
PCB manufacturing 3592
Sewage sludge incinerators 3435
Shipbuilding industry 3526
Solid waste incinerators 3471
State implementation plans 125, 127, 3427, 3436, 3527
Steel pickling processes 3515
Stratospheric ozone protection 3369, 3382, 3383, 3384, 3444,
3503, 3540
Sulfur oxides 103
Synthetic organic chemicals manufacturing 3421
Test rules 3538
Tire manufacturing 3343
Transportation Conformity Pilot Program 3539
Volatile organic compounds 3346, 3347, 3348, 3387, 3394,
3395, 3402, 3421, 3464, 3466, 3473, 3474, 3481, 3482,
3484, 3526
Waste incinerators performance standards 3339
Wood furniture industry 3484, 3526
Wool fiberglass manufacturing industry 3516
Aircraft:
Rocket engines 3487
Antidumping:
Reformulated gasoline program requirements:
Compliance baseline modification 3542
Asbestos:
Model accreditation plan 3577
Authority delegations:
EPA revisions 3436
B
Bankruptcy:
RCRA financial responsibility 3639
Buildings:
See also Federal buildings and facilities
Asbestos 3577
Business and industry:
See also Accounting
Advertising
Antitrust
Bankruptcy
Competitiveness
Concessions
Confidential business information
Holding companies
Indians-business and finance
Labeling
Labor
Minority businesses
Packaging and containers
Relocation assistance
Small businesses
specific industries
Taxes
Trade adjustment assistance
Trade names
Trade practices
Trademarks
Warranties
Acrylic/modacrylic fiber manufacturing:
Air pollution control 3521
Aerospace industry:
Air pollution control 3526
Aluminum industry:
Air pollution control 3420
Asphalt roofing and processing industry:
Air pollution control 3350
Baker's yeast manufacturing:
Air pollution control 3469
Boat manufacturing industry:
Air pollution control 3342
Cellulose manufacturing 3356
Cement manufacturing:
Air pollution control 3517
Chemicals:
Air pollution control 3332, 3333, 3421, 3519
Control of PMNs 3593
Hazardous wastes listing 3640, 3641
Manufacture 110, 128, 3572, 3589, 3590, 3591
Pollution standards 3592
Fob/chlorinated biphenyls 3602
Dry cleaning:
Air pollution control 3472
Effluent guidelines 3720
Effluent guidelines 3666, 3683, 3685, 3704, 3710, 3720
Ethylene processing:
Air pollution control 3345, 3453
EPA operating permits 104
Ferroalloy industry:
Air pollution control 3523
Friction products 3477
Industrial disposal wells 3733
Industrial laundries:
Effluent guidelines 3720
Iron manufacturing:
Effluent guidelines 3710
-------
Business and industry—Continued
Large appliance coating industry:
Air pollution control 3346
Leather tanning and finishing 3358
Lime manufacturing industry:
Air pollution control 3476
Metal finishing industry:
Water pollution control 3645
Metal parts and products coating industry:
Air pollution control 3347, 3473
Motor vehicle manufacturing:
Air pollution control 3431, 3481
Emission standards 126, 3531
National Pollutant Discharge Elimination System permits
3705
Paint manufacturing:
Hazardous waste management 3650
Paper, film and foil coating industry:
Air pollution control 3348
Plastic parts industry:
Air pollution control 3474
Plywood and particle board manufacturing:
Air pollution control 3344
Polyether polyol production:
Air pollution control 3518
Polyurethane foam production:
Air pollution control 3488
Printing/publishing 3396, 3482
Pulp, paper and paperboard 3501, 3511
Spandex 3486
Steel manufacturing:
Effluent guidelines 3710
Tires:
Manufacture 3343, 3359
Transportation equipment cleaning:
Effluent guidelines 3683
Vegetable oil production 3360
Wood furniture industry:
Air pollution control 3526
Wool fiberglass manufacturing:
Air pollution control 3516
Cancer:
Carcinogen risk assessment 3314
Chemicals:
See also Drugs
Fertilizers
Hazardous substances
Pesticides and pests
specific chemicals
Acrylamide 3595
Air pollution control 128, 3421
Arsenic in drinking water 119
Assessment information rule 3590
Chemical inventory reporting 3615
Drinking water regulations 3743
Endocrine Disrupter Screening and Testing Program 3556
Health and safety reporting rule 3591
High-production-volume (HPV) chemicals 3585
New use rules for PMNs 3593
Ozone depleting:
Halons 3382
Methyl bromide 3383, 3384
Refrigerant recycling 3425, 3426, 3534
Sales restrictions 3341
Substitutes 3430
Transshipment provision 3503
Polychlorinated biphenyls 3592, 3602, 3699
Polymers and resins 3439
Right-to-Know initiative 112
Screening Information Data Set (SIDS) 3585
Test rules 3573, 3576, 3594, 3596, 3601
Toxic substances 3572, 3609, 3634
Chemicals—Continued
Toxic substances in new chemicals 3589
Toxicity profiles 3575
Toxics Release Inventory 3610, 3611
Coal 3612
Lead 133
Otherwise use activity exemptions 3612
Use inventory rule 110
Coal:
Toxics Release Inventory 3612
Coastal zone:
See also Continental shelf
Flood plains
Seashores
Biological test methods for pollutants 3706
Waste deposit prevention 3752
Computer technology:
Electronic records 3299
Confidential business information:
EPA regulations 3315
Consumer protection:
See also Labeling
Trade practices
Truth in lending
Lead-based paint Ill, 131, 3588
Copper:
Drinking water regulations 3734
Debarment and suspension:
EPA changes
,.3303
Electric power plants:
Emissions 3538
Electronic funds transfers:
Federal agency disbursements 3312
Energy:
See also Coal
Electric power
Energy conservation
Fuel economy
Geothermal energy
Natural gas
Nuclear energy
Petroleum
Pipelines
Solar energy
Alternative fuels 3440
Fluorescent lamps exemption from Hazardous Waste
Management 3656
Wastes from fossil fuel combustion 3621
Environmental impact statements:
Antarctic impact assessment 3316
Environmental protection:
See also Air pollution control
Environmental impact statements
Natural resources
Noise control
Pesticides and pests
Reclamation
Waste treatment and disposal
Water pollution control
Acquisition regulation:
Informal clauses 3305
Antarctic Treaty 3316
Chemicals 110, 3576, 3585, 3596
Class deviations incorporation into EPAAR 3301
Coastal waste deposit prevention 3752
Cooperative agreements and Superfund state contracts 3661
Cross-media electronic reporting and recordkeeping rule
3299
Designation of hazardous substances under CERCLA 3665
EPA acquisition regulations 3303
-------
Environmental protection—Continued
Grant programs 123
National Environmental Policy Act > 3300
Pesticides 3555, 3558
Protocol on Environmental Protection 3316
Radiological Emergency Response Plan 3454
Toxics Release Inventory:
Coal 3612
Lead 133
Otherwise use activity exemptions 3612
Exports:
Chemicals 3601
Foods:
See also Animal foods
Bakery products
Beverages
Cacao
Cereals (food)
Dairy products
Dietary foods
Fish
Food additives
Food assistance programs
Food grades and standards
Food labeling
Food packaging
Frozen foods
Fruits
Meat and meat products
Nutrition
Nuts
Oil and fats
Poultry and poultry products
Seafood
specific foods
Sugar
Vegetables
Pesticide residues 3570
Foreign relations:
See also Citizenship and naturalization
Cultural exchange programs
Foreign aid
Foreign claims
Foreign Service
Foreign trade
Immigration
International boundaries
Passports and visas
specific countries
Treaties
Organization for Economic Cooperation and Development
(OECD) 3585
Foreign trade:
See also Competitiveness
Customs duties and inspection
Exports
Fairs and expositions
Imports
Maritime carriers
Trade adjustment assistance
Trade agreements
Motor vehicles 3468
Freedom of information:
See also Confidential business information
Chemical inventory reporting 3615
Electronic Freedom of Information Act 3298
EPA 3298
Fuel additives:
Oxygenated 3587
Fuel economy:
Light trucks and light duty vehicles 3365
Government contracts:
See also Government procurement
Contractors:
Local hiring and training 3313
Performance evaluations 3321
Debarment and suspension 3303
EPA acquisition regulations 3303
EPA protest solicitation notification 3319
EPA Mentor-Protege Program 3302
Negotiation 3320
Penalty payments 3318
Government procurement:
See also Government contracts
Acquisition regulations:
EPA protest solicitation notification 3319
Quality of environmental data 3309
Contractors:
Local hiring and training 3313
Performance evaluations 3321
Contracts:
Incrementally funding fixed price contracts 3304
Negotiation 3320
Personal services 3322
Environmentally preferable products 3606
EPA acquisition regulation:
Informal clauses 3305
Level of effort 3317
Protests 3319
Recycled products 3642
Small, minority, and women's business utilization 3297
Grant programs-environmental protection:
Cooperative agreements and Superfund state contracts 3661
Drinking Water State Revolving Fund 3739
EPA technical assistance grants 3662
Performance Partnership Grants 123, 124
H
Hazardous materials transportation:
See also Pipeline safety
Hazardous Waste Manifest rule 114
Mercury-containing and rechargeable batteries 3652
Hazardous substances:
See also Explosives
Flammable materials
Hazardous materials transportation
Hazardous waste
Poison prevention
Radioactive materials
Air pollutants 106, 126, 3324, 3328, 3329, 3330, 3331, 3332,
3342, 3343, 3344, 3345, 3346, 3347, 3348, 3349, 3350,
3351, 3353, 3354, 3355, 3356, 3357, 3358, 3359, 3360,
3366, 3399, 3402, 3403, 3417, 3418, 3419, 3420, 3422,
3423, 3435, 3439, 3469, 3470, 3471, 3472, 3473, 3474,
3475, 3476, 3477, 3480, 3481, 3484, 3485, 3486, 3488,
3511, 3512, 3513, 3514, 3515, 3516, 3517, 3518, 3519,
3520, 3521, 3522, 3523, 3526, 3529, 3533, 3599
Aluminum:
Spent potliners from primary reduction 3635
Asbestos 3577, 3580, 3605
Carcinogen risk assessment 3314
Chemical test rules 3594, 3599, 3601
Chemicals:
Import of toxic chemicals 3575, 3609, 3618
Chromium 3475
Designation under CERCLA 3665
Drinking water regulations 3732, 3750
Drinking water testing methods 3749
Environmentally preferable products guidelines 3606
Ethylene oxide 3459
Extremely Hazardous Substances List 3616, 3617
Federally permitted releases 3663
Glycol ethers 3446
Isocyanates 3437, 3617
-------
Hazardous substances—Continued
Lead Ill, 131, 3520, 3579, 3581, 3588, 3607, 3734
Mercury-containing and rechargeable batteries 3652
Metals 3583
Method 24 amendment 3338
Microorganisms 3584
Ozone depleting substances 3503
Pesticides 3561, 3565, 3568, 3574
Emergency exemption regulations 3558, 3565
EPA consolidation of GLPS regulations 3308, 3565
Field testing 3565
Produced by transgenic plants 3561, 3562, 3565, 3574
Worker protection standards 3564, 3565
Polychlorinated biphenyls 3597
Radon 117
Reporting and recordkeeping requirements 3600
Sulfur oxides 103
Surface coatings 3338
Toxicological profiles:
Metals 3583
Toxics Release Inventory:
Chemicals 102, 132, 3610, 3611, 3618, 3619
Coal 3612
Lead 133
Otherwise use activity exemptions 3612
Water pollution control 3686, 3689, 3708
Hazardous waste:
Carbamates 3660
Cathode ray tubes 3632
Cement kiln dust 3651
Cleanups 3662
Disposal facilities:
Combustion facilities 3647
Low level mixed waste 116
Radioactive waste 3552
Effluent limitation guidelines 3666, 3682
Groundwater contamination 3485, 3733
Hospital/medical/infectious waste incinerators 3451
Identification and listing 113, 3630, 3649, 3650
Land disposal:
Restrictions 3633, 3648
Spent potliners from primary aluminum reduction 3635
Lead 3604
Lead-based paint debris 3654
Manifest regulations 114
Mercury 3633
Paint manufacturing 3650
Permit program 115
Polychlorinated biphenyls 3644
Radioactive waste:
Dose methodology 3376
Yucca Mountain, NV 105
Recycled used oil 3644, 3649
Recycling 3632
Recycling in fertilizers 3655
Silver-bearing waste 3643
Solid waste 3623, 3636
Solvents 3631
Spent solvents 3649
Toxic waste site 3575
Toxicity characteristic rule 3646
Treatment and disposal:
Fluorescent lamps 3656
Triarylmethane dye and pigments 3640
Uncontrolled sites on the NPL 3659
Household appliances:
Surface coating of large appliance products and parts 3346
Housing:
See also Condominiums
Fair housing
Home improvement
Homeless
Housing standards
Low and moderate income' housing
Manufactured homes
Mortgage insurance
Mortgages
Public housing
Relocation assistance
Lead-based paint
,.3604
I
Imports:
See also Antidumping
Countervailing duties
Customs duties and inspection
Oil imports
Trade adjustment assistance
Chemicals:
Blanket certifications 3572, 3590, 3591
Control of PMN chemicals 3593
Motor vehicles 3445
Ozone-depleting substances 3540
Indians-lands:
Air pollution control implementation 3427, 3429, 3483, 3528
EPA new source reviews 3364
Municipal solid waste landfills 3455
Water pollution control requirements 3700, 3736
Indians-tribal government:
Performance Partnership Grants 124
Infants and children:
See also Adoption and foster care
Aid to Families with Dependent Children
Child welfare
Youth
Lead poisoning Ill, 131, 3588, 3607
Sulfate in drinking water 3742
Intergovernmental relations:
See also Grant programs
Revenue sharing
Air pollution control implementation...104, 125, 127, 3427, 3436,
3527
EPA effluent guidelines and standards 3690
EPA water monitoring requirements 3744
EPA water quality standards 3708
EPA water regulations streamlining 3709
EPA Hazardous Waste Manifest rule 114
EPA State implementation plans (SIPs) 3438
EPA-California water quality standards 3686
Nuclear accident protection 3553
Performance Partnership Grants 123, 124
Water supply 3736
Labeling:
See also Food labeling
Packaging and containers
HCFCs 3524
Pesticides 3561
Laboratories:
EPA consolidation of GLPS regulations 3308
Lead poisoning:
Hazard abatement Ill
Paint Ill, 131, 3579, 3581, 3588, 3607
Reducing lead consumption and use 3603
Lead Poisoning:
Paint 3604
-------
M
Marine resources:
See also Fisheries
Criteria for water quality 3711
Metals:
Emission standards for ferroalloy industry 3523
EPA trace metal analysis 3708
High temperature metal recovery residues 3648
Waste water treatment sludges from metal finishing 3645
Mines:
See also Mine safety and health
Miners
Reclamation
Surface mining
Underground mining
Water pollution control 3678
Motor vehicle pollution:
After-market conversion entities certification 3448
Emissions standards 126, 129, 3379
Emissions testing 3468
Gasoline:
Reformulated 3398, 3413, 3542
Highway diesel fuel quality 3544
Imported vehicles emissions standards 3445
Inspection/maintenance programs 3326, 3458
Low emission vehicles program 3440
Original equipment manufacturers certification 3448
Motor vehicles:
See also Buses
Fuel economy
Motor carriers
Motor vehicle safety
Traffic regulations
Air conditioning system 3534
Alternatively fueled vehicles 3440
Imports 3445
Light trucks 3363
N
Natural gas:
See also Oil and gas exploration
Oil and gas reserves
Pipelines
Reformulated gasoline 3542
Nuclear power plants and reactors:
Emissions 3538
Oil and gas exploration:
Addition to Toxics Release Inventory 102
Oil pollution:
Prevention 3658, 3703
Packaging and containers:
See also Food packaging
Labeling
Printing materials control guidelines 3380
Penalties:
See also Seizures and forfeitures
Air pollution control 3467
Pesticides and pests:
See also Plant diseases and pests
Antimicrobial pesticides 3557, 3565, 3568
Canceled or suspended 3560, 3567
Data requirements 3555
Disposal and storage guidelines 3560, 3561, 3567
Drinking water testing methods 3749
Emergency exemption regulations 3558
Endocrine Disrupter Screening and Testing Program 3556
FIFRA exemptions 3559, 3571
Groundwater protection 130
Negotiated consent/procedural test rule 3574
Pesticides and pests—Continued
Pesticide tolerance reassessment program 3570
Pesticide-treated seeds 3559
Registration review program 3554
Residue in agricultural products:
Emergency exemptions 3565
Scientific research 3308
Storage and disposal 3560, 3561, 3567
Tolerance fees 3569
Transgenic plants 3562
Worker protection standards 3564
Petroleum:
See also Fuel additives
Gasoline
Oil and gas exploration
Oil and gas reserves
Oil imports
Oil pollution
Oils and fats
Petroleum allocation
Petroleum price regulations
Pipelines
Air pollution from petroleum solvent dry cleaners 3472
Air pollution from production facilities 3513
Refineries 3423
Toxicity characteristic rule 3646
Plastics materials and synthetics:
Air pollution control regulations 3331
Public health:
See also Immunization
Meat inspection
Waste treatment and disposal
Air pollution effects 3599
Carcinogen risk assessment 3314
Radiological Emergency Response Plan 3454
Water contamination 118, 120, 3556
Radiation protection:
See also Radioactive materials
Dose methodology 3376
Drinking water 3553
Radiological Emergency Response Plan 3454
Yucca Mountain, NV 105
Recycling:
Cathode ray tubes 3632
Government purchase of recovered materials 3642
Refrigerant 3425, 3426, 3534
Reporting and recordkeeping requirements:
Carbamates 3660
Chemical inventory reporting 110, 3615
EPA 3301
Cross-media electronic reporting and recordkeeping rule
3299
Emissions reporting requirements 3361
Hazardous material releases 3663
Hazardous substances 3600
Information collection requests 3653
NPDES permittee reporting 3675
Ozone-depleting substances importation 3540
Pesticides 3308, 3567
RCRA 3653
Toxic chemical test rules 3601
Toxics Release Inventory ....102, 132, 133, 3610, 3611, 3612, 3619
Research:
See also Agricultural research
Educational research
Human research subjects
Medical research
Biotechnology 3584
EPA consolidation of GLPS regulations 3308
-------
Schools:
See also Colleges and universities
Educational facilities
Private schools
School construction
Asbestos 3580, 3605
Asbestos model accreditation plan 3577
Seeds:
Pesticide-treated 3559
Sewage disposal:
Incinerator emissions standards 3435
Sewer collection systems 3673
Sludge use and disposal 3669, 3671, 3721
Shipbuilding industry:
Air pollution control 3526
Superfund:
Claims application streamlining 3664
Cooperative agreements and state contracts 3661
Grants for technical assistance 3662
Reportable quantity adjustments for carbamates 3660
Technical assistance:
Environmental Protection Agency grants 3662
Transportation:
See also Air transportation
Bridges
Common carriers
Freight
Highways and roads
Intermodal transportation
Mass transportation
Noise control
Pipelines
Railroads
Space transportation and exploration
Vessels
Air pollution control conformity 108, 3401, 3527
Environmental review 3362
Transportation Conformity Pilot Program 3539
Transshipment of ozone depleting substances 3503
Water pollution control 3703
Treaties:
See also Tax treaties
Trade agreements
Antarctic Treaty 3316
Montreal Protocol 3383, 3384, 3540
Vessels:
See also Anchorage grounds
Cargo vessels
Fishing vessels
Marine safety
Maritime carriers
Navigation (water)
Nuclear vessels
Oceanographic research vessels
Oil Pollutions
Passenger vessels
Armed forces vessels:
Uniform national discharge standards 3724
Emissions standards for new marine engines 3381
W
Waste treatment and disposal:
See also Hazardous waste
Recycling
Sewage disposal
Armed forces vessels 3724
Effluent guidelines 3666, 3682, 3685, 3695, 3713, 3725
Financial test criteria 3639
Waste treatment and disposal—Continued
Fossil fuel combustion wastes 3621
Iron and steel manufacturing 3710
Land disposal:
Restrictions 3622, 3635, 3637, 3648
Lead-based paint debris 3654
Metal machinery and equipment wastewater 3704
Municipal waste combustion units 3388
Ocean dumping 3751
Permit applications 3705, 3719
Radioactive waste 105
Recoverable metals criteria 3707
Recycling of hazardous waste in fertilizers 3655
Sewer grouting 3595
Shore Protection Act 3752
Sludges from metal finishing industry 3645
Solid waste disposal:
Guideline revisions 3623, 3636
Landfill criteria 3623, 3624
Landfills and incinerators 3451, 3455, 3471, 3685
Municipal landfills 3357, 3657
Physical/chemical evaluation methods 3627
Streamlining regulations 3688
Toxics Release Inventory 3618
Underground storage tanks:
Toxicity characteristic rule 3646
Uniform national discharge standards 3724
Water pollution control:
See also Oil pollution
Waste treatment and disposal
Biological test methods 3706
Clean Water Act 3668, 3684, 3689, 3706, 3707, 3708, 3722,
3723
Test procedures 3668, 3680, 3692, 3693, 3694, 3706, 3708,
3714
Cyanide criteria 3689
Effluent guidelines:
Animal feeding operations 121, 122
Coalmining 3678
Industrial waste combustors 3695
Industrial wastewater 3456, 3704, 3720
Iron and steel manufacturing 3710
Landfills and incinerators 3685
Mining 3727
Oil and gas extraction 3715
Pulp, paper and paperboard 3501, 3511, 3697, 3713, 3725
Regulations reformatting 3690
Transportation equipment cleaning 3683
Great Lakes 3679, 3711
Marine pollution:
Facility response plans for vegetable oils and animal fats
3703
Ocean dumping 3751
Microbiological test methods 3680, 3749, 3750
NPDES permits 3673, 3709
NPDES permittee reporting 3675
Oil and grease test procedures 3722
Permit applications 3705, 3719
Pretreatment regulations 3687
Publicly owned treatment works renewal process 3723
Radon 117
Recoverable metals criteria 3707
Sewer collection systems 3673
Sludge management programs 3641, 3645, 3669, 3721
Stormwater runoff 134
Test procedures for the analysis of pollutants 3674, 3712, 3726
Total maximum daily loads 136, 137
Trace metals criteria 3708
Water quality standards 3672, 3686, 3692, 3693, 3694, 3699
Alabama 3698, 3716
Criteria for acute aquatic life 3672, 3692, 3693, 3694, 3699,
3711
Mixing zone elimination and phase-out provision 3679
State and tribal standards 3700
-------
30
Water resources:
See also Water bank program
Water supply
Watersheds
Best technology available for cooling water intake
structures 3670
Water supply:
See also Dams
Irrigation
Reservoirs
Carcinogen risk assessment 3314
Drinking water:
Aldicarb and atrazine 3743
Arsenic 119
Contaminant level goals (MCLGs) 3736
Contaminants 117, 120, 3553, 3680, 3732, 3737, 3749, 3750
Copper 3734
Disinfectants 118, 3741, 3746
Endocrine Disrupter Screening and Testing Program 3556
Filter backwash recycling 3748
Water supply—Continued
Drinking water—Continued
Injection wells 3733
Lead 3734
Monitoring requirements 3744
Oxygenated fuel additives 3587
Public notification requirements 135
Radionuclides 3736
Regulations reformatting 3735
State revolving fund 3739
Sulfate 3742
Unregulated contaminant monitoring program 3747
Groundwater protection 130
Waterways:
See also Bridges
Harbors
Rivers
Facility response plans for vegetable oils and animal fats
3703
------- |