Monday,
May 16, 2005
Part XXIV
Environmental
Protection Agency
Semiannual Regulatory Agenda
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL 7882-3
Spring 2005 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda to update the public
about:
• CRegulations and major policies
currently under development,
• CReviews of existing regulations and
major policies, and
• CRegulations and major policies
completed or canceled since the last
Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to subscribe,
please send an e-mail with your name
and address to: ncepimal@one.net, or
call 800-490-9198. There is no charge
for single copies of the agenda.
FOR FURTHER INFORMATION CONTACT:
If you have questions or comments
about a particular action, please get in
touch with the agency contact listed in
each agenda entry. If you have general
questions about or suggestions for
improving the agenda or questions
about EPA's decisionmaking process,
please contact: Phil Schwartz (1803A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202)564_6564;
e mail: schwartz.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. What Are EPA's Goals in
Developing Regulations and Policies
and What Key Principles, Statutes, and
Executive Orders Drive Our Rule- and
Policymaking Process?
B. How Can You Be Involved in
EPA's Rule- and Policymaking Process?
C. What Actions Are Included in
the Agenda and What Is the
Relationship Between the Agenda and
Regulatory Plan?
D. How Is the Agenda Organized?
E. What Information Is in Agenda
Entries?
F. How Can You Find Out More
About EPA Rulemakings?
G. What Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
A. What Are EPA's Goals in Developing
Regulations and Policies and What Key
Principles, Statutes, and Executive
Orders Drive Our Rule- and
Policymaking Process?
Our primary objective is to protect
human health and the environment. To
achieve this objective and ensure that
our decisions are cost-effective and
protective, we conduct high quality
scientific, economic, and policy
analyses. These analyses are planned
and initiated at early stages in the
regulatory development process, so that
Agency decisionmakers are well
informed of the qualitative and
quantitative benefits and costs as they
select among alternative approaches. It
is also important that we continue to
apply new and improved methods to
protect the environment, such as:
building flexibility into regulations from
the very beginning, creating strong
partnerships with the regulated
community, vigorously engaging in
public outreach and involvement, and
using effective nonregulatory
approaches. Research, testing and
adoption of new environmental
protection methods are also central
tenets in environmental problem
solving. The integration of all these
elements via a well managed regulatory
development process and a strong
commitment to innovative solutions
will ensure that we all benefit from
significant environmental
improvements that are fair, efficient,
and protective. Our overall success is
measured by our effectiveness in
protecting human health and the
environment.
For a more expansive discussion of
our regulatory philosophy and priorities
please see our Statement of Priorities in
the FY 2005 Regulatory Plan
(epa.gov/regagenda).
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act.
We also must meet a number of
requirements contained in Executive
orders. Of particular significance for
EPA rulemakings are Executive Orders
12866 (Regulatory Planning and Review;
58 FR 51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994 ), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255; August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249; November 9, 2000), and 13211
(Energy; 66 FR 28355; May 22, 2001).
You can find information on these
laws and Executive Orders through
links from wrww.epa.gov/regagenda.
B. How Can You Be Involved in EPA's
Rule- and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register. To be
most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
incorporate your suggestion in the rule
or nonregulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems and we stress this
point strongly in all of our training
programs for rule and policy developers.
We urge you to become involved in
EPA's rule- and policymaking process.
C. What Actions Are Included in the
Agenda and What Is the Relationship
Between the Agenda and Regulatory
Plan?
EPA includes regulations and certain
major policy documents in the Agenda.
We generally do not include minor
amendments or the following categories
of actions:
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• DAdministrative actions such as
delegations of authority, changes of
address or phone numbers.
• DLJnder 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.
• DLJnder the Federal Insecticide,
Fungicide, and Rodenticide Act:
Decision documents defining and
establishing registration standards;
decision documents and termination
decisions for the Special Review
Registration process; and data call-in
requests made under section
3(c)(2)(B).
• DLJnder the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations, including the tolerance
reassessment process.
• DLJnder the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
• DLJnder 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.
• DLJnder the Safe Drinking Water Act:
Actions on State underground
injection control programs.
There is no legal significance to the
omission of an item from the agenda.
The Regulatory Plan, which is
required by EO 12866, is published
along with the fall edition of the
regulatory agenda. The Plan includes a
limited number of EPA actions,
typically 20 to 45, which will be
published during the current fiscal year
and which are the centerpieces of our
regulatory priorities. Plan entries
include all of the information in Agenda
entries described in section E, below, as
well as additional information about
alternatives, the need for a Federal
solution, costs, benefits, and risks.
D. How Is the Agenda Organized?
We have organized the agenda first
into fourteen divisions based on the
statute that would authorize a particular
action. These divisions are:
1. General cross-cutting actions, such as
rules authorized by multiple statutes
and general acquisition rules
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), which
includes related actions under the
Federal Food, Drug, and Cosmetic Act
(FFDCA)
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 (CSISSFRRA)
8. The Resource Conservation and
Recovery Act (RCRA)
9. The Oil Pollution Act (OPA)
10. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
11. The Clean Water Act (CWA)
12. The Safe Drinking Water Act
(SOW A)
13. The Shore Protection Act (SPA)
Second, by the current stage of
development. The stages are:
1. Prerulemaking - Prerulemaking
actions are generally intended to
determine whether EPA should
initiate rulemaking. Prerulemakings
may include anything that influences
or leads to rulemaking, such as
advance notices of proposed
rulemaking (ANPRMs), significant
studies or analyses of the possible
need for regulatory action,
announcement of reviews of existing
regulations required under section
610 of the Regulatory Flexibility Act,
requests for public comment on the
need for regulatory action, or
important preregulatory policy
proposals.
2. Proposed Rule - This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of notices of proposed
rulemakings (NPRMs)).
3. Final Rule - This section includes
rules that will be issued as final rules
within a year.
4. Long-Term Action - This section
includes rulemakings for which the
next scheduled regulatory action is
after May 2006.
5. Completed Action - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the Fall 2004 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.
E. What Information Is in Agenda
Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates
where the entry appears in the Agenda.
Title: Titles for new entries (those that
have not appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 LJ.S.C.
610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules included in
the first two categories, "economically
significant" and "other significant."
Economically Significant: Under
Executive Order 12866, a rulemaking
action that may have an annual effect on
the economy of SI 00 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
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Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is neither Significant, nor Routine
and Frequent, nor
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other:
An action that is primarily
informational or pertains to an action
outside the scope of EO 12866.
Also, if we believe a rule may be
"major" as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of SI 00 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a notice of proposed
rulemaking, a final action, or some other
action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
Regulatory Flexibility Act (RFA).
Generally, such an analysis is required
for proposed or final rules subject to the
RFA that EPA believes may have a
significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than SI 00 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this S100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: An identification
number that EPA uses to track
rulemakings and other actions under
development.
URLs: For some of our actions we
include the Internet addresses for
reading copies of rulemaking
documents, submitting comments on
proposals, and getting more information
about the rulemaking and the program
of which it is a part. (Note: To submit
comments on proposals, you can go to
our electronic docket which is at:
epa.gov/edocket. Once there, to get into
the edocket for a particular rule you can
use one of the edocket search functions.
You can locate a particular docket if you
know the edocket identification
number. Some edocket identification
numbers are included in the additional
information section of Agenda entries
that have already been proposed.
RIN: The Regulatory Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
F. How Can You Find Out More About
EPA Rulemakings?
1. Public Dockets
When EPA publishes either an
advance notice of proposed
rulemaking or a notice of proposed
rulemaking in the Federal Register,
the Agency may establish an official
docket to accumulate materials
throughout the development process
for that rulemaking. The official
docket serves as the repository for the
collection of documents or
information related to a particular
agency action or activity. EPA most
commonly uses dockets for
rulemaking actions, but dockets may
also be used for Regulatory Flexibility
Act section 610 reviews of rules with
significant impacts on a substantial
number of small entities and various
nonrulemaking activities, such as
Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the
Paperwork Reduction Act, and other
nonrule activities. In 2002, EPA
released its online electronic docket
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EPA
and comment system, EDOCKET at
wrww.epa.gov/edocket.
2. EPA Websites Some of the actions
listed in the Agenda include a URL
that provides additional information.
3. Regulatory Agenda Databases and
Search Engines If you have access to
the Internet you can use databases
and their accompanying search
engines developed by the EPA and the
Regulatory Information Service Center
(RISC) at the General Services
Administration to help you locate
actions that are of interest to you. The
EPA Regulatory Agenda search engine
is located at www.epa.gov/regagenda.
RISC's searchable databases are at
http://ciir.cs.umass.edu/ua/.
4. Appendices to the Agenda There are
five appendices that provide:
a. A list of the existing rules that we are
reviewing under section 610 of the
Regulatory Flexibility Act
b. A list of actions that may have a
significant impact on a substantial
number of small businesses, small
governments, or small non-profit
organizations
c. A list of actions that may have some
impact on some small businesses,
small governments, or small non-
profit organizations but which may
either have less than a significant
impact or affect fewer than a
substantial number of them
d. A list of actions that may affect State,
local, or tribal governments
e. A list of actions that may have
federalism implications as defined in
Executive Order 13132
There is a sixth appendix included in
the Unified Regulatory Agenda, a
subject matter index. This appendix is
not included in EPA's Agenda reprints
for reasons of costs and because of the
availability of the search engines
described in No. 3, immediately above.
5. The Regulatory Agenda Collection in
the EPA History Office has a complete
collection of Regulatory Agendas and
related materials. A list of the
contents including exact citations for
all Agendas is at
http://wwwr.epa.gov/history/
collection/aid41 .htm.
6. Listservers If you want to receive
automatic e-mails about areas of
particular interest, we maintain 12
collections including:
a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-to-know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
http://wrww.epa.gov/fedrgstr/subscribe.
If you have e-mail without full Internet
access, please send an e-mail to
envsubset@epa.gov to request
instructions for subscribing to the EPA
Federal Register listservers.
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings we
consider whether there will be any
adverse impact on small entities. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
GENERAL—Proposed Rule Stage
Under RFA/SBREFA, the Agency must
prepare a formal analysis of the
potential negative impacts on small
entities, convene a Small Business
Advocacy Review Panel (proposed rule
stage), and prepare a Small Entity
Compliance Guide (final rule stage)
unless the Agency certifies a rule will
not have a significant economic impact
on a substantial number of small
entities. For more detailed information
about the Agency's policy and practice
with respect to implementing
RFA/SBREFA, please visit the
RFA/SBREFA website at
www.epa.gov.sbrefa. See appendix B at
the end of the Agenda, "Index to
Environmental Protection Agency
Entries for Which a Regulatory
Flexibility Analysis Is Required," for a
list of these rules. See appendix C for a
list of the rules that may affect small
entities, but which we do not expect
will have a significant economic impact
on a substantial number of them.
The Regulatory Flexibility Act (RFA)
section 610 requires that an agency
review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities
(SISNOSE). In this agenda, we report on
two completed reviews:
SAN No. 4788 Lead; Requirements for
Lead-Based Paint Activities in Target
Housing and Child-Occupied Facilities
(RIN 2070-AD65)
SAN No. 4789 WPS; Pesticide Worker
Protection Standard (WPS) Rule (RIN
2070-AD66)
Dated: April 21, 2005.
Stephanie N. Daigle,
Acting Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
2882
2883
2884
2885
2886
2887
2888
Title
SAN No. 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential Business Information Access
for Contractors
SAN No. 4903 Award Term Contracting
SAN No. 4931 Accessibility Standards for Contract Deliverables (508)
SAN No. 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
SAN No. 4836 Project XL Site Specific Rulemaking for the NASA White Sands Test Facility in Las Cruces, New
Mexico (Phases III-VI)
Regulation
Identifier
Number
2020-AA42
2030-AA67
2030-AA88
2030-AA89
2030-AA90
2060-AN15
2090-AA35
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GENERAL—Final Rule Stage
Sequence
Number
2889
2890
2891
2892
2893
2894
2895
Title
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR)
SAN No. 4693 Privacy Act Regulations (Revised)
SAN No. 4813 Miscellaneous Revisions to EPAAR Clauses
SAN No. 3671 Guidelines for Carcinogen Risk Assessment
SAN No. 4925 Technical Amendments to the Federal Policy for the Protection of Human Subjects
SAN No. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces, New Mexico (Phases I - II)
Regulation
Identifier
Number
2030-AA37
2025-AA07
2025-AA1 3
2030-AA84
2080-AA06
2080-AA1 1
2090-AA27
GENERAL—Long-Term Actions
Sequence
Number
2896
2897
Title
SAN No. 4056
Agreements .
SAN No. 3240
Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Public Information and Confidentiality
Regulations
Regulation
Identifier
Number
2020-AA39
2025-AA02
GENERAL—Completed Actions
Sequence
Number
2898
2899
Title
SAN No. 4902 Waste Isolation Pilot Plant (WIPP) FY 2003 Report to Congress
SAN No. 4463 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants Strategy
Regulation
Identifier
Number
2060-AM73
2070-AD45
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
2900
2901
SAN No. 4759 Revision to Policy on Control
SAN No. 4856 Protection of Stratospheric O
Title
of Volatile Organic Compounds (VOC)
zone: Amendments to the Section 608 Leak Repair Regulations
Regulation
Identifier
Number
2060-AK75
2060-AM09
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
2902
2903
2904
2905
2906
2907
2908
2909
2910
2911
2912
2913
2914
2915
Title
SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard
SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter
SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No. 4070 General Conformity Regulations; Revisions
SAN No. 3975 Review of New Sources and Modifications in Indian Country
SAN No. 4752 Clean Air Fine Particle Implementation Rule
SAN No. 4119 Performance Specification 16 — Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources
SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment
SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments
SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court Remand
SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities — Residual Risk Standards
SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk Standards
SAN No. 4660 NESHAP: Industrial Process Coolina Towers Residual Risk Standards
Regulation
Identifier
Number
2060-AK68
2060-AI44
2060-AJ61
2060-AF72
2060-AH93
2060-AH37
2060-AK74
2060-AH84
2060-AJ41
2060-AI66
2060-AJ78
2060-AK09
2060-AK10
2060-AK16
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CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2916 SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060-AK18
2917 SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating—Residual Risk Standards 2060-AK20
2918 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards 2060-AK22
2919 SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 2060-AK23
2920 SAN No. 4782 Petition to Delist Hazardous Air Pollutant : 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
2921 SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060-AK14
2922 SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments 2060-AI62
2923 SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources 2060-AK70
2924 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
2925 SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
cle 5 Countries 2060-AK45
2926 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AAOO
2927 SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions 2060-AJ25
2928 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
Fuel Transition Program for Alaska 2060-AJ72
2929 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
2930 SAN No. 4633 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures 2060-AK03
2931 SAN No. 4758 Regulation of Fuels and Fuel Additives: Modifications to Standards and Requirements for Refor-
mulated and Conventional Gasoline Including Butane Blenders and Attest Engagements 2060-AK77
2932 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Allowables Plantwide Applicability Limit (PAL), Aggregation, and Debottlenecking 2060-AL75
2933 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060-AL83
2934 SAN No. 4797 Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rule-
making for Purposes of Reducing Interstate Ozone Transport (NOx SIP Call) 2060-AL84
2935 SAN No. 4804 Protection of Stratospheric Ozone; Allowance System for Controlling HCFC Production, Import and
Export; Correction 2060-AL90
2936 SAN No. 4808 Amendments to the NESHAP for Cellulose Products Manufacturing 2060-AL91
2937 SAN No. 4809 Control of Emissions of Air Pollution From New Motor Vehicles: On-Board Diagnostic Require-
ments for Heavy-Duty Engines and Vehicles Above 14,000 Pounds and In-Use, Not-To-Exceed Emission Stand-
ard Test 2060-AL92
2938 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
2939 SAN No. 4829 5-Year Review of MACT Standards for Large MWC 2060-AL97
2940 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
2941 SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters
per Cylinder 2060-AM06
2942 SAN No. 4861 NESHAP: Area Source Standards — Paint Stripping 2060-AM07
2943 SAN No. 4846 NESHAP: Municipal Solid Waste Landfills—Amendments 2060-AM08
2944 SAN No. 4859 NESHAP: Area Source Standards — Ethylene Oxide Hospital Sterilization 2060-AM14
2945 SAN No. 4875 NESHAP: Area Source Standards — Oil and Natural Gas Production 2060-AM16
2946 SAN No. 4848 NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk 2060-AM22
2947 SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments 2060-AM25
2948 SAN No. 4865 Strategy for Addressing Air Emissions from Animal Feeding Operations 2060-AM26
2949 SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated Gasoline and Gaso-
line Sulfur Rules 2060-AM27
2950 SAN No. 4864 NESHAP: Surface Coating of Metal Cans—Technical Amendments 2060-AM28
2951 SAN No. 4866 NESHAP: Site Remediation: Amendments 2060-AM30
2952 SAN No. 4880 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: Amendments
to Evaporative Emissions Regulations and Technical Amendments 2060-AM32
2953 SAN No. 4882 Control of Emissions From Spark-Ignition Engines and Fuel Systems From Marine Vessels and
Small Equipment 2060-AM34
2954 SAN No. 4891 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing; Amendments 2060-AM43
2955 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
2956 SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural Coatings—Amendments 2060-AM47
2957 SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity 2060-AM48
2958 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use with Substitute Refrigerants 2060-AM49
-------
27516
EPA
Sequence
Number
2959
2960
2961
2962
2963
2964
2965
2966
2967
2968
2969
2970
2971
2972
2973
2974
2975
2976
2977
2978
2979
2980
2981
2982
2983
2984
2985
2986
2987
2988
2989
Federal Register/ Vol. 70, No. 93 /Monday, May 16, 2005 /Unified Agenda
CLEAN AIR ACT (CAA)— Proposed Rule Stage (Continued)
Title
SAN No. 4892 National Emission Standards for Pharmaceuticals Production; Amendments
SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act
SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
tine Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals
SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing
SAN No. 4908 NESHAP: General Provisions— Amendments
SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments
SAN No. 4911 NESHAP: Plywood and Composite Wood Products; Amendments
SAN No. 4914 NSPS for Reciprocating Internal Combustion Compression Ignition Engines
SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment
SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments
SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments
SAN No. 4934 Part 63 General Provisions — Response to Petition to Reconsider
SAN No. 4940 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions
SAN No. 4933 Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone
SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing; Reconsideration
SAN No. 4794 Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule
SAN No. 3837 NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters; Reconsideration
Notice
SAN No. 4956 Rulemaking on Section 126 Petition From North Carolina To Reduce Interstate Transport of Fine
Particulate Matter and Ozone
SAN No. 4699 Implementing Periodic Monitoring in Federal and State Operating Permit Programs
SAN No. 4757 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks, and Heavy Duty
Vehicles
SAN No. 4839 Second Deferral of Effective Date of Nonattainment Designations for 8-Hour Ozone National Ambi-
ent Air Quality Standards for Early Action Compact Areas
SAN No. 4911 NESHAP: Plywood and Composite Wood Products; List of Hazardous Air Pollutants, Lesser Quan-
tity Designations, Source Category List; Reconsideration
SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and
Light-Duty Trucks; Amendments
SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances in Foam
Blowing
SAN No. 4960 Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking
for Georgia for Purposes of Reducing Ozone Interstate Transport
SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions To Improve Calculation of Fuel Economy Es-
timates
SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx
Budget Trading Program
SAN No. 4972 Protection of Stratospheric Ozone: The 2006 Critical Use Exemption Rule From the Phaseout of
Methyl Brom ide
SAN No. 4973 Control of Emissions of Air Pollution From Diesel Engines and Fuels; Amendments to the Nonroad
and Highway Diesel Fuel Regulations
SAN No. 4951 Revisions to Air Emissions Reporting Requirements
Regulation
Identifier
Number
2060-AM52
2060-AM55
2060-AM62
2060-AM70
2060-AM71
2060-AM75
2060-AM76
2060-AM78
2060-AM82
2060-AM84
2060-AM85
2060-AM87
2060-AM89
2060-AM91
2060-AM93
2060-AM94
2060-AM95
2060-AM97
2060-AM99
2060-ANOO
2060-AN01
2060-AN04
2060-AN05
2060-AN10
2060-AN11
2060-AN12
2060-AN14
2060-AN16
2060-AN18
2060-AN19
2060-AN20
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
2990
2991
2992
Title
SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than Radon from DOE Fa-
cilities
SAN No. 3470 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 51): Adoption of a
Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions
SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators
Regulation
Identifier
Number
2060-AK81
2060-AK60
2060-AG31
-------
EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27517
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
2993
2994
2995
2996
2997
2998
2999
3000
3001
3002
3003
3004
3005
3006
3007
3008
3009
3010
3011
3012
3013
3014
3015
3016
3017
3018
3019
3020
3021
3022
3023
3024
3025
3026
3027
3028
3029
3030
3031
3032
3033
3034
3035
SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060-AF83
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
SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS—Phase 1 and Phase 2 2060-AJ99
SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 2060-AE94
SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
(40 CFR Part 60, Appendix F, Procedure 3) 2060-AH23
SAN No. 4161 Update of Continuous Instrumental Test Methods 2060-AK61
SAN No. 4313 Petitions to Delist Hazardous Air Pollutants: MEK 2060-AI72
SAN No. 4571 Clean Air Mercury Rule—Electric Utility Steam Generating Unit MACT 2060-AJ65
SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments 2060-AK50
SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
SAN No. 4763 NESHAP: Ethylene Processes; Amendments 2060-AK80
SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
SAN No. 3910 Streamlined Evaporative Test Procedures 2060-AH34
SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles and Light-Duty Trucks 2060-AK76
SAN No. 4450 Clean Air Visibility Rule 2060-AJ31
SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision 2060-AJ97
SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines 2060-AK01
SAN No. 4632 Modification of Anti-Dumping Baselines for Gasoline Produced or Imported for Use in Hawaii, Alas-
ka and the U.S. Territories 2060-AK02
SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California Enforcement Exemptions for Refor-
mulated Gasoline to California Phase 3 Gasoline 2060-AK04
SAN No. 4722 California Gasoline Technical Correction 2060-AK56
SAN No. 4557 Amendments to the Requirements on Variability in the Composition of Additives Certified Under
the Gasoline Deposit Control Program 2060-AK62
SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
SAN No. 4794 Clean Air Interstate Rule (Formerly Titled: Interstate Air Quality Rule) 2060-AL76
SAN No. 4840 Clean Air Fine Particle Designations 2060-AM04
SAN No. 4855 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing—Amendments 2060-AM10
SAN No. 4845 Control of Air Pollution From New Motor Vehicles: In-Use, Not-To-Exceed Emission Standard Test-
ing for Heavy-Duty Diesel Engines and Vehicles 2060-AM17
SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements To Address New 8-
Hour Ozone Standard 2060-AM21
SAN No. 4863 NESHAP: Reinforced Plastic Composites—Amendments 2060-AM23
SAN No. 4857 Fire Suppression and Explosion Protection Listing Under SNAP 2060-AM24
SAN No. 4868 Exemption of Certain Area Sources From Federal and State Operating Permit Programs 2060-AM31
SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides 2060-AM33
SAN No. 4883 Test Procedures for Highway and Nonroad Engines 2060-AM35
SAN No. 4895 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods 2060-AM42
SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
SAN No. 4893 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2005 2060-AM50
SAN No. 4918 Protection of the Stratospheric Ozone: Alternatives for the Mobile Air Conditioning Sector Under
the Significant New Alternatives Policy (SNAP) Program 2060-AM54
SAN No. 4894 Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for
Essential Class I Ozone Depleting Substances 2060-AM56
SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Rou-
tine Maintenance, Repair and Replacement (RMRR) Equipment Replacement Provision (ERP); Reconsideration 2060-AM58
SAN No. 3259 Nonattainment Major New Source Review (NSR): Final Rules 2060-AM59
SAN No. 4890 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing;
Amendment 2060-AM72
SAN No. 4910 NESHAP: Organic Liquid Distribution—Amendments 2060-AM77
SAN No. 4912 New Source Performance Standards (NSPS) for Stationary Combustion Turbines 2060-AM79
-------
27518
EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3036
3037
3038
3039
3040
3041
3042
3043
3044
3045
3046
3047
3048
SAN No. 4913 New Source Performance Standards (NSPS) for Electric Utility Steam Generating Units and Indus-
trial and Commercial Boilers
SAN No. 4919 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks; Amendments
SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality Assurance Requirements for
Downstream Oxygenate Blending
SAN No. 4937 NESHAP for Refractory Products Manufacturing—Amendments
SAN No. 4941 Amendments to Compliance Certification Requirements for State and Federal Operating Permits
Programs; Correction
SAN No. 4943 Revision to the Definition of Volatile Organic Compounds—Removal of VOC Exemptions for Cali-
fornia's Aerosol Coatings Reactivity-Based Regulation
SAN No. 4811 PM 2.5 and PM10 Hot-Spot Analyses in Transportation Conformity Rule Amendments
SAN No. 4811 Transportation Conformity Amendments for the New PM2.5 NAAQS Standards and PM2.5 Precur-
sors
SAN No. 4952 Stay of the Findings of Significant Contribution and Rulemaking for Georgia for Purposes of Re-
ducing Ozone Interstate Transport
SAN No. 4954 Finding of Failure To Submit Section 110(a) SIP Requirements
SAN No. 4957 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing— Amendments
SAN No. 4961 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the
2005 Supplemental Request
SAN No. 4970 Small Municipal Waste Combustor New Source Performance Standards and Emission Guidelines
Amendments
2060-AM80
2060-AM83
2060-AM88
2060-AM90
2060-AM92
2060-AM98
2060-AN02
2060-AN03
2060-AN06
2060-AN07
2060-AN09
2060-AN13
2060-AN17
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3049 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
3050 SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant 2009-AA01
3051 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment 2050-AE95
3052 SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(3); Revisions to the List of Substances 2050-AE96
3053 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3054 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
3055 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 2060-AH47
3056 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
3057 SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards 2060-AK08
3058 SAN No. 4657 NESHAP: Group II Polymers and Resins—Residual Risk Standards 2060-AK13
3059 SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations—Residual
Risk Standard 2060-AK17
3060 SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards 2060-AK19
3061 SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations—Residual Risk Standards 2060-AK21
3062 SAN No. 4664 NESHAP: Printing and Publishing Industry—Residual Risk Standards 2060-AK24
3063 SAN No. 4663 NESHAP: Petroleum Refineries — Residual Risk Standards 2060-AK25
3064 SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Elec-
troplating and Chromium Anodizing Tanks—Residual Risk Standards 2060-AK72
3065 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
Petition to Delist 2060-AK73
3066 SAN No. 4656 NESHAP: Group I Polymers and Resins—Residual Risk Standards 2060-AK12
3067 SAN No. 4658 NESHAP: Group IV Polymers and Resins—Residual Risk Standards 2060-AK15
3068 SAN 4383. Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia, Dela-
ware, Maryland, and New Jersey 2060-AI99
3069 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
-------
EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27519
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3070 SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to Section 502 of the
Clean Air Act 2060-AK46
3071 SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures 2060-AE20
3072 SAN No. 3262 Inspection/Maintenance Recall Requirements 2060-AE22
3073 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
3074 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
3075 SAN 4391. Rescinding Finding That Preexisting PM10 Standards Are No Longer Applicable in Northern Ada
County/Boise, Idaho 2060-AJ05
3076 SAN No. 4783 Voluntary Superior Monitoring 2060-AK85
3077 SAN 4798. Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone National Ambient Air Qual-
ity Standards for Early Action Compact Areas 2060-AL85
3078 SAN No. 4799 Consideration of Industry Petition To Remove the 2-Piece Can Subcategory From the Clean Air
Act Hazardous Air Pollutant Source Category List 2060-AL86
3079 SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual Risk Standards 2060-AL93
3080 SAN No. 4825 Mineral Wool Production Residual Risk Standard 2060-AL96
3081 SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99
3082 SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060-AMOO
3083 SAN No. 4873 NESHAP: Area Source Standards—Glass Manufacturing Industry 2060-AM12
3084 SAN No. 4860 NESHAP: Area Source Standards— Acrylic/ Modacrylic Fiber (AMF) Production 2060-AM13
3085 SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems 2060-AM15
3086 SAN No. 4847 NESHAP: Oil and Natural Gas Production Residual Risk Standards 2060-AM18
3087 SAN No. 4874 NESHAP: Area Source Standards — Industrial Inorganic Chemicals Manufacturing 2060-AM19
3088 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant from Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK) 2060-AM20
3089 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
3090 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
3091 SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers 2060-AM44
3092 SAN No. 4906 NESHAP: Area Source Standards—Clay Ceramics Industry 2060-AM53
3093 SAN No. 4699 Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Requirements
and on Methods To Improve Such Monitoring 2060-AM63
3094 SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals—Zn, Cd, Be 2060-AM69
3095 SAN No. 4907 NESHAP: Gasoline Distribution Stage I—Area Source Standards 2060-AM74
3096 SAN No. 4915 NSPS for Reciprocating Internal Combustion Spark Ignited Engines 2060-AM81
3097 SAN No. 4955 NESHAP: Plastic Parts and Products (Surface Coating)—Area Source Rule 2060-AN08
3098 SAN No. 4978 NESHAP: Autobody Refinishing—Area Source Rule 2060-AN21
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3099
3100
3101
3102
3103
3104
3105
3106
3107
3108
3109
3110
SAN No. 4683 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of 4 Compounds
SAN No. 4096 Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern United States
SAN No. 4555 Electric Arc Furnace NSPS Amendment
SAN No. 4620 National Emission Standards for Coke Oven Batteries—Residual Risk Standards
SAN No. 4712 NESHAP: Hazardous Organic NESHAP (HON) Amendments
SAN No. 4714 NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur
Recovery Units; Amendments
SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards
SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE)
SAN No. 3412 Operating Permits: Revisions (Part 70)
SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program-Part 71
SAN No. 4535 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide
SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington
2060-AK37
2060-AH87
2060-AJ68
2060-AJ96
2060-AK49
2060-AK51
2060-AH52
2060-AJOO
2060-AF70
2060-AG92
2060-AJ63
2012-AA01
-------
27520
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3111 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate .. 2060-AI45
3112 SAN No. 4547 Modification of Authority To Grant Alternative Method Approvals 2060-AJ83
3113 SAN No. 4691 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Clean Units 2060-AK42
3114 SAN No. 4811 Transportation Conformity Rule Amendments for New 8-Hour Ozone and PM2.5 National Ambient
Air Quality Standards 2060-AL73
3115 SAN No. 4095 Section 126 Rule: Lifting the 8-hour Stay 2060-AL79
3116 SAN No. 4800 List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, Source Category
List: Petition To Delist Ethylene Glycol Monobutyl Ether 2060-AL87
3117 SAN No. 4802 Amendments to Leather Finishing NESHAP 2060-AL89
3118 SAN No. 3560 Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute Refrigerants; Leak Repair Re-
quirements for Refrigeration and Air-Conditioning Equipment 2060-AM05
3119 SAN No. 4917 Protection of Stratospheric Ozone: Substitute Refrigerant Recycling; Amendment to the Definition
of Refrigerant 2060-AM51
3120 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide (Coatings) 2060-AM65
3121 SAN No. 4928 NESHAP: Secondary Aluminum Production Amendments 2060-AM86
3122 SAN No. 4571 Revision of December 2000 Regulatory Finding on the Emissions of Haz. Air Pollutants From Elec-
tric Utility Steam Generating Units & Removal of Coal & Oil-Fired Electric Utility Steam Generating Units 2060-AM96
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Regulation
3123 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste 2060-AH63
3124 SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40 CFR 191, Sub-
part A 2060-AH90
ATOMIC ENERGY ACT (AEA)—Completed Actions
Regulation
3125 SAN 4054.1. Approaches to an Integrated Framework for Management and Disposal of Low-Activity Radioactive
Waste 2060-AL78
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Regulation
ass
3126 SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products 2070-AD51
3127 SAN No. 4610 Acceptability of Research Using Human Subjects 2070-AD57
3128 SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations 2020-AA44
3129 SAN No. 4170 Pesticides; Procedures for the Registration Review Program 2070-AD29
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EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27521
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
3130
3131
3132
3133
Title
SAN No. 4727 Endocrine Disrupter Screening Program (EDSP); Chemical Selection Approach for Initial Round of
Screening
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment
SAN No. 3222 Groundwater and Pesticide Management Plan Rule
SAN No. 4216 Pesticides; Emergency Exemption Process Revisions
Regulation
Identifier
Number
2070-AD59
2070-AB95
2070-AC46
2070-AD36
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
3134
3135
3136
3137
3138
3139
3140
3141
Title
SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and Testing Phase
SAN No. 41 75 Pesticide Tolerance Reassessment Program
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Proteins
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering
From Sexually Compatible Plants
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Regulation
Identifier
Number
2070-AC12
2070-AD30
2070-AD61
2070-AD24
2070-AD49
2070-AD55
2070-AD56
2070-AD14
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
3142
3143
SAN No. 4609 Pesticides; Exemption of Medical [
SAN No. 4789 WPS; Pesticide Worker Protection
Title
)evices Treated V
Standard (WPS)
Vith Antimicrobial Pesticides
Rule (Completion of a Section 610 Review)
Regulation
Identifier
Number
2070-AD54
2070-AD66
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
3144
3145
Title
SAN No. 3493 Future Testing for Existing Chemicals (Overview Entry)
SAN No. 4858 Notification of Chemical Exports Under TSCA Section 12(b)
Regulation
Identifier
Number
2070-AB94
2070-AJ01
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3146
3147
3148
3149
3150
3151
3152
3153
3154
Title
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Polymers
SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime Administration
(MARAD)
SAN No. 4953 Pre-Renovation Lead Education Rule
SAN No. 4975 Transfering Rights to Manufacture Chemical Substances Under TSCA
SAN No. 4974 Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)
Regulation
Identifier
Number
2070-AD58
2070-AB79
2070-AD28
2070-AD48
2070-AJ04
2070-AJ05
2070-AJ14
2070-AJ15
2070-AJ18
-------
27522
EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3155
3156
3157
3158
3159
3160
3161
3162
3163
3164
3165
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
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. 3301 TSCA Inventory Update Rule Revisions
SAN No. 4870 Significant New Use Rule (SNUR); Certain Polybrominated Diphenyl Ethers (PBDEs)
SAN No. 3493 Testing Agreement for Perfluorooctanoic Acid (PFOA)
SAN No. 3493 Testing Agreement for Diethanolamine
SAN No. 3493 Testing Agreement for Hydrogen Fluoride
SAN No. 3493 Testing Agreement for Phthalic Anhydride
SAN No. 4942 Significant New Use Rule for Glycol Ethers (2-Ethoxyethanol, 2-Ethoxyethanol Acetate, 2-
Methoxyethanol, or 2-Methoxyethanol Acetate)
SAN No. 3493 Testing Agreement for Maleic Anhydride
2070-AD16
2070-AB08
2070-AB11
2070-AD63
2070-AJ02
2070-AJ06
2070-AJ09
2070-AJ10
2070-AJ11
2070-AJ12
2070-AJ13
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3166 SAN No. 3148 Asbestos Model Accreditation Plan Revisions 2070-AC51
3167 SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban 2070-AC21
3168 SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
Rule—Bridges and Structures 2070-AC64
3169 SAN No. 3557 Lead-Based Paint Activities; Abatement Amendments for Renovation and Remodeling 2070-AC83
3170 SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce 2070-AB20
3171 SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues 2070-AD52
3172 SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances 2070-AA59
3173 SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders 2070-AB27
3174 SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP) 2070-AC27
3175 SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs) 2070-AC76
3176 SAN No. 3882 Test Rule; Certain Metals 2070-AD10
3177 SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity .... 2070-AD44
3178 SAN No. 1923 Follow-Up Rules on Existing Chemicals 2070-AA58
3179 SAN No. 3528 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs) 2070-AC37
3180 SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program 2070-AD25
3181 SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 2070-AD53
3182 SAN No. 4777 Lead; Amendments to Requirements for Disclosure of Known Lead-Based Paint or Lead-Based
Paint Hazards in Target Housing 2070-AD64
3183 SAN No. 3493 Testing Agreement for Aryl Phosphates (ITC List 2) 2070-AJ07
3184 SAN No. 3493 Test Rule; Brominated Flame Retardants (BFRs) 2070-AJ08
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3185
3186
3187
3188
SAN No. 3508 Lead; Management and Disposal of Lead-Based Paint Debris
SAN No. 4788 Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child-Occupied Facili-
ties (Completion of a Section 610 Review)
SAN No. 3557 Lead-Based Paint Activities; Voluntary Program for Renovation and Remodeling
SAN No. 3118 TSCA Section 8(e) Reporting Guidance; Correction, Clarification of Applicability, and Announce-
ment Regarding the Issuance Questions and Answers
2070-AC72
2070-AD65
2070-AJ03
2070-AJ16
-------
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27523
EPA
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3189 SAN No. 4753 Emergency Planning and Community Right-to-Know Act: Modification to the Threshold Planning
Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution 2050-AF08
3190 SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for Individual Members of the
Dioxin and Dioxin-like Compounds Category Under EPCRA, Section 313 2025-AA12
3191 SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule 2025-AA14
3192 SAN No. 2425 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound
Categories Listed on the Toxics Release Inventory 2025-AA16
3193 SAN No. 2425 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals 2025-AA17
3194 SAN No. 2425 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals 2025-AA19
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Regulation
3195 SAN No. 4595 Change of Toxic Release Inventory (TRI) Reporting Requirements From Standard Industrial Clas-
sification (SIC) Codes to North American Industrial Classification System (NAICS) Codes 2025-AA10
3196 SAN No. 4938 TRI Reporting Forms Modification Rule 2025-AA15
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
Regulation
'N^
3197 SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule 2050-AE17
3198 SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation 2025-AA11
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
~ i
3199 SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Sub-
stances (EHS) List 2050-AE42
3200 SAN No. 4015 TRI; Review of Chemicals on the Original TRI List 2025-AA03
3201 SAN No. 2425 TRI; Response to Petition to Delete DBNPA from the Toxics Release Inventory List of Toxic
Chemicals 2025-AAOO
3202 SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemp-
tion 2025-AA06
3203 SAN No. 2847 TRI; Pollution Prevention Act Information Requirements 2025-AA09
3204 SAN No. 2425 TRI; Response to Petition To Modify Reporting for Chrominum, Nickel, and Copper Alloys for
Toxics Release Inventory Metal Compound Categories 2025-AA18
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
~
3205 SAN No. 4824 Hazardous Waste Generator Program Evaluation 2050-AG25
3206 SAN No. 4743 Land Disposal Restrictions: Determination of Equivalent Treatment for Macroencapsulation of Ra-
dioactive Lead Solids; Definition of Macroencapsulation 2050-AF12
-------
27524
EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3207
3208
3209
3210
Title
SAN No. 4651 Increase Metals Reclamation From F006 Waste Streams
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery
for Economic Cooperation and Development
Within the Organization
SAN No. 4834 Hazardous Waste Management System: Identification and Listing of Hazardous Waste (F019 List-
ing Amendment in Wastewater Treatment Sludges From Zinc Phosphating Processes in Automotive Assembly
Plants)
SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic
lories
and Research Labora-
Regulation
Identifier
Number
2050-AE97
2050-AE93
2050-AG15
2050-AG18
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3211
3212
3213
3214
3215
3216
3217
3218
3219
3220
3221
Title
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
SAN No. 3989 Methods Innovation Rule
SAN No. 3147 Hazardous Waste Manifest Regulation
SAN No. 4084 RCRA Burden Reduction Initiative
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regulations
SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II)
SAN No. 4092 Hazardous Waste Management System; Modification of the Hazardous Waste Program: Mercury-
Containing Equipment
SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Junction, New York
Regulation
Identifier
Number
2050-AE44
2050-AE23
2050-AE41
2050-AE21
2050-AE50
2050-AE52
2050-AE84
2050-AE01
2050-AG21
2090-AA1 4
2090-AA29
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3222
3223
3224
3225
3226
3227
3228
3229
3230
3231
3232
3233
3234
3235
3236
Title
SAN No. 3856 Management of Cement Kiln Dust (CKD)
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power P rod ucers
SAN No. 4469 Standards for the Management of Coal Combustion Wastes— Non-Power Producers and
Minefilling
SAN No. 4230 Revisions to Solid Waste Landfill Criteria — Leachate Recirculation on Alternative Liners
SAN No. 4411 Regulation of Hazardous Oil-bearing Secondary Materials From Petroleum Refining Industry and
Other Hazardous Secondary Materials Processed in a Gasification System To Produce Synthesis Gas
SAN No. 4735 RCRA Burden Reduction Initiative, Phase 2
SAN No. 4701 E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA Regulations to Encourage
Reuse, Recycling, and Recovery of Electronic Equipment
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
nated Media and Debris from Underground Storage Tanks
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
SAN No. 4670 Revisions to the Definition of Solid Waste
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements
SAN No. 3147 Hazardous Waste Manifest Revisions — Standards and Procedures for Electronic Manifests
SAN No. 4977 Expanding the Comparable Fuels Exclusion Under RCRA
SAN No. 4828 RCRA Incentives for Performance Track Members
Regulation
Identifier
Number
2050-AE34
2050-AE81
2050-AE83
2050-AE67
2050-AE78
2050-AF01
2003-AAOO
2050-AD69
2050-AE51
2050-AE98
2050-AC71
2050-AF06
2050-AG20
2050-AG24
2090-AA34
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27525
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3237
3238
SAN No. 3066 Loading-Based Listing of Non-Wastewaters From the Production of Selected Organic Dyes, Pig-
ments, and Food, Drug, and Cosmetic Colorants
SAN No. 4944 Regulatory Incentives for the National Environmental Performance Track Program
2050-AD80
2090-AA36
OIL POLLUTION ACT (OPA)— Proposed Rule Stage
3239
SAN No. 2634 Regulatory Actions Associated With the Notices of Data Availability on the Spill Prevention, Con-
trol, and Countermeasures (SPCC) Rule [[[
2050-AG23
OIL POLLUTION ACT (OPA)— Long-Term Actions
3240
SAN No. 2634 Revisions to the Spill Prevention, Control, and Countermeasures (SPCC) Rule ................................ 2050-AG16
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Proposed Rule
Stage
s=-
3241 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules ............. 2050-AD75
3242 SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx ................................................ 2050-AF02
3243 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities ............................................ 2050-AF03
3244 SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan ............................. 2050-AG22
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Final Rule Stage
Regulation
ass
3245 SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste
Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178) ............... 2050-AE12
3246 SAN No. 4739 Standards and Practices for Conducting All Appropriate Inquiries [[[ 2050-AF04
3247 SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions [[[ 2050-AE62
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27526
EPA
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3249
3250
3251
3252
3253
Title
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces — Phase II
SAN No. 4950 Test Procedures for the Analysis of E. Coli, Enterococci, Fecal Conforms, and Salmonella Under
the Clean Water Act
SAN No. 49652006 Effluent Guidelines Program Plan
SAN No. 4947 Effluent Guidelines for the Iron and Steel Manufacturing Point Source Category (Revision)
Regulation
Identifier
Number
2050-AE87
2040-AD39
2040-AE68
2040-AE76
2040-AE78
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3254
3255
3256
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution
SAN No. 4690 Policy Regarding National Pollutant Discharge Elimination System Permit Requirements for Munic-
ipal Wastewater Treatment During Wet Weather Conditions
2040-AD71
2040-AC58
2040-AD87
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
3257
3258
3259
3260
3261
3262
3263
3264
3265
3266
3267
3268
3269
Title
SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point Source Category,
Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III)
SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures Approved for Clean Water Act
Compliance Monitoring
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for
Clean Water Act Test Procedures
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4543 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act, Phase 3
SAN No. 3786 NPDES Applications Revisions
SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems,
Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities ....
SAN No. 4746 Regulations for Gray and Black Water Discharges from Cruise Ships Operating in Certain Alaskan
Waters
SAN No. 4822 Effluent Guidelines and Standards: Recodification of Various Effluent Guidelines
SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations
SAN No. 4949 Effluent Limitations Guidelines and Standards for Drinking Water Supply and Treatment
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
Regulation
Identifier
Number
2040-AD49
2040-AC75
2040-AC92
2040-AC93
2040-AD09
2040-AD70
2040-AC84
2040-AD02
2040-AD89
2040-AE61
2040-AE69
2040-AE74
2040-AE77
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3270
3271
3272
3273
Title
SAN No. 4344 Water Quality Standards for Indian Country Waters
SAN No. 4623 Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions
SAN No. 4852 Water Quality Standards for Pathogens and Pathogen Indicators for Coastal Recreation Waters ....
SAN No. 4932 Effluent Guidelines for the Transportation Equipment Cleanina Point Source Cateaorv
Regulation
Identifier
Number
2040-AD46
2040-AD82
2040-AE63
2040-AE65
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27527
EPA
CLEAN WATER ACT (CWA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3274
SAN No. 4765 National Pollutant Discharge Elimination System: Modification of Permit Deadline for Storm Water
Discharges From Oil and Gas Construction Activity That Disturbs One to Five Acres
2040-AE71
SAFE DRINKING WATER ACT (SDWA)— Proposed Rule Stage
Regulation
3275 SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions 2040-AD93
SAFE DRINKING WATER ACT (SDWA)— Final Rule Stage
3276 SAN No. 2340 National Primary Drinking Water Regulations: Groundwater Rule 2040-AA97
3277 SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule 2040-AD37
3278 SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule 2040-AD38
SAFE DRINKING WATER ACT (SDWA)— Long-Term Actions
Sequence
Number
3279 SAN No. 2281 National Primary Drinking Water Regulations: Radon 2040-AA94
3280 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 2040-AC13
3281 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE)
and Technical Corrections to the NSDWR 2040-AD54
3282 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Ana-
lytical Requirements and Additional Distribution System Requirements 2040-AD94
3283 SAN No. 4745 Drinking Water Contaminant Candidate List 3 2040-AD99
3284 SAN No. 4236 Underground Injection Control: Update of State Programs 2040-AD40
3285 SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List 2040-AE60
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Regulation
Identifier
Number
3286 SAN No. 4703 Drinking Water Contaminant Candidate List 2 2060-AD86
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Regulation
Identifier
3287 SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations 2040-AB85
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27528
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
2882. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
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
02/00/06
08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292;
Agency Contact: Katherine Biggs,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202-564-7144
Fax: 202 564-0070
Email: biggs.katherine@epamail.epa.gov
Robert Hargrove, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, DEPP-SPMMP, Washington,
DC 20460
Phone: 202 564-0000
Fax: 202-564-0070
Email: hargrove.robert@epamail.epa.gov
RIN: 2020-AA42
2883. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4319;
Sectors Affected: 5413 Architectural,
Engineering and Related Services;
54162 Environmental Consulting
Services; 5416 Management, Scientific
and Technical Consulting Services;
5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Daniel Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202-564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epamail.epa.gov
RIN: 2030-AA67
2884. SECURITY REQUIREMENTS
FOR TOXIC SUBSTANCES CONTROL
ACT CONFIDENTIAL BUSINESS
INFORMATION ACCESS FOR
CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301 Sec 205
(c); 63 Stat. 390, as amended; 40 USC
486 (c); 41 USC 418b
CFR Citation: 48 CFR 1552; 48 CFR
1535
Legal Deadline: None
Abstract: Current security requirements
for Toxic Substances Contract Act
Confidential Business Information
(TSCA CBI) access for contractors are
implemented in three Environmental
Protection Agency contract clauses,
1552.235-75, 1552.235-76, and
1552.235-78. Security requirements for
the Government and contractors have
been updated in a 2003 TSCA CBI
Protection Manual. This rulemaking
will implement the new TSCA CBI
requirements into the three EPAAR
clauses cited above.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/05
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4904;
Agency Contact: Linda Clement,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-564-4356
Fax: 202 565-2552
Email: clement.linda@epamail.epa.gov
Harry Lewis, Environmental Protection
Agency, Administration and Resources
Management, 7407, Washington, DC
20460
Phone: 202-564-8642
Email: lewis.harry@epamail.epa.gov
RIN: 2030-AA88
2885. AWARD TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 418(b; 5 USC
301, sec 205(c); 63 Stat 390, as
amended
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EPA—General
Proposed Rule Stage
CFR Citation: 48 CFR 1516 and 1552
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is proposing
to amend the EPA Acquisition
Regulation (EPAAR) to add guidance on
the use of award-term contracts. The
guidance is necessary for contracting
officers seeking to include award-term
provisions in contracts. This guidance
will establish a solicitation provision
and contract clause in the EPAAR.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/05
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4903;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
2886. ACCESSIBILITY STANDARDS
FOR CONTRACT DELIVERABLES
(508)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301, sec 205(c);
41 USC 418(b)
CFR Citation: 48 CFR 1511; 48 CFR
1552
Legal Deadline: None
Abstract: This action will amend the
Environmental Protection Agency
Acquisition Regulation (EPAAR) to
require contractors to identify
applicable accessibility (508) standards
in contract deliverables.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4931;
Agency Contact: Ed Chambers,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA90
2887. • AMENDMENT OF THE
STANDARDS FOR RADIOACTIVE
WASTE DISPOSAL IN YUCCA
MOUNTAIN, NEVADA
Priority: Other Significant
Legal Authority: PL 102-486
CFR Citation: 40 CFR 197
Legal Deadline: None
Abstract: This action will amend the
standards for Yucca Mountain, Nevada
(40 CFR part 197). These standards
were issued in 2001 and were partially
remanded by a Federal court in 2004.
These amendments will address the
remanded portion of the standards, viz.,
the compliance period. Yucca
Mountain is the site of a potential
geologic repository for spent nuclear
fuel and high-level radioactive waste.
It is about 100 miles northwest of Las
Vegas, Nevada, and straddles the
boundaries of the Nevada Test Site,
Bureau of Land Management land, and
an Air Force bombing range. The site
is being developed by the Department
of Energy (DOE). The DOE will submit
a license application to the Nuclear
Regulatory Commission (NRC). We
(EPA) were given the authority to set
Yucca Mountain-specific standards in
the Energy Policy Act of 1992 (EnPA).
The EnPA also requires NRC to adopt
our standards in its licensing
regulations and use them as a basis to
judge compliance of the repository's
performance. The Agency issued final
Yucca Mountain standards in 2001. In
July 2004, the DC Circuit Court
returned the standards to EPA for
reconsideration of the regulatory time
frame. The Court found that the 10,000-
year compliance period violates our
authorizing statute for Yucca Mountain
regulation because it is not "based
upon and consistent with" scientific
recommendations required from the
National Academy of Sciences under
the legislation. To address the Court's
opinion, we must reassess the time
frame in light of the National
Academy's recommendation that
compliance must be addressed at the
time of peak dose, which may be as
long as several hundred thousand years
into the future.
Timetable:
Action
Date
FR Cite
NPRM 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4964;
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
Raymond Lee, Environmental
Protection Agency, Air and Radiation,
6608J, Washington, DC 20460
Phone: 202-343-9463
Fax: 202 343-2305
Email: lee.raymond@epamail.epa.gov
RIN: 2060-AN15
2888. PROJECT XL SITE SPECIFIC
RULEMAKING FOR THE NASA WHITE
SANDS TEST FACILITY IN LAS
CRUCES, NEW MEXICO (PHASES
III-VI)
Priority: Info./Admin./Other
Legal Authority: 33 USC 2701 to 2761;
42 USC 300(f) to 300(j)-26; 42 USC
6901 to 6992(k)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The United States
Environmental Protection Agency has
entered into a Final Project Agreement
with the National Aeronautics and
Space Administration (NASA) White
Sands Test Facility in Las Cruces, New
Mexico, that would modify the
reporting requirements under the
Resource Conservation and Recovery
Act (RCRA) and the Safe Drinking
Water Act (SDWA). The rule will allow
the facility to submit regulatory reports
and permit information electronically
rather than on paper to the New
Mexico Environment Department
(NMED) Solid Waste Bureau,
Hazardous Waste Bureau, Groundwater
Bureau, and Air Quality Bureau. Doing
so will significantly reduce its
regulatory reporting costs and enhance
the State's ability to analyze and
manage the facility's regulatory and
permit information. The electronic
reporting involves six phases that will
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EPA—General
Proposed Rule Stage
transition NASA from submitting data
on a CD-ROM to utilizing the Internet
to transmit data to NMED. This rule
covers Phases III-VI of the project, the
previous NASA White Sands Test
Facility Final Rule covered Phases I-
II.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4836;
Phone: 202-566-1466
Fax: 202 566-2210
Email: levitan.adam@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202-566-2182
Action
NPRM
Final Action
Date FR Cite
06/00/05
08/00/05
Hyenuy vuiuaui. /\uam L,eviian,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA35
Environmental Protection Agency (EPA)
General
Final Rule Stage
2889. 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
Direct Final Action 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3580;
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
2890. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
(CROMERRR)
Priority: Other Significant
Legal Authority: PL 104-13; PL
105-277
CFR Citation: 40 CFR 3 (New); 40 CFR
9 (Revision)
Legal Deadline: None
Abstract: As proposed, the Cross-Media
Electronic Reporting (ER) and
Recordkeeping Rule (CROMERRR) was
intended to provide a uniform legal
framework for paperless electronic
reporting and recordkeeping, including
electronic signature/certification, across
EPA's environmental compliance
programs. Based on public comment,
however, EPA now plans to focus on
finalizing the electronic reporting
components of proposed CROMERRR,
and to defer further action on the
electronic recordkeeping components
until a later time. Under current plans,
the final electronic reporting (ER) rule
will address electronic reporting by
companies regulated under all of EPA's
programs: air, water, pesticides, toxic
substances, wastes, and emergency
response. The final rule would remove
existing regulatory obstacles to
electronic reporting, and it would set
requirements for companies choosing to
report electronically. In addition, the
rule would set the conditions for
allowing electronic reporting under
State, tribal or local environmental
programs that operate under EPA
authorization. The final ER rule is
intended to make electronic reporting
as simple, efficient, and cost-effective
as possible for regulated companies,
while ensuring that a transition from
paper to electronic reporting does not
compromise EPA's compliance and
enforcement programs. Consequently,
the Agency's strategy is to impose as
few specific requirements as possible,
and to keep those requirements neutral
with respect to technology, so the rule
will pose no obstacles to adopting new
technologies as they emerge. To ensure
that authorized programs at the State,
tribal, and local levels meet EPA's
electronic reporting goals, the final ER
rule would specify a set of criteria that
these programs must satisfy as they
initiate electronic reporting. In response
to public comments, EPA is also
planning to include provisions for a
streamlined process for EPA to review
and approve authorized program
revisions or modifications to allow
electronic reporting.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/31/01 66 FR 46162
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4270;
Formerly listed as RIN 2020-AA41.
Agency Contact: Evi Huffer,
Environmental Protection Agency,
Office of Environmental Information,
2823T, Washington, DC 20460
Phone: 202-566-1697
Fax: 202 260-9322
Email: huffer.evi@epamail.epa.gov
David Schwarz, Environmental
Protection Agency, Office of
Environmental Information, 2823T,
Washington, DC 20460
Phone: 202-566-1704
Fax: 202 566-1684
Email: schwrarz.david@epamail.epa.gov
RIN: 2025-AA07
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EPA—General
Final Rule Stage
2891. PRIVACY ACT REGULATIONS
(REVISED)
Priority: Info./Admin./Other
Legal Authority: 5 USC 552a
CFR Citation: 40 CFR 16 (Revised)
Legal Deadline: None
Abstract: This action proposed to
revise the Privacy Act regulation to
exempt new systems and systems
currently claiming to be exempt from
the Act. Other revisions are generally
minor and include revising the access
provision so that a copy of a record
can be obtained without a personal
inspection; changing the time limit for
appeals of denials from 10 days to 30
days; changing the process for
accessing Privacy Act records and
contesting Privacy Act records from the
system manager to the Freedom of
Information Office; and referring
appeals from denials of system of
records maintained by the Office of
Inspector General to that office for
decision. The proposed rule does not
have implications on small businesses
nor State/local/tribal government.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/14/04 69 FR 55377
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4693;
Agency Contact: Judy Hutt,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202-566-1668
Fax: 202 566-1639
Email: hutt.judy@epamail.epa.gov
Deborah Williams, Environmental
Protection Agency, Office of
Environmental Information, 2822-T,
Washington, DC 20460
Phone: 202-566-1659
Fax: 202 566-1648
Email:
williams.deborah@epamail.epa.gov
RIN: 2025-AA13
2892. MISCELLANEOUS REVISIONS
TO EPAAR CLAUSES
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301; sec (c),
63 Stat 390, as amended; 40 USC 486
(c); 41 USC418(b)
CFR Citation: 48 CFR 1515; 48 CFR
1535;48 CFR 1552
Legal Deadline: None
Abstract: This rule includes
administrative changes to various
EPAAR clauses, such as address
changes and points of contact. Nothing
substantive will be affected.
Timetable:
Action
Date
FR Cite
Direct Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4813;
Agency Contact: Dan Humphries,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202-564-4377
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA84
2893. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not applicable
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 9/86 EPA issued risk
assessment guidelines relating to five
areas: carcinogenicity, mutagenicity,
chemical mixtures, developmental
toxicants, and estimating exposures.
EPA publishes, and periodically
updates/revises, a series of guidelines
whose purpose is to assist risk
assessors in evaluating the risks of
environmental hazards. The guidelines
were developed to promote high
technical quality and Agency-wide
consistency in the human health risk
assessment process. The Agency began
revising the 1986 guidelines in light of
significant scientific advances in our
understanding of the processes of
carcinogenesis and the modes of
actions of disease at the cellular level.
The revision of these guidelines is in
keeping with the Agency's original
intent when it issued the first risk
assessment guidelines in 1986. The
guidelines were meant to be dynamic,
flexible documents that would evolve
to reflect the current state of the
science and risk assessment practices.
EPA released Draft inal guidelines in
March 2003 for public comment, along
with a new draft supplemental
guidance document entitled,
Supplemental Guidance for Assessing
Cancer Susceptibility Resulting from
Early-life Exposure to Carcinogens, to
address early-life exposure issues.
(Prior to the 2003 release, guidance on
early life exposure issues was
incorporated into the cancer guideline
document. Early-life exposures issues
were moved into a separate document
anticipating that updates on the science
will be necessary sooner then issues
entailed in the draft final cancer
guidelines.) The Supplemental
Guidance document was peer reviewed
by the SAB in May 2003. The final
documents will be made available for
review by the Science Policy Council
and other governmental agencies prior
to being submitted for Final Agency
Closure. Revisions are being made to
the documents based on comments
received, balanced against input
received during prior SAB reviews and
prior public comment periods. The
workgroups finalizing the Guidelines
represent the major Program Offices
and regional offices.
Timetable:
Action
Date
FR Cite
Final Action
05/00/05
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
Email: wood.bill@epamail.epa.gov
RIN: 2080-AA06
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EPA—General
Final Rule Stage
2894. TECHNICAL AMENDMENTS TO
THE FEDERAL POLICY FOR THE
PROTECTION OF HUMAN SUBJECTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This Final Rule implements
three technical amendments to the
Common Rule which governs the
conduct of human studies in several
agencies. The agencies listed in this
document are individually amending
the Federal Policy for the Protection of
Human Subjects, which was published
in the Federal Register on June 18,
1991, to change all references to the
Office for Protection from Research
Risks (OPRR) to the Office for Human
Research Protections (OHRP); revise the
footnote found at the end of sec 101(i)
by deleting references to research
involving fetuses, pregnant women, or
human in vitro fertilization and subpart
B of 45 CFR part 46; and update the
Control Number for the approval by the
Office of Management and Budget
(OMB) of the information collection
requirements of this Federal Policy.
HHS is the lead Agency in developing
the language for this rule.
Timetable:
Action
Date
FR Cite
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4925;
Agency Contact: Dennis Utterback,
Environmental Protection Agency,
Office of Research and Development,
8104R, Washington, DC 20460
Phone: 202-564-6638
Fax: 202 565-2911
Email:
utterback.dennis@epamail.epa.gov
RIN: 2080-AA11
2895. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO (PHASES I - II)
Priority: Info./Admin./Other
Legal Authority: Safe Drinking Water
Act; 42 USC 300f to 300J-26; Solid
Waste Disposal Act; 42 USC 6901 to
6992k
CFR Citation: 00 CFR NYD
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has entered
into an XL (excellence and Leadership)
Final Project Agreement (FPA) with the
National Aeronautics and Space
Administration (NASA) White Sands
Test Facility (WSTF) in Las Cruces, NM
to implement a project that would
modify reporting requirements under
the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking
Water Act (SDWA), Clean Water Act
(CWA) and the Clean Air Act (CAA).
The purpose of this NASA WSTF
Electronic Reporting site- specific rule
is to enable the NASA WSTF to
electronically submit compliance
reports and permit information to the
New Mexico Environment Department
(NMED) in lieu of submitting paper
reports. The rule will set forth
guidelines to ensure that the
information submitted by NASA WSTF
to NMED is accurate by outlining
procedures for data authentication, use
of electronic signature and encryption
processes. This rule will address Phases
I and II of the project covering
reporting requirements under RCRA
and the SDWA. A second and
subsequent rule will address Phases III-
VI of the project covering additional
reporting requirements under the CWA
and CAA.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/31/01 66 FR 55050
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4536;
Agency Contact: Kristina Heinemann,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202-566-2183
Fax: 202 566-2220
Email:
heinemann.kristina@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202-566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA27
Environmental Protection Agency (EPA)
General
Long-Term Actions
2896. 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; 42 USC 9605(f);
PL 100-590; EO 12432; EO 12138; EO
11625
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the Clinton
Administration's review of affirmative
action programs. They include: (1)
placing greater emphasis on requiring
assistance agreement recipients to
submit documentation supporting
proposed fair share procurement
objectives for Minority Business
Enterprises (MBEs) and Women's
Business Enterprises (WBEs) based on
the availability of qualified MBEs and
WBEs in the relevant geographic
market; (2) authorizing or requiring
recipients and their prime contractors
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EPA—General
Long-Term Actions
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 07/24/03 68 FR 43824
Final Action 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4056;
Agency Contact: Kimberly Patrick,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202-564-5386
Fax: 202 501-0139
Email:
patrick.kimberly@epamail.epa.gov
Jeanette Brown, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1230A, Washington, DC
20460
Phone: 202-564-4100
Fax: 202 501-0756
Email: brown.jeanettel@epamail.epa.gov
RIN: 2020-AA39
2897. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(fJ et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: NPRM, Statutory,
August 31, 2000, Proposed rule to
eliminate the special treatment of CBI
substantiations.
Abstract: EPA regulations at 40 CFR
part 2, subpart B, provide procedures
for handling and disclosing information
claimed as confidential business
information (CBI). Although the current
regulations have succeeded in
protecting CBI, changes in Agency
workload, practice, and statutory
authority have made it difficult to
handle CBI activities as expeditiously
as desired. EPA is examining its CBI
regulations to determine whether
changes are needed to make them more
efficient and effective. Provision 40
CFR 2.205(c), which automatically
protects CBI substantiations claimed as
confidential, is being examined
individually and as part of the CBI
regulations as a whole.
Timetable:
Action
NPRM 1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Final Action
Date FR Cite
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71 366
08/30/00 65 FR 52684
12/21/00 65 FR 80394
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240;
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202-566-1649
Fax: 202 566-1639
Email: hisel-
mccoy.sara@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822-T, Washington, DC
20460
Phone: 202-566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
Environmental Protection Agency (EPA)
General
Completed Actions
2898. WASTE ISOLATION PILOT
PLANT (WIPP) FY 2003 REPORT TO
CONGRESS
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date
FR Cite
Report Sent to 12/10/04
Congress
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lisa Sharp
Phone: 202-343-9265
Fax: 202 343-2305
Email: sharp.lisa@epamail.epa.gov
Raymond Lee
Phone: 202-343-9463
Fax: 202 343-2305
Email: lee.raymond@epamail.epa.gov
RIN: 2060-AM73
2899. PERSISTENT,
BIOACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn 03/07/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Tom—HQ Murray
Phone: 202 564-8810
Fax: 202 564-8901
Email: murray.tom-hq@epamail.epa.gov
Paul Matthai
Phone: 202 564-8839
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27534
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—General
Completed Actions
Fax: 202 564-8899
Email: matthai.paul@epamail.epa.gov
RIN: 2070-AD45
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
2900. REVISION TO POLICY ON
CONTROL OF VOLATILE ORGANIC
COMPOUNDS (VOC)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: EPA is considering the
proposal of revisions to its policy on
control of volatile organic compounds
(VOC), including the use of
photochemical reactivity in controlling
VOCs. As a first step, an ANPRM will
be issued soliciting public comment on
various policy options. Subsequent
steps could range from taking no
further action to publishing a policy
statement in the Federal Register. The
ANPRM is to announce that EPA is
considering revision of its VOC policy
which appeared in the July 8, 1977
Federal Register (42 FR 35314) under
the title "Recommended Policy on
Control of Volatile Organic
Compounds." That policy statement
gave a broad description about how
EPA would approach VOC control. This
policy also said that we would be
exempting certain organic compounds
from control in volatile organic
compound regulations (to meet ozone
ambient air quality limits) due to these
compounds having very low ozone
forming potential. A list of exempt
compounds was later codified in the
definition of VOC at 40 CFR 51.100(s)
which was adopted on February 3,
1992 (57 FR 3941) for use in State
Implementation Plans. The ANPRM
will ask for public comments on
various approaches EPA may use in the
future to take photochemical reactivity
into account in controlling VOCs. The
ANPRM could lead to a policy
statement, such as the 1977 policy
statement, which would give a broad
outline of the new approach EPA
would take in the future. This would
not be a rulemaking, but the revised
policy could lead to new rules being
adopted still further in the future. (Any
such rules would be separately noticed
in the Regulatory Agenda.) For
example, the ANPRM could eventually
lead to a revision of the definition of
VOC at 40 CFR 51.100(s).
Timetable:
Action
Date
FR Cite
ANPRM
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4759;
Agency Contact: WilliamL Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202-564-1174
Fax: 202 564-1554
Email: keating.terry@epamail.epa.gov
RIN: 2060-AK75
2901. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 82, subpart F
Legal Deadline: None
Abstract: This rulemaking will propose
changes and amendments to the
refrigerant leak repair regulations (40
CFR 82, subpart F) promulgated under
section 608 of the Clean Air Act. The
goal of the regulations is to protect the
stratospheric ozone layer by
promulgating regulations that reduce
the use and emissions of ozone-
depleting refrigerants to the lowest
achievable level. This proposal will
clarify the leak repair regulations by
requiring that owners and operators of
comfort cooling, commercial
refrigeration, and industrial process
refrigeration appliances that have
ozone-depleting charges greater than 50
pounds calculate leak rates, verify all
repairs, and document repair efforts.
This rulemaking will provide further
clarity by adding definitions and
discussing compliance scenarios.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
10/00/05
04/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4856;
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202-343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM09
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27535
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
2902. NESHAP: OFF-SITE WASTE
AND RECOVERY OPERATIONS
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, July
1, 2004.
Abstract: EPA developed technology-
based emissions standards (MACT
standards) for this source category
under section 112(d) of the Clean Air
Act, codified in 40 CFR part 63, subpart
DD. The current action, required by
section 112(f) of the Clean Air Act, is
to assess residual risks after compliance
with subpart DD, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date FR Cite
NPRM
04/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4695;
Sectors Affected: 56221 Waste
Treatment and Disposal
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK68
2903. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial,
December 20, 2005.
Final, Judicial, September 27, 2006.
Abstract: On July 18, 1997, the EPA
published a final rule revising the
national ambient air quality standards
(NAAQS) for particulate matter (PM)
(62 FR 38652). While retaining the
PM10 standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421) was
published that, among other things,
anticipated that EPA would complete
the next review of the PM NAAQS by
July 2002. The EPA's plans and
schedule for the next periodic review
of the PM NAAQS were published on
October 23, 1997 (62 FR 55201). Due
to the unprecedented volume of new
research, the completion of the Criteria
Document has been extended. As result
the overall schedule for the review of
the PM NAAQS has extended beyond
the original target of July 2002. As with
other NAAQS reviews, a rigorous
assessment of relevant scientific
information will be presented in a
Criteria Document (CD) prepared by
EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will then prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The CD and
SP will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public, and both final
documents will reflect the input
received through these reviews. As the
PM NAAQS review is completed, the
Administrator's proposal to revise or
reaffirm the PM NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/06
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4255,
EDocket No.: OAR-2001-0017
http://docket.epa.gov/edkpub/do/
EDKStaffCollectionDetailView
?objectld= Ob0007d48006d9eb
URL For More Information:
http://wwwr.epa.gov/ttn/naaqs/
standards/pm/s pm index.html
Agency Contact: Mary Ross,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919-541-5170
Fax: 919 541-0237
Email: ross.mary@epamail.epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919-541-5274
Fax: 919 541-0237
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44
2904. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. The proposed
action will not impact small businesses,
or state, local, or tribal governments.
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27536
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
NPRM
Final Action
Date FR Cite
08/00/05
08/00/06
Fax: 919 541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental
Timetable:
Action
NPRM
Final Action
Date
07/00/05
06/00/06
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531;
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734-214-4227
Fax: 734 214-4816
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
2905. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/05
03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649;
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919-541-1064
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
2906. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions which do not conform
to the State implementation plan (SIP)
for the attainment and maintenance of
the national ambient air quality
standards (NAAQS). In November 1993,
EPA promulgated two sets of
regulations to implement section
176(c). First, on November 24, EPA
promulgated the Transportation
Conformity Regulations to establish the
criteria and procedures for determining
that transportation plans, programs, and
projects which are funded under title
23 U.S.C. or the Federal Transit Act
conform with the SIP. Then, on
November 30, EPA promulgated
regulations, known as the General
Conformity Regulations, to ensure that
other Federal actions also conformed to
the SIPs. The EPA has not reviewed
or revised the General Conformity
Regulations since their 1993
promulgation. Several Federal agencies
have identified concerns over the
implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4070;
Agency Contact: Dave Stonefield,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5350
Fax: 919-541-0824
Email: stonefield.dave@epamail.epa.gov
Tom Coda, Environmental Protection
Agency, Air and Radiation, C539-02,
Washington, DC 20460
Phone: 919-541-3037
Fax: 919 541-0824
Email: coda.tom@epamail.epa.gov
RIN: 2060-AH93
2907. REVIEW OF NEW SOURCES
AND MODIFICATIONS IN INDIAN
COUNTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 49
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
stationary sources and major stationary
sources of air pollution in
nonattainment areas in Indian country.
Pursuant to the Tribal Air Rule, eligible
Indian Tribes may receive EPA
authorization to develop and
implement such programs. The Federal
NSR permitting programs would be
effective throughout Indian country and
would be implemented by EPA if
eligible Indian Tribes do not elect, or
do not receive authorization, to manage
such programs. The proposed Federal
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, (3) new major sources in
nonattainment areas in Indian country,
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27537
EPA—Clean Air Act (CAA)
Proposed Rule Stage
or (4) existing major sources in
nonattainment areas in Indian country
undergoing minor modification. The
proposed rule also would allow new
or existing stationary sources of
regulated NSR pollutants and HAPs 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 permits
program. 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
08/00/05
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 3975;
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
Mark Sendzik, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919-541-5534
Email: sendzik.mark@epamail.epa.gov
RIN: 2060-AH37
2908. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority: Other Significant
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7410; 42 USC
7501 et seq
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: In 1997, EPA promulgated
revised National Ambient Air Quality
Standards (NAAQS) for fine particulate
matter (PM-2.5). The rule described in
this paragraph — the Implementation
Rule for PM-2.5 NAAQS — will
include requirements and guidance for
State and local air pollution agencies
to develop and submit State
implementation plans (SIPs) designed
to bring the areas into attainment with
the 1997 standards. These SIP-
development activities include
conducting technical analyses to
identify effective strategies for reducing
emissions contributing to PM-2.5 levels,
and adopting regulations as needed in
order to attain the standards. Ambient
air quality monitoring for 1999-2001
shows that areas exceeding the
standards are located throughout the
eastern half of the U.S. and in
California. Estimates show that
compliance with the standards will
prevent thousands of premature deaths
from heart and lung disease, tens of
thousands of hospital admissions and
emergency room visits, and millions of
absences from school and work every
year.
Timetable:
Action
Date FR Cite
NPRM
05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4752;
Agency Contact: Rich Damberg,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919-541-5592
Fax: 919 541-5489
Email: damberg.rich@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AK74
2909. PERFORMANCE
SPECIFICATION 16—SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently-
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines).
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/05
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119;
Sectors Affected: 336399 All Other
Motor Vehicle Parts Manufacturing;
333618 Other Engine Equipment
Manufacturing; 33241 Power Boiler and
Heat Exchanger Manufacturing; 333611
Turbine and Turbine Generator Set
Unit Manufacturing
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, 1806A, Research
Triangle Park, NC 27711
Phone: 919-541-1063
Fax: 202-564-7299
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
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27538
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH84
2910. STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS:
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
CFR Citation: 40 CFR 60.750; 40 CFR
60.751; 40 CFR 60.752(b)(2)(iii)(B); 40
CFR 60.752(b)(2)(iii)(C); 40 CFR
60.752(b)(2)(iii)(D); 40 CFR 60758
Legal Deadline: None
Abstract: This action will amend the
existing regulation entitled Standards of
Performance for New Stationary
Sources: Municipal Solid Waste
Landfills, subpart WWW of 40 CFR Part
60, promulgated on March 12, 1996.
The amendment is being undertaken in
response to requests to clarify our
intent regarding what constitutes an
adequate landfill gas treatment system.
This action also clarifies our intent to
exempt from control landfill gas that
is treated/upgraded. Furthermore, it
clarifies who is responsible for control
of untreated landfill gas that is sold.
This action is necessary to clarify our
intent regarding the issues discussed
above. It will improve implementation
and compliance with this regulation.
Timetable:
Action
Date
FR Cite
Proposed Amdmt 05/23/02 67 FR 36476
Supplemental NPRM 06/00/05
Final Action 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4478;
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Jolynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-5671
Fax: 919 541-0246
Email: collins.jolynn@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ41
2911. NESHAP: PRINTING AND
PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1994.
Abstract: Since publication of the final
Printing and Publishing NESHAP, we
have discovered several minor errors.
This action will correct those errors
and clarify some of the rule language.
The main change will be to correct the
instructions for determining HAP
content of inks and other materials
from formulation data. No substantive
changes will be made to the stringency
of the rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/05
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4310;
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AI66
2912. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 CFR 63, subpart
LLL. The Sierra Club and the National
Lime Association petitioned the court
to review subpart LLL, while the
American Portland Cement Alliance
(APCA) opted to negotiate a settlement
agreement. On December 15, 2000, a
panel of the D.C. Circuit issued its
opinion in National Lime Assn v. EPA.
The Court remanded the three
standards for which we established
floors of no control (hydrogen chloride
(HC1), total hydrocarbon (THC), and
mercury (Hg)). The Court found that we
committed error in not considering
other means of control, in particular,
control of HAPs in raw materials and
in fossil fuels. The Court also remanded
that we consider setting beyond-the-
floor standards for HAP metals, for
which particulate matter (PM) is a
surrogate. This action will consist of
amendments to respond to the court
remand.
Timetable:
Action
Date FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4585;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5605
Fax: 919 541-5600
Email: barnett.keith@epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
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27539
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AJ78
2913. NESHAP: ETHYLENE OXIDE
FOR STERILIZATION FACILITIES-
RESIDUAL RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 6, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA
codified in 40 CFR part 63, subpart O.
This source category covers ethylene
oxide commercial sterilizers. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. We have
completed the risk assessment, received
Work Group comments, completed
Options Selection, and have scheduled
Final Agency Review for February
2005. The assessment results show
cancer incidence less than 1.
Timetable:
Action
Date
FR Cite
NPRM 08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4654;
Sectors Affected: 3254 Pharmaceutical
and Medicine Manufacturing; 311942
Spice and Extract Manufacturing
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919-541-0837
Fax: 919 541-0942
Email:
markwordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AK09
2914. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, March
31, 2006.
Abstract: On December 14, 1994, we
promulgated National Emission
Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and
Pipeline Breakout Stations) (59 FR
64318). The national emission
standards limit and control hazardous
air pollutants (HAP) that are known or
suspected to cause cancer or have other
serious health or environmental effects.
Section 112(f)(2) of the Clean Air Act
(CAA) directs EPA to assess the risk
remaining (residual risk) after the
application of national emission
standards controls. Also, CAA section
112(d)(6) requires us to review and
revise the national emission standards
as necessary by taking into account
developments in practices, processes,
and control technologies. The proposal
in early 2005 will announce a decision
and requests public comments on the
residual risk assessment and technology
review for the national emission
standards.
Timetable:
Action
Date
FR Cite
NPRM
07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4655,
EDocket No.: OAR-2004-0019;
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK10
2915. NESHAP: INDUSTRIAL
PROCESS COOLING TOWERS
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2002.
Abstract: A national emission standard
for hazardous air pollutants (NESHAP)
for industrial process cooling towers
(IPCT) was previously promulgated
under section 112(d) of the Clean Air
Act. That standard effectively bans the
use of chromium-based water treatment
chemicals in IPCT used to remove heat
from chemical or industrial processes.
The Clean Air Act section 112(f)
requires us to assess within 8 years of
promulgation of a NESHAP the
remaining risk to the public and to
develop additional more stringent
standards if such standards are needed
to protect the public health with an
ample margin of safety. This action is
to examine the remaining risk from
IPCT and, if warranted, to develop new
risk-based standards.
Timetable:
Action
Date FR Cite
NPRM 08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4660;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AK16
2916. NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: EPA developed technology-
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standards,
as necessary, to provide an ample
margin of safety. Approximately 27,000
perchloroethylene (perc) dry cleaning
facilities are in existence. Fifteen of
these facilities are major sources (use
more than 2100 gallons of perc per
year), subject to MACT requirements
under the technology-based NESHAP
requirements. The remaining facilities
are area sources (use less than 2100
gallons of perc per year) subject to
GACT requirements under the
NESHAP. The peer reviewed risk
assessment revealed risk from major
source dry cleaning facilities in excess
of 100 in a million; therefore, EPA is
currently assessing options to reduce
risk from these facilities. EPA has
agreed with litigants to a deadline of
April 28, 2006, for completion of this
effort.
Timetable:
Action
NPRM
Final Action
Date
08/00/05
05/00/06
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4662;
Sectors Affected: 81232 Drycleaning
and Laundry Services (except Coin-
Operated)
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-2940
Fax: 919 541-5689
Email: jones.rhea@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK18
2917. NESHAP: SHIPBUILDING AND
SHIP REPAIR SURFACE COATING-
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 31, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart II.
This source category covers air-toxic
emissions from the painting (and
associated cleaning), welding, and
sandblasting of ships under
construction or repair at major sources.
Shipbuilding and ship repair operations
means any building, repair, repainting,
converting, or alteration of ships. A
"ship" means any marine or freshwater
vessel used for military or commercial
operations, including self-propelled
vessels, and navigational aids (buoys).
The term shipyard applies to any
facility that performs construction or
repair of ships, or self identifies its SIC
Codes as 3731 (and National Security
SIC Code), with no regard to physical
location or type of operation. A 1987
study showed that 14 out of 590
establishments (2.4 percent) accounted
for about 66 percent of the industry
value shipments. We estimate that there
are 52 potential major source facilities
today. The current action, required by
section 112(f) of the CAA, is to assess
residual risks from this same source
category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety. We
completed a preliminary assessment
"Residual Risk (RR) Test" using readily
available information from 10
representative, high emitting, facilities
in December 2002. A relatively simple
health protective analysis was
performed to assess the emission's
potential to produce chronic cancer and
non-cancer risks and acute non-cancer
risks to humans via the inhalation
pathway. The results of the RR test
showed that we "do not" have
sufficient data to remove the
shipbuilding source category from
consideration for a residual risk rule.
Seven out of the 10 modeled shipyards
either had cancer risk more than 1.00
E-6 or chronic hazard index (HI) = 0.2.
The results were presented to the Work
Group, EPA management, and the
appropriate stakeholders.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/06
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4666;
Sectors Affected: 336611 Ship
Building and Repairing
Agency Contact: Mohamed Serageldin,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-2379
Fax: 919 541-5689
Email:
serageldin.mohamed@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK20
2918. NESHAP: HALOGENATED
SOLVENT CLEANING—RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 2, 2002.
Abstract: The Halogenated Solvent
Cleaning NESHAP limits emissions of
HAP from solvent cleaning machines
that use any of the following
halogenated solvents: methylene
chloride, perchloroethylene,
trichloroethylene, 1,1,1, -
trichloroethane, carbon tetrachloride,
chloroform, or any combination of
these solvents in a total concentration
greater than 5 percent by weight. Each
individual solvent cleaning machine is
an affected source. The Halogenated
Solvent Cleaning NESHAP was
projected to reduce nationwide
emissions of hazardous air pollutants
(HAP) from halogenated solvent
cleaning machines by 85,300 tons per
year, or 63 percent of the 1991 baseline
emissions of 140,525 tons/year. On
December 3, 1999, the rule was
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27541
EPA—Clean Air Act (CAA)
Proposed Rule Stage
amended by adding compliance options
for continuous web cleaning machines.
Continuous web cleaning machines are
considered a subset of in-line cleaning
machines and are defined as: "a solvent
cleaning machine in which parts such
as film, coils, wire, and metal strips
are cleaned at speeds typically in
excess of 11 feet per minute. Parts are
generally uncoiled, cleaned such that
the same part is simultaneously
entering and exiting the solvent
application area of the solvent cleaning
machine, and then recoiled or cut."
This action is required by the CAA to
assess residual risk and develop
standards as necessary to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/05
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4668;
Sectors Affected: 335999 All Other
Miscellaneous Electrical Equipment
and Component Manufacturing; 332999
All Other Miscellaneous Fabricated
Metal Product Manufacturing; 336999
All Other Transportation Equipment
Manufacturing; 337124 Metal
Household Furniture Manufacturing;
332116 Metal Stamping; 339
Miscellaneous Manufacturing; 336
Transportation Equipment
Manufacturing
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919-541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK22
2919. NESHAP: MAGNETIC TAPE
MANUFACTURING OPERATIONS
RESIDUAL RISK STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 15, 2002.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. The facilities
covered by the 112(d) standard and
under investigation in the project are
Magnetic Tape coatings facilities that
manufacture audio and video recording
and computer information storage, and
emit major source levels of air toxics.
The magnetic tape coating process
entails a mixture of magnetic (metal)
particles, resins, and solvents applied
to either a plastic film or paper. The
HAP used in this industry include
methyl ethyl ketone (MEK), methyl
isobutyl ketone (MIBK), toluene,
toluene diisocyanate, ethylene glycol,
methanol, xylenes, chromium, cobalt,
ethylbenzene, and acetaldehyde. The
most common HAP solvents are MEK
(68 percent) and toluene (29 percent).
The non-HAP solvents used in this
industry include cyclohexanone,
acetone, and isopropyl alcohol (IPA).
The magnetic particles are
combinations of iron, chrome, and
cobalt. Particulate HAP emissions can
result from handling of materials,
cleaning of process equipment, and
adding dry media to mix tanks during
coating mix preparation. New processes
for manufacturing magnetic tape
products have been developed by at
least one company in recent years.
There are a total of six facilities
manufacturing magnetic tape in the
nation. Half of these are located in the
State of Alabama. The residual risk
analyses performed for this source
category and the final determination to
develop and promulgate additional
standards for the source category is
dependent on certain policy decisions.
The EPA modeled each of the six
facilities with magnetic tape
manufacturing source category emission
sources and found no facilities with a
cancer risk at or above 1 in 1 million.
The EPA also found the maximum
noncancer risks from these facilities to
be significantly below 0.2. The EPA
believes that these six facilities
constitute all of the emissions from this
source category and that the assessment
is likely to overestimate rather than
underestimate risks. Therefore, EPA has
determined that this source category
currently presents an acceptable level
of cancer and noncancer risks and
provides an ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4669;
Sectors Affected: 334613 Magnetic and
Optical Recording Media
Manufacturing; 33461 Manufacturing
and Reproducing Magnetic and Optical
Media
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK23
2920. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT :
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
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27542
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: a completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date FR Cite
NPRM 11/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919-541-1167
Fax: 919 541-0840
Email: jenkins.scott@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK84
2921. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
22, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. The
current action, required by section
112(f) of the CAA, is to assess residual
risks and develop additional emission
standards, as necessary, to provide an
ample margin of safety. This rule will
cover the major sources of air emissions
within the synthetic organic chemical
industry.
Timetable:
Action
Date
FR Cite
NPRM
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4659;
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK14
2922. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 751 lb
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
There are no new categories being
regulated nor are any limits being
lowered. Several definitions are being
updated to provide more clarity. The
variance process is being streamlined.
A correction is being made to the
address for Region 3.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/05
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309;
Sectors Affected: 32599 All Other
Chemical Product Manufacturing
Agency Contact: Bruce Moore,
Environmental Protection Agency, Air
and Radiation, C504-03, Research
Triangle Park, NC 27711
Phone: 919-541-5460
Fax: 919 541-0072
Email: moore.bruce@epamail.epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
C504-03, Research Triangle Park, NC
27711
Phone: 919-541-5396
Fax: 919 541-0072
Email: lassiter.penny@epamail.epa.gov
RIN: 2060-AI62
2923. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 80; 40 CFR 86
Legal Deadline: None
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27543
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: Motor vehicles are significant
contributors to national emissions of
several hazardous air pollutants. These
pollutants are known or suspected to
have serious health or environmental
impacts. Reducing emissions of these
pollutants will reduce risk to public
health and welfare. The Clean Air Act
requires EPA to periodically revise
requirements to control emissions of
these pollutants from mobile sources.
EPA committed to this rulemaking in
the preamble of the last rulemaking on
this topic, promulgated on March 29,
2001. This rule will address the need
for additional requirements, beyond
those associated with existing programs
and other forthcoming rules, to control
hazardous air pollutants (air toxics)
from motor vehicles, nonroad engines
and vehicles, and their fuels. Previous
mobile source programs for highway
and nonroad sources and fuels have
already reduced air toxics significantly
and will provide substantial further
reductions in coming years as new
standards and programs are phased in.
This mobile-source air toxics rule will
provide an overview of these mobile
source programs and associated toxics
emissions reductions. The rule will
then address potential changes to
gasoline fuel parameters to reduce
toxics such as benzene and the
potential for additional vehicle
controls. We are also considering
portable fuel container controls due to
their significant contribution to VOC
emissions overall and the potential for
exposure to evaporative benzene
emissions.
Timetable:
Action
Date FR Cite
NPRM 11/00/05
Final Action 07/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4748;
Sectors Affected: 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 32411 Petroleum
Refineries; 4227 Petroleum and
Petroleum Products Wholesalers
Agency Contact: Christopher Lieske,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734-214-4584
Fax: 734 214-4050
Email:
lieske. Christopher1
RIN: 2060-AK70
epa.gov
2924. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule would list whether
n-propylbromide (nPB) is an acceptable
substitute for class I and class II ozone
depleting substances used as solvents
for general metals, precision, and
electronics cleaning, as well as in
aerosol solvent and adhesives end uses.
This could provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using. The rule also would propose
specific conditions on the use of nPB
as a solvent. These might include
limiting the specific applications in
which it may be used to those with
low emissions and requiring exposure
limits consistent with industry
practices. This will ensure that nPB is
used in a manner that is safe and
environmentally protective. OSHA does
not currently regulate nPB. EPA would
revise our ruling to adopt whatever
OSHA requires if OSHA later regulates
the use of nPB. If finalized as proposed,
this rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action
Date FR Cite
NPRM
NPRM Correction
Supplemental NPRM
Final Action
06/03/03 68 FR 33283
10/02/03 68 FR 56809
09/00/05
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4599;
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Karen Thundiyil, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9464
Fax: 202 343-2362
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AK26
2925. PROTECTION OF
STRATOSPHERIC OZONE:
ADJUSTING ALLOWANCES FOR
CLASS I SUBSTANCES FOR EXPORT
TO ARTICLE 5 COUNTRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This action reinforces the
economic incentives related to the
transition of Article 5 countries to
ozone-depleting substance alternatives.
Currently, Article 5 allowances are
determined as a percentage of total
production allowances assigned to U.S.
companies for Class I ozone-depleting
substances. In accordance with the
Beijing Amendments of the Montreal
Protocol, this action establishes Article
5 allowances independently of total
production allowances.
Timetable:
Action
Date
FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4697;
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202 343-2338
Email: choban.kate@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AK45
2926. FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Info./Admin./Other
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On
5/2/02 and 5/22/03 we partially and
limitedly approved and partially and
limitedly disapproved Montana's SO2
SIP for Billings/Laurel. EPA intends to
propose a Federal Implementation Plan
(FIP) to cover those parts of the State's
plan we disapproved. EPA's FIP will
assure that the Billings/Laurel area will
attain and maintain the SO2 NAAQS.
Timetable:
Action
Date FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4542;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P-AR, Denver,
CO 80202
Phone: 303-312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epamail.epa.gov
Cynthia Cody, Environmental
Protection Agency, Regional Office
Denver, 8P-AR, Denver, CO 80202
Phone: 303-312-6228
Fax: 303 312-6064
Email: cody.cynthia'
RIN: 2008-AAOO
Timetable:
Action
Date FR Cite
epa.gov
2927. AMBIENT AIR QUALITY
MONITORING REGULATIONS:
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50 (Revision); 40
CFR 53 (Revision); 40 CFR 58
(Revision)
Legal Deadline: None
Abstract: Air pollution control
authorities use air quality data to
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by state and local agencies,
although federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts of
the network in response to changes in
air quality, advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
but we have not revised the applicable
regulations comprehensively. The
proposed revisions would remove real
or perceived constraints on redeploying
air monitoring stations; more accurately
reflect the roles of EPA and other
control authorities in designing,
reviewing, and modifying networks;
bring provisions related to quality
assurance up to date; and recognize
technological changes. The current
regulations require states to develop
plans to deploy air monitoring
networks. States generally develop new
plans only when new monitoring is
needed, such as for a new NAAQS. The
regulations need to be revised to reflect
the roles of EPA and the state and local
agencies.
NPRM
Final Action
06/00/05
03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4421;
Sectors Affected: 92411 Air and Water
Resource and Solid Waste Management;
334519 Other Measuring and
Controlling Device Manufacturing
URL For Public Comments:
oar-2004-0018
Agency Contact: Tim Hanley,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919-541-4417
Fax: 919 541-1903
Email: hanley.tim@epamail.epa.gov
Michael Papp, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27711
Phone: 919-541-2408
Fax: 919 541-1903
Email: papp.michael@epamail.epa.gov
RIN: 2060-AJ25
2928. CONTROL OF AIR POLLUTION
FROM MOTOR VEHICLES AND
ENGINES: ALTERNATIVE
LOW-SULFUR HIGHWAY DIESEL
FUEL TRANSITION PROGRAM FOR
ALASKA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a); 42 USC 7625-1
CFR Citation: 40 CFR 69 and 80
(Revision)
Legal Deadline: None
Abstract: This action will carry out a
flexibility provision for Alaska that was
included in EPA's heavy-duty diesel
rule, which was promulgated on
January 18, 2001. That rule established
more stringent national emission
standards for heavy-duty highway
vehicles and engines for the 2007
model year, and a technology-enabling
sulfur limit of 15 ppm for highway
diesel fuel beginning in 2006. In that
rule, EPA recognized Alaska's unique
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27545
EPA—Clean Air Act (CAA)
Proposed Rule Stage
geographical, meteorological, air
quality, and economic factors and
provided Alaska an opportunity to
develop its own plan to transition to
low-sulfur highway diesel fuel, as an
alternative to the national transition
program. Our goal in offering this
flexibility is to transition Alaska into
the low-sulfur fuel program in a
manner that minimizes costs, while
ensuring that the new vehicles and
engines receive the low-sulfur fuel they
need. As stated in the Federal Register
notice for the diesel rule, if Alaska
submits an alternative plan by April 1,
2002, and if EPA determines that it
provides a reasonable alternative, EPA
intends to initiate rulemaking and,
within one year from the date of
Alaska's submittal, promulgate a final
rule to incorporate the alternative plan.
A stakeholder process to develop
options is already underway in Alaska,
and the State informed EPA that it
intends to submit an alternative
transition plan in late 2001 or early
2002. This action will be in response
to that anticipated submittal. We are
also adding a related reproposal to
implement nationwide diesel fuel
content standards for nonroad,
locomotive and marine engines as it
applies to Alaska's rural areas.
Timetable:
Action
Date
FR Cite
NPRM
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4570;
Sectors Affected: 336112 Light Truck
and Utility Vehicle Manufacturing
Agency Contact: David Korotney,
Environmental Protection Agency, Air
and Radiation, 6407, Washington, DC
48105
Phone: 734-214-4507
Fax: 734-214-4050
Email: korotneydavid@epamail.epa.gov
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
6407, Washington, DC 20460
Phone: 734-214-4264
Fax: 734 214-4050
Email: machiele.paul@epamail.epa.gov
RIN: 2060-AJ72
2929. PERFORMANCE
SPECIFICATIONS FOR CONTINUOUS
PARAMETER MONITORING SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60 app B; 40
CFR 60 app F
Legal Deadline: None
Abstract: This action proposes
Performance Specification 17 (PS-17),
Quality Assurance (QA) Procedure 4,
and amendments to Appendix F, QA
Procedure 1. Performance Specification
17 and QA Procedure 4 apply to
continuous parameter monitoring
systems (CPMS). Many of the rules
promulgated under 40 CFR part 63
require owners and operators of
affected emission units to install and
operate CPMS to monitor various
parameters, such as temperature,
pressure, flow rate, and pH, associated
with the operation and performance of
emission control devices. However,
few, if any, of those rules specify
complete procedures for ensuring the
quality of the data measured by CPMS.
The proposed PS-17 establishes
procedures and other requirements that
will ensure that those CPMS are
properly selected, installed, and placed
into operation. The proposed QA
Procedure 4 specifies procedures that
will ensure that those CPMS provide
quality data on an ongoing basis. Both
PS-17 and QA Procedure 4 will help
to ensure compliance with emission
limitations established under 40 CFR
part 63. Procedure 1 of Appendix F
currently addresses QA procedures for
continuous emission monitoring
systems (GEMS) that measure a single
pollutant. The proposed amendments to
QA Procedure 1 broadens the
procedure to address the unique
requirements of GEMS that are used for
monitoring multiple pollutants.
Because several of the regulations
promulgated under 40 CFR part 63
require multiple pollutant GEMS, these
amendments are needed to ensure those
GEMS are operated in a manner that
ensures the quality of the emission data
collected. This action is not expected
to have any impacts on small entities
or State, local, or tribal governments.
Timetable:
Action
Date FR Cite
NPRM
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584;
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, C339-02,
Research Triangle Park, NC 27711
Phone: 919-541-5635
Email: parker.barrett@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AJ86
2930. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
measurement system. Introduction of
statistical quality control for all
methods should improve measurement
precision and accuracy in actual
practice across all methods.
Timetable:
Action
Date
FR Cite
NPRM
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4633;
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 54199 All Other
Professional, Scientific and Technical
Services; 334516 Analytical Laboratory
Instrument Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
48691 Pipeline Transportation of
Refined
Agency Contact: John Holley,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9305
Fax: 202 233-9557
Email: holley.john@epamail.epa.gov
Joe Sopata, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9034
Fax: 202 343-2802
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
2931. REGULATION OF FUELS AND
FUEL ADDITIVES: MODIFICATIONS TO
STANDARDS AND REQUIREMENTS
FOR REFORMULATED AND
CONVENTIONAL GASOLINE
INCLUDING BUTANE BLENDERS AND
ATTEST ENGAGEMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7454(c); 42 USC 7454(k); 42 USC 7601
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Through the Clean Air Act
Amendments of 1990, Congress
mandated that EPA promulgate
regulations for reformulated and
conventional gasoline. The purpose of
this mandate was to reduce vehicle
emissions of toxic and ozone-forming
compounds. EPA published the
regulations on February 16, 1994. On
July 11, 1997, EPA published a
proposed rule that included various
minor adjustments to the 1994 rule.
The emissions benefits achieved from
the reformulated gasoline and
conventional gasoline programs would
not be reduced by the proposed
changes. On December 31, 1997, EPA
finalized many of the proposed
changes. This rule would finalize
certain other of the remaining changes
that were not included in the December
31, 1997 final rule. These changes make
minor adjustments to the structure of
the reformulated gasoline and
conventional gasoline programs, correct
technical errors, and codify guidance
previously issued by the Agency. This
rule also makes several minor technical
corrections to the reformulated gasoline
rule which were not included in the
aforementioned July 11, 1997, proposal,
and makes minor technical corrections
to the gasoline sulfur rule.
Timetable:
Action
Date FR Cite
NPRM 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4758;
Sectors Affected: 42271 Petroleum
Bulk Stations and Terminals; 32411
Petroleum Refineries
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77
2932. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ALLOWABLES
PLANTWIDE APPLICABILITY LIMIT
(PAL), AGGREGATION, AND
DEBOTTLENECKING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: These rules clarify when less
than significant emissions increases
from multiple activities at a single
major stationary source must be
considered together for the purposes of
determining major new source review
(NSR) applicability (aggregation). We
are also changing in the way emissions
from permitted emissions units
upstream or downstream from those
undergoing a physical change or change
in the method of operation are
considered when determining if a
proposed project will result in a
significant emissions increase
(debottlenecking). The rules also
provide an allowables plantwide
applicability limit (PAL) option that is
based on the allowable emissions from
major stationary sources. A PAL is an
optional approach that provides the
owners or operators of major stationary
sources with the ability to manage
facility-wide emissions without
triggering major NSR. The added
flexibility of a PAL allows sources to
respond rapidly to market changes
consistent with the goals of the NSR
program. The regulations for
aggregation and debottlenecking are
intended to improve implementation of
the program by articulating principles
for determining major NSR
applicability that were previously
addressed through guidance only. The
purpose of the allowables PAL rule is
to encourage major stationary sources
to install state-of-the-art controls in
exchange for regulatory certainty and
flexibility.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/05
03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4793;
Agency Contact: Juan Santiago,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-1084
Fax: 919 541-5509
Email: santiago.juan@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27711
Phone: 919-541-5344
Fax: 919 541-5509
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: rao.raj@epamail.epa.gov
RIN: 2060-AL75
2933. SECTION 126 RULE:
WITHDRAWAL OF FINDINGS FOR
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52.34
Legal Deadline: None
Abstract: In response to petitions
submitted by four northeastern States,
in January 2000, EPA issued the
Section 126 Rule which required
sources in Michigan and certain other
States to reduce nitrogen oxides (NOx)
emissions for the purpose of reducing
interstate ozone transport. EPA
coordinated the Section 126 Rule with
another rule known as the NOx State
implementation plan (SIP) Call, which
also addresses ozone transport in the
eastern half of the United States. EPA
established a mechanism in the Section
126 Rule whereby the rule would be
withdrawn for sources in a State if the
State submitted, and EPA approved, a
SIP that complied with the NOx SIP
Call. This was a practical way to
address the overlap between the two
rules and avoid having sources be
subject to two sets of potentially
different NOx transport control
requirements. As the result of court
actions, the compliance dates for the
Section 126 Rule and the NOx SIP Call
have been delayed and the NOx SIP
Call has been divided into two phases.
Therefore, in a separate action, EPA
proposed to revise the Section 126 Rule
withdrawal provision so that it will
continue to operate under these new
circumstances. Under that proposal,
where a State submits a NOx SIP that
meets only Phase 1 of the NOx SIP
Call, EPA would need to make a
determination that the SIP controls the
total group of Section 126 sources to
the same stringency as the Section 126
Rule would before the Section 126 Rule
could be withdrawn. The EPA has
since approved the Michigan NOx SIP.
In this current action, EPA is proposing
that the SIP meets the proposed Section
126 Rule withdrawal criteria, and
therefore, EPA is proposing to
withdraw the redundant Section 126
Rule for sources in Michigan.
Timetable:
Action
Date
FR Cite
NPRM
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 4796;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
2934. LIFTING THE STAY OF THE
EIGHT-HOUR PORTION OF THE
FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
(NOX SIP CALL)
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call) (63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of Columbia
(hereinafter referred to as '23 States')
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
(American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).) EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245)
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing to lift the stay of our findings
in the NOx SIP Call contained in 40
CFR sec 51.121(a)(2), related to the 8-
hour ozone national ambient air quality
standards (NAAQS). This action does
not create any new requirements; it
merely reinstitutes a requirement of the
NOx SIP Call that had previously been
stayed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/06
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4797;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5665
Fax: 919-541-0824
Email: king.jan@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL84
2935. PROTECTION OF
STRATOSPHERIC OZONE;
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT AND EXPORT; CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671
CFR Citation: 40 CFR 82 (Revision)
Legal Deadline: None
Abstract: Although an allowance
allocation system for controlling
hydrochlorofluorocarbon (HCFC)
production, import, and export was
established with publication of the final
rule on January 21, 2003 (SAN 4120,
RIN 2060-AH67), several issues
associated with that system have arisen
that need to be amended for clarity and
consistency.
Timetable:
Action
Date
FR Cite
NPRM
05/00/05
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4804;
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9729
Fax: 202-343-2337
Email: newberg.cindy@epamail.epa.gov
Tom Land, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AL90
2936. AMENDMENTS TO THE NESHAP
FOR CELLULOSE PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On July 11, 2002, EPA
promulgated National Emission
Standards for Hazardous Air Pollutants
(NESHAP) for the Cellulose Products
Manufacturing industry. The EPA was
subsequently petitioned by two affected
facilities concerning several issues. The
EPA has engaged in negotiations with
these facilities concerning the issues
and is issuing these amendments to
address the concerns. The amendments
clarify several definitions and provide
clearer and consistent directions on
complying with the standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/05
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4808;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5032
Fax: 919 541-3470
Email: schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AL91
2937. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES AND VEHICLES ABOVE
14,000 POUNDS AND IN-USE,
NOT-TO-EXCEED EMISSION
STANDARD TEST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: EPA is proposing to establish
On-Board Diagnostic (OBD)
requirements for Heavy-Duty On-
Highway and Non-Road vehicles and
engines greater than 14,000 pounds
gross vehicle weight. This action will
also propose to require manufacturers
of these vehicles and engines to make
available emissions-related service
information to after market service
providers. OBD systems are intended to
monitor the performance of emission
controls on these vehicles and engines
to ensure proper functionality and
compliance with emissions standards.
This notice also proposes a
manufacturer run in use testing
program for heavy-duty engines and
vehicles to assess compliance with the
applicable not to exceed standards
beginning in 2007. This portion of the
notice has a court-ordered date for May
2004 and final May 2005 as a result
of a settlement between EPA , ARB,
and Engine Manufacturers.
Timetable:
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4405
Fax: 734 214-4053
Email: sherwrood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 734-214-4288
Fax: 734 214-4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
2938. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING EMERGENCY USES
OF METHYL BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: PL 105-277, sec 764
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Under the Clean Air Act and
the Montreal Protocol on substances
that deplete the ozone layer, this rule
will seek to create an exemption for
emergency uses of methyl bromide, an
ozone depleting substance, after the
phase-out date of 2005. This exemption
will be limited to no more than 20
metric tons per emergency event. This
is a deregulatory action that will
decrease burden on producers,
importers, distributors and applicators
of methyl bromide as well as end-users
of methyl bromide who are growers and
owners of stored food products while
still achieving the environmental
objectives of the program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Action
Date FR Cite SmaM Entjtjes Affected: No
NPRM
Final Action
05/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4809;
Agency Contact: Todd Sherwood,
Environmental Protection Agency, Air
Government Levels Affected: None
Additional Information: SAN No. 4819;
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202 343-2338
Email: choban.kate@epamail.epa.gov
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27549
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AL94
2939. 5-YEAR REVIEW OF MACT
STANDARDS FOR LARGE MWC
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: Final, Judicial, April
28, 2006.
Abstract: Under section 129 of the
Clean Air Act (CAA), EPA is required
to adopt and implement maximum
achievable control technology (MACT)
standards for both new and existing
large municipal waste combustion units
(MWC). Those MACT standards have
been adopted and fully implemented
with all retrofits completed. Section
129(a)(5)of the CAA requires EPA to
review and, if necessary, revise those
standards every 5 years. This
rulemaking addresses those
requirements and is the first 5-year
review of the MACT standards.
Implementation of these MACT
standards has been highly effective and
has reduced dioxin/furan emissions by
more than 99 percent since 1990 and
mercury emissions by more than 95
percent since 1990. Similar reductions
have occurred for other CAA section
129 pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/05
05/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4829;
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C-439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5264
Fax: 919 541-5450
Email: stevenson.walt@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AL97
2940. ALTERNATIVE WORK
PRACTICE FOR LEAK DETECTION
AND REPAIR
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63; 40 CFR 65
Legal Deadline: None
Abstract: This rule would amend
existing regulations controlling
emissions of volatile organic
compounds (VOC) and hazardous air
pollutants (HAP) under the Clean Air
Act. These regulations are codified at
40 CFR parts 60, 61, 63, and 65. These
regulations require periodic leak
detection and repair (LDAR) of pumps,
valves, and connectors. The current
work practice requires each pump,
valve, and connector to be individually
monitored for leaks. Facilities have had
LDAR programs in place for over 20
years and view them as burdensome
because they are labor intensive. Newer
image based monitoring technology is
being developed which will detect
leaks at a reduced costs because of the
ability to monitor multiple components
at one time. This rule would amend
the existing regulations to enable the
plant operators to use the new
technology.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4830;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919-541-0837
Fax: 919 541-0942
Email:
markwordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AL98
2941. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7522 to 7621
CFR Citation: 40 CFR 92 and 94
Legal Deadline: None
Abstract: This rule will set an
additional tier of more stringent
exhaust emission standards for new
locomotives and new marine
compression-ignition engines below 30
liters per cylinder. Pollutants to be
regulated are primarily nitrogen oxides
(NOx) and particulates. These new
standards are expected to reflect the
emission reductions achievable through
the application of advanced emission
control technologies, including high-
efficiency catalytic exhaust emission
control devices, and the availability
and use of low-sulfur diesel fuel.
Applying these technologies could
result in a 90 percent reduction in
exhaust emissions. The standards will
build on our existing locomotive and
marine diesel engine emission control
programs, and will likely be modeled
on our highway and nonroad diesel
programs. The advanced technologies
we are considering would take
advantage of the fact that low-sulfur
fuel for these engines will already be
available as a result of previous
regulation in our nonroad program.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
06/29/04 69 FR 39276
11/00/05
06/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4871;
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27550
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Jean—Marie Revelt,
Environmental Protection Agency, Air
and Radiation, 6401A, Ann Arbor, MI
48105
Phone: 734-214-4822
Email: revelt.jean-
marie@epamail.epa.gov
RIN: 2060-AM06
2942. NESHAP: AREA SOURCE
STANDARDS — PAINT STRIPPING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
December 15, 2005.
Final, Statutory, December 15, 2006.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources consisting
of several smaller pollution sources
grouped within one site. As part of that
strategy, several area-source categories
were listed for possible regulation.
Paint stripping area sources was listed
as one of those categories, and this
rulemaking will address measures to
control pollution from the paint-
stripping category.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
01/00/06
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4861;
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM07
2943. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1960; 40 CFR
63.1975; 40 CFR 63.1980
Legal Deadline: None
Abstract: This action will address
issues concerning the National
Emission Standards for Hazardous Air
Pollutants: Municipal Solid Waste
Landfills, that was published on
January 16, 2003. We will revise the
startup, shutdown, and malfunction
provisions promulgated in the rule in
response to requests for more
flexibility. We will clarify that the
moisture balance calculations should be
calculated on a wet weight basis as a
response to requests about the intent
of the promulgated rule. We will
correct errors in the compliance dates
for the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/05
05/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4846;
Agency Contact: Jolynn Collins,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-5671
Fax: 919 541-0246
Email: collins.jolynn@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM08
2944. NESHAP: AREA SOURCE
STANDARDS — ETHYLENE OXIDE
HOSPITAL STERILIZATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: The Clean Air Act requires
the EPA to list source categories that
contribute to the emissions of 30 listed
(or area source) HAPs, and that are, or
will be, subject to standards under
section 112 of the Act. Sterilization
processes use ethylene oxide which is
one of the 30 listed HAPs. Hospital
sterilization is a major source of
ethylene oxide relative to other are
source categories considered for listing.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 4859;
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919-541-0837
Fax: 919 541-0942
Email:
markwrordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AM14
2945. NESHAP: AREA SOURCE
STANDARDS — OIL AND NATURAL
GAS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 779
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: This regulation is being
pursued under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP and 25 tons/year of
all HAP. As part of that strategy,
several area-source categories were
listed for regulation. Oil and Natural
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27551
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Gas (ONG) production sources was
listed as one of those categories, and
this rulemaking will address measures
to control pollution from ONG
facilities. Oil and natural gas
production processes are known to emit
benzene, toluene, ethyl-benzene and
xylene. In 1999, EPA promulgated the
NESHAP for Oil and Natural Gas
Production.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/05
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4875;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM16
2946. NESHAP: TOTAL FACILITY LOW
RISK DETERMINATION (TFLRD) FOR
RESIDUAL RISK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(f] of the Clean
Air Act requires that we assess residual
risk remaining after MACT and develop
additional emission standard, as
necessary, to provide an ample margin
of safety. Many facilities have
numerous MACT standards that they
are subject to. This action will provide
a procedure for facilities to assess risk,
and if a facility wide low risk
determination can be shown, to avoid
applicable residual risk standards. The
evaluation will be made on a facility
wide HAP emissions basis.
Action
Date FR Cite
NPRM 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4848;
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM22
2947. NESHAP: HYDROCHLORIC ACID
PRODUCTION AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: On April 17, 2003, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for the Hydrochloric Acid
Production industry. Subsequent to
promulgation, EPA received a number
of concerns and issues from the
industry related to technical
corrections, definitions, and
applicability matters. The EPA is
amenable to making many of the
suggested corrections but believes that
proposal of the changes is necessary.
In addition, the OSWER would like to
include the storage and transfer
operations at sources subject to their
HC1 production rule to the subpart
NNNNN rule which would also require
proposal. The amendments are
expected to have little or no impact on
the plants now covered by the HC1
production rule. No adverse economic
impacts are expected. The total
nationwide capital and annual costs
associated with the amendments are
negligible. No price impacts are
projected. No significant impacts on a
substantial number of small entities are
expected.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/05
09/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4867;
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Washington,
DC 20460
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwrell.bill@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM25
2948. STRATEGY FOR ADDRESSING
AIR EMISSIONS FROM ANIMAL
FEEDING OPERATIONS
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This notice describes a
strategy for addressing air emissions
from animal feeding operations (AFOs).
In this notice, we summarize the public
concerns that have been raised about
emissions from AFOs and explain the
substantial scientific uncertainties
pertaining to emission levels, public
health and welfare effects, and
emission control techniques for this
industry. Resolving all the uncertainties
will require substantial time and
research. Nevertheless, some cost
effective management practices for
reducing emissions are available today,
and the use of these practices will
mitigate some of the adverse effects of
these emissions. Early public input on
a set of goals for an emission control
program for AFOs and on an intended
regulatory approach to begin reducing
AFO emissions and solving some of the
environmental problems based on
information that is available today.
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27552
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM 01/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4865;
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5032
Fax: 919 541-3470
Email: schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM26
2949. REQUIREMENTS FOR
TRANSMIX PROCESSING AND
BLENDING UNDER THE
REFORMULATED GASOLINE AND
GASOLINE SULFUR RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545 (c) and
7545(k)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule codifies existing
guidance for transmix processors and
blenders in the Reformulated Gasoline
regulations. Transmix is a mixture of
gasoline and distillate produced by
pipelines—transmix processors distill
the transmix into separate gasoline and
distillate products, and transmix
blenders blend small amounts of
transmix into gasoline. The rule also
establishes gasoline sulfur standards for
transmix processors and blenders that
are consistent with the sulfur standards
for other entities downstream of
refineries, such as pipelines and
terminals, in the gasoline distribution
system. The rule will provide
operational flexibility for transmix
processors and blenders without
causing any adverse environmental
impacts.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4853;
Agency Contact: Chris McKenna,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-343-9037
Fax: 240 363-8260
Email: mckenna.chris@epamail.epa.gov
RIN: 2060-AM27
2950. NESHAP: SURFACE COATING
OF METAL CANS—TECHNICAL
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for metal can surface coating operations
located at major sources of hazardous
air pollutants (HAP) were promulgated
on 11/13/2003 (68 FR 64432). The final
standards implement section 112(d) of
the Clean Air Act (CAA) by requiring
these operations to meet HAP emission
standards reflecting the application of
the maximum achievable control
technology (MACT). The final rule will
protect air quality and promote public
health by reducing emissions of HAP
from facilities in the metal can surface
coating source category. This action
would provide technical amendments
and clarify monitoring provisions in the
surface coating of metal cans final rule.
Timetable:
Action
Date FR Cite
NPRM
09/00/05
Action
Date
FR Cite
NPRM
07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4864;
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-0283
Fax: 919 541-5689
Email:
almodovar.paul@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AM28
2951. NESHAP: SITE REMEDIATION:
AMENDMENTS
Priority: Routine and Frequent
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. This action will revise
language in the final rule to correct
errors or language that doesn't reflect
our intent. Specifically, we will revise
language specifying where the
concentration for remediation material
management units (RMMU) is
measured from point of extraction to
point of treatment as proposed in the
original rule. We will also clarify that
facilities with current site remediations
can use the 1 Mg HAP exemption if
they currently meet that level. We will
also clarify that facilities meeting
equipment leak standards for part 61
or other part 63 standards are exempt
from those provisions in 63 subpart
GGGGG. Some grammatical things and
incorrect section references will be
fixed too.
Timetable:
Action
Date FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4866;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27553
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: hustvedt.ken@epa.gov
RIN: 2060-AM30
2952. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES AND
NEW MOTOR VEHICLE ENGINES:
AMENDMENTS TO EVAPORATIVE
EMISSIONS REGULATIONS AND
TECHNICAL AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 9; 40 CFR 86
Legal Deadline: None
Abstract: This action includes
technical amendments to several
portions of certification requirements
and test procedures applicable to light-
duty vehicles, light duty trucks, and
heavy-duty vehicles. These
amendments include minor revisions to
clarify regulations. These amendments
also include revisions to the
evaporative compliance procedures,
which are intended to reduce the
certification burden associated with
conducting 2-day, 3-day, and ORVR
procedures without affecting the level
of stringency, ref. EPA guidance letter
CCD-02-20, December 31, 2002;
(Subject: Request for Comments on
Potential Evaporative Regulation
Changes; Evaporative Guidance for
Certification and In-use Testing).
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/05
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4880;
Agency Contact: Julia Rege,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4614
Fax: 734 214-4053
Email: rege.julia@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 734-214-4851
Fax: 734 214-4053
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AM32
2953. CONTROL OF EMISSIONS FROM
SPARK-IGNITION ENGINES AND
FUEL SYSTEMS FROM MARINE
VESSELS AND SMALL EQUIPMENT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7521 to
7601 (a)
CFR Citation: 40 CFR 90
Legal Deadline: NPRM, Statutory,
December 1, 2004.
Final, Statutory, December 31, 2005.
Abstract: In this action, we are
proposing exhaust emission standards
for spark-ignition marine engines and
small land-based engines (less than 19
kW). We are also proposing evaporative
emission standards for vessels and
equipment using these engines.
Nationwide, these emission sources
contribute to ozone, carbon monoxide
(CO), and particulate matter (PM)
nonattainment. These pollutants cause
a range of adverse health effects,
especially in terms of respiratory
impairment and related illnesses. The
proposed standards would help States
achieve and maintain air quality
standards. In addition, these standards
would help reduce acute exposure to
CO, air toxics, and PM.
Timetable:
Action
Date
FR Cite
NPRM 01/00/06
Final Action 05/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4882;
Agency Contact: Glenn Passavant,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
2954. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The final rule was published
on November 10, 2003. Several parties
petitioned the rule and this action will
address issues raised by the petitioners.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/05
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4891;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM43
2955. FLEXIBLE AIR PERMIT RULE
Priority: Other Significant
Legal Authority: Clean Air Act title V
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: EPA is conducting a flexible
permits rulemaking based on what it
has learned from its field experiences.
The term "flexible permit" is used to
describe air permits with conditions
designed to reduce the administrative
"friction" — costs, time, delay,
uncertainty, and risk — experienced by
sources and permitting authorities
when implementing a permit or making
changes under the permit. This is
typically accomplished by authorizing
a source to make certain types of
changes (e.g., additional equipment
and/or modifications to a source's
method of operation, equipment, raw
materials, emission factors, or
monitoring parameters) without
requiring further review and/or
approval provided the source meets
specific criteria outlined in its permit.
While the chosen solution will depend
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
on individual State permitting rules
and requirements, such techniques
typically include descriptions of
changes or categories of changes
authorized to occur under the approved
permit terms, one or more emissions
caps to safeguard NAAQS and/or to
assure certain requirements are not
applicable, procedures for testing
pollution control device performance
and updating emissions factors or
parameter values without requiring the
permit to be amended or re-opened,
streamlining of redundant requirements
by applying the most stringent
applicable requirement, and provisions
to encourage pollution prevention.
Flexible permitting has the potential to
benefit a wide variety of types of
facilities that are regulated under the
CAA's title V operating permits
program. Among the benefits flexible
permits are anticipated to provide are:
improved knowledge of a facility's
emissions for the entire site; improved
public understanding of a facility's
activities over an extended period of
time; increased certainty and flexibility
to make changes in response to the
market; and no less environmental
protection (i.e., often more occurs from
the use of emissions caps and the
increased use of pollution prevention
practices).
Timetable:
Action
Date
FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885;
Agency Contact: Dave Dellarco,
Environmental Protection Agency, Air
and Radiation, OEA-095, Seattle, WA
98101
Phone: 206-553-4978
Fax: 206-553-0119
Email: dellarco.dave@epa.gov
Stacey Coburn, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202-564-2569
Fax: 202 564-1554
Email: coburn.stacey@epa.gov
RIN: 2060-AM45
2956. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR ARCHITECTURAL COATINGS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 59 subpart D
Legal Deadline: None
Abstract: This action would amend the
national volatile organic compound
emission standards for architectural
coatings by adding new coating
categories for certain coating
chemistries which did not exist when
the original rule was promulgated. We
are reviewing new data from one
architectural coating manufacturer and
after this review, we will determine if
these amendments are necessary.
Timetable:
Action
Date FR Cite
NPRM
11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4905;
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AM47
2957. CONTROL OF ULTRA LOW
SULFUR DIESEL FUEL LUBRICITY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This action proposes to
establish a new lubricity quality
requirement for ultra low sulfur diesel
fuel used in diesel engines. This
requirement will seek to eliminate the
incidence of emissions noncompliance
due to premature wear of fuel injection
equipment caused by inadequate fuel
lubricity levels.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/06
04/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4899;
Agency Contact: Chris Laroo,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4937
Fax: 734 214-4055
Email: laroo.chris@epamail.epa.gov
RIN: 2060-AM48
2958. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
CERTIFICATION OF RECOVERY AND
RECOVERY/RECYCLING EQUIPMENT
INTENDED FOR USE WITH
SUBSTITUTE REFRIGERANTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 00 CFR 00
Legal Deadline: None
Abstract: This rule would amend the
rule on refrigerant recycling equipment
intended for use with Substitute
Refrigerants. This amendment would
clarify how the requirements of Clean
Air Act Section 608 extend to
refrigerant recovery and/or recycling
equipment intended for use with
substitutes for CFC and HCFC
refrigerants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/05
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4916;
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9870
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Proposed Rule Stage
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Nancy Smagin, Environmental
Protection Agency, Air and Radiation,
6205-J, Washington, DC 20460
Phone: 202-343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM49
2959. NATIONAL EMISSION
STANDARDS FOR
PHARMACEUTICALS PRODUCTION;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action amends
wastewater provisions in the final rule
to be more consistent with later
standards for chemical manufacturing.
Timetable:
Action
Date
FR Cite
NPRM 05/00/05
Direct Final Rule 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4892;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM52
2960. PROTECTION OF
STRATOSPHERIC OZONE:
MODIFICATIONS TO THE TECHNICIAN
CERTIFICATION REQUIREMENTS
UNDER SECTION 608 OF THE CLEAN
AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is amending appendix
D to subpart F of 40 CFR part 82-
Standards for Becoming a Certifying
Program for Technicians. The
Refrigerant Recycling Regulations
governing standards for certifying
programs for technicians were
promulgated under section 608 of the
Clean Air Act Amendments of 1990
(May 1994; 59 FR 28660). These
regulations were amended in November
9, 1994 (59 FR 559120) to clarify the
scope of the technician certification
requirements and to provide a limited
exemption from certification
requirements for apprentices. Today's
amendment to the regulation will
provide specific requirements for
programs applying to become certifying
organizations, will specify reporting
and recordkeeping requirements in
order to enhance implementation of the
program, and will define other
administrative components of the
program to improve accountability.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4901;
Agency Contact: Nancy Smagin,
Environmental Protection Agency, Air
and Radiation, 6205-J, Washington, DC
20460
Phone: 202-343-9126
Fax: 202 343-2337
Email: smagin.nancy@epamail.epa.gov
RIN: 2060-AM55
2961. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR);
MAINTENANCE AND REPAIR
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21
Legal Deadline: None
Abstract: This rulemaking is a follow
up to SAN 4676, which is a final rule
that specifies categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program (40 CFR parts 51 and
52). SAN 4676's final action — referred
to as the "equipment replacement
provision" (ERP) — was promulgated
in the Federal Register on 10/27/03 (68
FR 61248). This action, SAN 4676.3,
would propose more detailed
approaches for establishing a regulatory
definition for maintenance and repair
activities (that are not equipment
replacements) that qualify for the
RMRR Exclusion from Major NSR. We
proposed options for this SAN in our
RMRR proposal on 12/31/02 (67 FR
80920). However, our current intention
is to re-propose this action in order to
solicit comment on another set of
options.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/05
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No.
4676.3; Split from RIN 2060-AK28.
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM62
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
2962. AREA SOURCE NESHAP FOR
SECONDARY NONFERROUS METALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) requires the development of
standards for area sources which
account for 90% of the emissions in
urban areas of the 33 urban hazardous
air pollutants (HAP) listed in the
Integrated Urban Air Toxis Strategy.
The secondary nonferrous metals
source category includes establishments
primarily engaged in recovering
nonferrous metals and alloys from new
and used scrap and dross or in
producing alloys from purchased
refined metals. This industry includes
establishments engaged in both the
recovery and alloying of precious
metals. Plants engaged in the recovery
of tin through secondary smelting and
refining, as well as by chemical
processes, are included in this industry.
Secondary refining and smelting
produces metals from scrap and process
waste. Scrap is bits and pieces of metal
parts, bars, turnings, sheets, and wire
that are off-specification or worn-out
but are capable of being recycled. Two
metal recovery technologies are
generally used to produce refined
metals. Pyrometallurgical technologies
are processes that use heat to separate
desired metals from other less or
undesirable materials, while
hydrometallurgical technologies the
desired metals are separated from
undesirables using techniques that
capitalize on differences between
constituent solubilities and/or
electrochemical properties while in
aqueous solutions. The secondary
nonferrous metals source category is
listed to address some of the urban
metal HAP's like lead and chromium
compounds in addition to arsenic.
Timetable:
Action
Date
FR Cite
NPRM 02/00/06
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4888;
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5308
Fax: 919-541-5450
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM70
2963. NESHAP FOR STAINLESS AND
NONSTAINLESS STEEL ELECTRIC
ARC FURNACE (EAF)
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: There are approximately 93
small steel mills (minimills) that melt
steel scrap in 142 electric arc furnaces
(EAF). Minimills account for roughly
half of US steel production (about 50
million tons per year). The scrap
charged to the furnace is the source of
HAP emissions. A major source of
scrap is recycled automobiles, which
may contain mercury switches, lead
components, oil, grease, plastics, and
other materials that can contribute to
HAP emissions. Pollutants of interest
for the EAF NESHAP are manganese,
lead, chromium, nickel, and mercury.
Timetable:
Action
Date FR Cite
NPRM
12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4889,
EDocket No.: OAR-2004-0083;
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-4516
Fax: 919-685-3219
Email: kissell.mary@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM71
2964. NESHAP: GENERAL
PROVISIONS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1
Legal Deadline: None
Abstract: The proposed amendments
would revise and codify EPA's policy
on when a major source can become
an area source, and thus become not
subject to national emission standards
for hazardous air pollutants (NESHAP)
for major sources. EPA is reconsidering
the policy, established in May 16, 1995
memorandum, which allows sources to
attain area source status prior to the
source's first substantive compliance
date of an applicable NESHAP for
major sources. No source would be
subject to the requirements unless they
voluntarily decided to implement them.
Timetable:
Action
Date
FR Cite
NPRM
06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4908;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919-541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM75
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Proposed Rule Stage
2965. NESHAP: INTEGRATED IRON
AND STEEL; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
integrated iron ansd steel facilities on
May 20,2003. The EPA was
subsequently petitioned by industry
and Earthjustice concerning several
issues. The EPA has engaged in
negotiations with both industry and
Earthjustice concerning the issues and
is issuing these amendments to address
the concerns. The amendments clarify
several sections of the rule and provide
clearer and consistent directions on
complying with the standards.
Timetable:
Action
Date FR Cite
NPRM 11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4909;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM76
2966. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This amendment will make
technical corrections, clarify intent, and
propose changes to the testing
requirements for risk assessments.
Changes to the testing requirements
would reduce costs of testing and
address hard-to-test process units. The
action is planned to be proposed on
the same day as a reconsideration
notice (SAN 4911.1).
Timetable:
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4911;
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-4516
Fax: 919-685-3219
Email: kissell.mary@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919-541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM78
2967. NSPS FOR RECIPROCATING
INTERNAL COMBUSTION
COMPRESSION IGNITION ENGINES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Clean Air Act sec 111
CFR Citation: None
Legal Deadline: None
Abstract: This project is to develop
New Source Performance Standards
(NSPS) for stationary reciprocating
internal combustion compression
ignition (diesel) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a tight litigated schedule to be
proposed by June 05 and promulgated
by June 06. Information gathering began
in early April 04 and will result in the
development of regulatory packages to
propose and promulgate an NSPS
standard.
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN No. 4914;
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5263
Email: roy.sims@epamail.epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919-541-5340
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AM82
2968. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAP) from surface coating operations
performed on-site at installations
owned or operated by the Armed
Forces of the United States (including
the Coast Guard and the National
Guard of any such state) or the National
Aeronautics and Space Administration
and the surface coating of military
munitions manufactured by or for the
Armed Forces of the United States
(including the Coast Guard and the
National Guard of any such state).
Aerospace and shipbuilding surface
coating operations at these installations
were originally covered by the already-
promulgated MACT standards for
aerospace manufacturing and rework
and shipbuilding and ship repair.
However, other recently-promulgated
surface coating MACT standards were
also expected to address other surface
coating operations at these installations
(e.g., miscellaneous metal parts and
products, plastic parts and products,
etc.). Following proposal of these
standards EPA received comments
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this mlemaking will
address all surface coating activities at
these installations which do not meet
the applicability criteria of either the
Aerospace Manufacturing and Rework
or Shipbuilding and Ship Repair MACT
standards.
Timetable:
Action
Date FR Cite
NPRM 12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539—03, Research
Triangle Park, NC 27711
Phone: 919-541-5580
Fax: 919 541-5689
Email: teal.kim@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AM84
2969. NESHAP: IRON AND STEEL
FOUNDRIES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
iron and steel foundries on April 22,
2004. EPA was subsequently petitioned
by industry concerning several issues.
EPA has engaged in negotiations with
industry concerning these issues and is
issuing these amendments to address
the concerns. The amendments clarify
several sections of the rule and provide
clearer and more consistent directions
on complying with the standards.
Timetable:
Action
Date
FR Cite
NPRM
02/00/06
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4927;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM85
2970. NESHAP: TACONITE IRON ORE
PROCESSING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron
Ore Processing on October 30, 2003 (68
FR 61867). EPA was subsequently
petitioned by National Wildlife
Federation (NWF) concerning several
technical issues, including the alleged
failure for EPA to establish emission
standards for mercury and asbestos.
EPA has decided to voluntarily remand
both the mercury and asbestos sections
of the rule. The motions for both
remands were granted by the United
States Court of Appeals.
Timetable:
Action
Date FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4929;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM87
2971. PART 63 GENERAL
PROVISIONS—RESPONSE TO
PETITION TO RECONSIDER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This notice will propose a
response to the Natural Resource
Defense Council's petition to reconsider
certain aspects of the May 30, 2003,
amendments to the part 63 General
Provisions. The primary issue is public
access to startup, shutdown, and
malfunction plans. At this point it is
not known if there will be any
regulatory revisions.
Timetable:
Action
Date FR Cite
NPRM
08/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4934;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919-541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM89
2972. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): RECONSIDERATION
OF INCLUSION OF FUGITIVE
EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27559
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: On July 11, 2003, EPA
received a petition for reconsideration
on behalf of Newmont USA Limited,
dba Newmont Mining Corporation
(Newmont) that stated that the
December 31, 2002 (67 FR 80185) final
rule included fugitive emissions for the
purposes of determining whether a
facility had undergone a major
modification for the first time. The EPA
is announcing their reconsideration of
this issue arising from our final rules
of December 31, 2002.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/05
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4940;
Agency Contact: Pam Long,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919 541-0641
Fax: 919 541-5509
Email: long.pam@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM91
2973. FEDERAL IMPLEMENTATION
PLANS TO REDUCE INTERSTATE
TRANSPORT OF FINE PARTICULATE
MATTER AND OZONE
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: This action proposes Federal
implementation plans that may be
needed if States fail to revise their State
implementation plans to comply with
the Clean Air Interstate Rule. The Clean
Air Interstate Rule (see SAN 4794
elsewhere in this Regulatory Agenda),
which EPA proposed in January 2004,
would establish statewide emissions
reduction requirements for nitrogen
oxides (NOx) and sulfur dioxide (SO2)
in order to eliminate the emissions that
are significantly contributing to fine
particulate matter (PM2.5) and 8-hour
ozone nonattainment problems in
downwind States. NOx and SO2 are
precursors to PM2.5 pollution; NOx is
also a precursor to ozone pollution.
Controlling these emissions will assist
the downwind areas in meeting the
PM2.5 and 8-hour ozone national
ambient air quality standards. In the
FIP action, EPA intends to propose
Federal NOx and SO2 trading programs
for electric generating units. The EPA
is required to promulgate a FIP within
2 years of: 1) finding that a State has
failed to make the required SIP
submittal, 2) finding that the submittal
received does not satisfy the minimum
SIP completeness criteria, or 3)
disapproving a SIP in whole or in part.
The EPA is required to promulgate the
FIP unless EPA has approved, within
the 2-year time period, a SIP that
corrects the identified deficiency.
Timetable:
Action
Date
FR Cite
NPRM
08/00/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4933;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AM93
2974. • NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING;
RECONSIDERATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On May 16, 2003, national
emission standards for hazardous air
pollutants (NESHAP) for new and
existing sources at brick and structural
clay products (BSCP) manufacturing
facilities were promulgated (the final
rule). Subsequently, the Administrator
received a petition for reconsideration
of the final rule. The petition was
granted with respect to one issue
arising from the final rule. The
reconsideration issue involves the
petitioner's claim that the MACT floors
(and MACT standards based on the
floors) at promulgation were set using
a different control technology than the
control technologies upon which the
proposed standards were based and
that EPA did not provide adequate
opportunity for public comment on the
revised MACT floors. Because the
proposed MACT floors and standards
were changed in response to comments
received on the proposed rule,
reconsideration provides an
opportunity for public comment on the
floors and standards reflected in the
final rule.
Timetable:
Action
Date FR Cite
NPRM 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
4325.1; Split from RIN 2060-AJ91.
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327123 Other Structural Clay Product
Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
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27560
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM94
2975. • INCLUSION OF DELAWARE
AND NEW JERSEY IN THE CLEAN AIR
INTERSTATE RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 74lo(a)
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Legal Deadline: None
Abstract: In the proposed Clean Air
Interstate rule (CAIR), EPA adopted a
single-factor threshold of 0.20 mg/m3
contribution to PM2.5 nonattainment as
the air quality element of of the
definition of emissions that contribute
significantly to nonattainment in
another State. Upon further
consideration, EPA believes that this
may exclude some States that should
be considered to make a significant
contribution if their future emissions
are not reduced below presently
projected levels. We are proposing to
supplement the contribution threshold
adopted in the CAIR with a multi-factor
weight of evidence test. Application of
the test indicates that New Jersey and
Delaware should be included in the
CAIR requirements.
Timetable:
Action
Date FR Cite
NPRM
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No.
4794.1; Split from RIN 2060-AL76.
URL For More Information:
wwwr.epa.gov/interstateairquality
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539—02, Research
Triangle Park, NC 27711
Phone: 919-541-5665
Fax: 919-541-0824
Email: king.jan@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AM95
2976. • NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS;
RECONSIDERATION NOTICE
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: None
Abstract: On September 13, 2004, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for industrial, commercial,
and institutional boilers and process
heaters. The final rule (subpart DDDDD)
contains health-based compliance
alternatives based on authority under
sections 112(d)(4) of the Clean Air Act
(CAA). The methodology and criteria
for affected sources to use in
demonstrating that they are eligible for
the compliance alternatives were
promulgated in Appendix A to subpart
DDDDD. Affected sources
demonstrating that they are eligible for
the health-based compliance
alternatives are not required to
demonstrate compliance with the
hydrogen chloride (HC1) emission limit
and/or may demonstrate compliance
with the total selected metals (TSM)
emission limit based on the sum of
emissions for seven metals by
excluding manganese emissions.
Following promulgation of the final
rule, the Natural Resources Defense
Council (NRDC) and Environmental
Integrity Project (EIP) filed a petition
for reconsideration. The petition
requested reconsideration of seven
aspects of the final rule. With the
exception of the petitioners' issue with
adoption of numerous "no control"
standards in subpart DDDDD, all of the
petitioners' issues relate to the health-
based compliance alternatives in the
final rule. The petitioners stated that
reconsideration of the issues is
appropriate because the issues could
not have been practicably raised during
the public comment period. The
petition for reconsideration also
requested a stay of the effectiveness of
the health-based compliance
alternatives. In response to granting the
petition, we are requesting comment on
the approach used to demonstrate
eligibility for the health-based
compliance alternatives, as outlined in
Appendix A of the final rule, and on
an issue related to the inclusion of
manganese in the health-based
compliance alternative provisions. We
are not requesting comments on any
other provisions of the final rule. The
petitioners also requested that we stay
the effectiveness of the health-based
compliance provisions of the final rule,
pending reconsideration of those
provisions. We are not granting that
request.
Timetable:
Action
Date FR Cite
Reconsideration
Notice
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
3837.1; Split from RIN 2060-AG69
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Washington, DC 20460
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwrell.bill@epamail.epa.gov
RIN: 2060-AM97
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27561
EPA—Clean Air Act (CAA)
Proposed Rule Stage
2977. • RULEMAKING ON SECTION
126 PETITION FROM NORTH
CAROLINA TO REDUCE INTERSTATE
TRANSPORT OF FINE PARTICULATE
MATTER AND OZONE
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 7401 et seq
CFR Citation: 40 CFR 52
Legal Deadline: Final, Statutory,
November 18, 2004.
NPRM, Judicial, August 1, 2005,
Proposed Determinations.
Final, Judicial, March 15, 2006, Final
Determination.
Abstract: In March 2004, North
Carolina submitted a petition to EPA
pursuant to section 126 of the Clean
Air Act for the purpose of controlling
interstate transport of air pollution. The
petition requests that EPA make
findings that emissions of nitrogen
oxides (NOx) and sulfur dioxide (SO2)
from large electric generating units
(EGUs) in 12 States are significantly
contributing to fine particulate matter
nonattainment problems in North
Carolina and that NOx emissions from
large EGUs in 5 States are significantly
contributing to 8-hour ozone
nonattainment problems in North
Carolina. If EPA makes such findings,
EPA is authorized to establish Federal
emissions limits for the affected
sources. EPA will respond to the
petition through notice-and-comment
rulemaking. The sources targeted in the
petition may also be subjected to State-
adopted emission limitations in
response to a separate EPA rulemaking
action entitled "Clean Air Interstate
Rule," which EPA proposed on January
30, 2004.
Timetable:
Action
Date
FR Cite
NPRM 08/00/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4956;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AM99
2978. • IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.6(c)(l); 40
CFR71.6(c)(l)
Legal Deadline: None
Abstract: This rule would revise the
the Compliance Assurance Monitoring
rule (40 CFR part 64) to be
implemented through the operating
permits rule (40 CFR part 70) to define
when periodic monitoring must be
created, and to include specific criteria
that periodic monitoring must meet.
This rule satisfies our 4-step strategy
announced in the final Umbrella
Monitoring Rule (published January 22,
2004) to address monitoring
inadequacies. The four steps were: (1)
to clarify the role of title V permits in
monitoring (Umbrella Monitoring Rule);
(2) to provide guidance for improved
monitoring in PM-Fine SIP's; (3) to take
comment on correction of inadequate
monitoring provisions in underlying
rules; and (4) to provide guidance on
periodic monitoring. Draft rule and
preamble scheduled for completion in
June 2005. WA for RIA development
to be issued in March 2005.
Timetable:
Action
Date
FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4699.2; Split from RIN 2060-AK29.
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, C339-02, Research
Triangle Park, NC 27711
Phone: 919-541-1058
Email: westlin.peter@epamail.epa.gov
Robin Langdon, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Research
Triangle Park, NC 27711
Phone: 919-541-4048
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
2979. • COMPONENT DURABILITY
PROCEDURES FOR NEW LIGHT DUTY
VEHICLES, LIGHT DUTY TRUCKS,
AND HEAVY DUTY VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002 the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the Federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
ordered deadline, this is a court-
ordered action. During the comment
period of the NPRM the Agency
received a comment from the Afton
Chemical Corporation (formerly known
as Ethyl Corporation) suggesting that
EPA did not address the component
durability portion of the new vehicle
emission certification process and
should establish a procedure for
rulemaking requesting comment on
whether our current component
durability process is appropriate or if
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27562
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
we should revise the process to include
a limited amount of testing.
Timetable:
Action
Date
FR Cite
Supplemental NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; Split from RIN 2060-AK76.
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AN01
2980. • SECOND DEFERRAL OF
EFFECTIVE DATE OF
NONATTAINMENT DESIGNATIONS
FOR 8-HOUR OZONE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR EARLY ACTION COMPACT
AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7501 to 7515; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: This notice is intended to
defer the effective date of
nonattainment designations for certain
areas of the country that have entered
into Early Action Compacts (EACs)
with EPA. These EAC areas have agreed
to reduce ground-level ozone pollution
earlier than the Clean Air Act requires
and to attain the National Ambient Air
Quality Standards (NAAQS) for ozone
by December 31, 2007. This rule would
establish the second of three dates by
which EPA will defer the effective date
of nonattainment designations for
compact areas or portions of compact
areas, so long as these areas meet
agreed-upon milestones. The first
action deferred the effective date of
nonattainment designation until
September 30, 2005. This action would
defer the effective date of
nonattainment designation for these
EAC areas until December 31, 2006, for
those communities that continue to
fulfill all compact obligations. Prior to
the time the second deferral expires,
EPA intends to propose and promulgate
a third and final deferral until April
15, 2008, for those areas that continue
to meet all compact milestones,
including attainment of the 8-hour
ozone NAAQS.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Final Action
05/00/05
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4839.4; Split from RIN 2060-AM03.
Promulgation of SAN 4839 will include
the material formerly proposed as SAN
4798. SAN 4798 has been merged into
SAN 4839.
Agency Contact: Barbara Driscoll,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-1051
Fax: 919-541-0824
Email: driscoll.barbara@epamail.epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
C539-02, Research Triangle Park, NC
27711
Phone: 919-541-5565
Fax: 919 541-0824
Email: cole.david@epamail.epa.gov
RIN: 2060-AN04
2981. • NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS; LIST
OF HAZARDOUS AIR POLLUTANTS,
LESSER QUANTITY DESIGNATIONS,
SOURCE CATEGORY LIST;
RECONSIDERATION
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This notice for
reconsideration will reopen the
comment period for the risk provisions
and start-up, shutdown, and
malfunction provisions. The notice is
in response to a petition for
reconsideration EPA received from
NRDC and EIP. The notice will
reference relevant portions of the final
rule and preamble.
Reconsideration 10/00/05
Notice
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4911.1; Split from RIN 2060-AM78.
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-4516
Fax: 919-685-3219
Email: kissell.mary@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919-541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN05
2982. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SURFACE COATING
OF AUTOMOBILES AND LIGHT-DUTY
TRUCKS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 63 subpart IIII
Legal Deadline: None
Abstract: This action will amend the
final National Emission Standard for
Hazardous Air Pollutants for the
surface coating of automobiles and
light-duty trucks. These amendments
will clarify the interaction between this
rule and the NESHAP for surface
coating of plastic parts and products.
These amendments also will improve
the rule by clarifying specific
provisions and correcting errors in the
original printing of the final rule and
announce the availability of a revised
version of the Protocol for Determining
the Daily Volatile Organic Compound
Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations. The
original final rule was published in the
Federal Register on April 26, 2004. (69
FR 22602). The rule affects the surface
coating of automobile and light-duty
truck bodies and body parts for use in
new vehicles at facilities that are major
sources of hazardous air pollutants.
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27563
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4958;
Agency Contact: David Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919 541-0859
Fax: 919 541-5689
Email: salman.dave@epa.gov
Elaine Mannnig, Environmental
Protection Agency, Air and Radiation,
C539-03, Washington, DC 20460
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AN10
2983. • PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES IN
FOAM BLOWING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 612
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is initiating this
rulemaking in response to a DC Circuit
action. In July 2004, the DC Circuit
Court vacated a portion of an SNAP
final rule published on July 22, 2002
(67 FR 47703). This rule responds to
that vacature and would rule on the
use of HCFC-22 and -142b as
substitutes for HCFC-141b in foam
blowing. This rule will address effects
of stratospheric ozone depletion and
health and environmental impacts of
substitutes for ozone-depleting
substances. The ultimate impact will be
to reduce skin cancer, cataracts, and
other adverse impacts of ozone
depletion.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/05
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4959;
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 202 343-9387
Email: kocchi.suzanne@epamail.epa.gov
Jeanne Briskin, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9135
Fax: 202 343-2337
Email: briskin.jeanne@epa.gov
RIN: 2060-AN11
2984. • RESPONSE TO PETITION OF
RECONSIDERATION FOR FINDINGS
OF SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
Legal Deadline: None
Abstract: In this action, EPA would
grant the petition for reconsideration of
a final rule we issued under section
110 of the Clean Air Act (CAA) related
to the interstate transport of nitrogen
oxides (NOx). On April 21, 2004, EPA
issued a final rule that required the
State of Georgia to submit SIP revisions
that prohibit specified amounts of NOx
emissions—one of the precursors to
ozone (smog) pollution—for the
purposes of reducing NOx and ozone
transport across state boundaries in the
eastern half of the United States.
Subsequently, the Georgia Coalition for
Sound Environmental Policy (GCSEP)
filed a petition for reconsideration
requesting that EPA reconsider the
inclusion of the State of Georgia in the
rule and also requested a stay of the
applicability of the requirements as to
the State of Georgia. In response to that
petition, this rule would grant the
petition for reconsideration, and in a
separate rulemaking, stay the
effectiveness of the April 21, 2004, Rule
as it relates to the State of Georgia
while EPA conducts notice-and-
comment rulemaking to further address
the issues raised by the petitioners.
Timetable:
Action
Date FR Cite
NPRM 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4960;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5665
Fax: 919-541-0824
Email: king.jan@epamail.epa.gov
Winifred Okoye, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5446
Email: okoye.winifred@epa.gov
RIN: 2060-AN12
2985. • FUEL ECONOMY LABELING
OF MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001 to 2003,
2005, 2006, 2013
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: The Energy Policy and
Conservation Act of 1974 requires EPA
to establish regulations that require
auto manufacturers to display fuel
economy estimates on a label for each
new vehicle. EPA also has authority to
prescribe the test procedures used to
calculate these fuel economy estimates.
These estimates allow consumers to
compare the fuel economy of different
vehicles. Current window stickers have
two fuel economy estimates, "City" and
"Highway." While actual driving
conditions will cause variations from
the EPA estimates, consumers should
expect to achieve fuel economy that is
reasonably close to those estimates.
Since EPA last revised the methods for
measuring fuel economy (1985), many
conditions have changed—speed limits
are higher, congestion has increased,
and more vehicles are equipped with
power-hungry accessories, like air
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
conditioning. All of these factors will
impact a vehicle's actual fuel economy.
Some of these factors—aggressive and
high-speed driving and air conditioner
use in particular—have been addressed
in EPA emission test procedures. In the
past few years, there has been a
growing awareness by consumers
indicating that they are experiencing
lower actual fuel economy than the
EPA estimates. EPA has examined of
many factors that are not currently
accounted for in our fuel economy
estimates. EPA's initial analyses
indicate that the fuel economy label
estimates are overestimated, perhaps
significantly for some vehicles. This
action will provide consumers with
more accurate and credible information
regarding the comparative fuel
economy of vehicles. This action will
amend the way in which fuel economy
estimates are calculated, primarily by
incorporating the fuel economy results
from additional vehicle tests performed
today for emissions compliance
purposes. It will also propose changes
to how the fuel economy estimates and
other related information are presented
to consumers on the vehicle window
sticker label. The changes in this action
will not impact the Corporate Average
Fuel Economy requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4962;
Agency Contact: Roberts French,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 734 214-4380
Fax: 734 214-4050
Email: french.roberts@epa.gov
Robin Moran, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 734 214-4781
Fax: 734 214-4816
Email: french.roberts@epa.gov
RIN: 2060-AN14
2986. • REVISIONS TO THE
CONTINUOUS EMISSIONS
MONITORING RULE FOR THE ACID
RAIN PROGRAM AND THE NOX
BUDGET TRADING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 75 (Revision)
Legal Deadline: None
Abstract: This rule would modify the
existing requirements for sources
affected by the Acid Rain Program, and
the NOx Budget Trading Program. The
Acid Rain Continuous Emission
Monitoring (CEM) rule would be
revised to improve implementation by
making improvements to the
monitoring and reporting process that
will benefit both EPA and the facilities
affected by the rule. These amendments
will have no environmental impacts,
and are expected to reduce the ongoing
costs and burden associated with
reporting emissions under the current
rule by instituting a revised reporting
procedure that will reduce the
redundancy that currently exists with
the existing procedures. Specifically, as
part of its reengineering efforts, EPA is
replacing the existing record type
dependant reporting format to an XML
data reporting format that takes
advantage of technological advances in
data management. This fundamental
change is expected to reduce the costs
of programming data collection systems
at the affected facilities and should
provide EPA with the flexibility to
better adapt its systems to unique data
configurations, which are not currently
easily (or properly) adaptable by the
current reporting structure. EPA
expects to reduce the cost and burden
associated with resubmittals of data
reports due to errors identified after the
submittals are made. This action also
attempts to clarify, simplify, and
enhance certain sections in the CEM
rule to make it easier for sources to
understand and comply with the
regulation. Examples include: providing
a mechanism for a source to utilize the
concept of long-term cold storage;
clarifying that only one monitoring
methodology should be specified at any
time; and modifying the quality
assurance timing requirements for
ozone season only reporters. These
amendments need to be finalized prior
to the planned implementation date of
January 1, 2007.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/05
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4969;
Agency Contact: Matthew Boze,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington DC,
DC 20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: boze.matthew@epamail.epa.gov
Beth Murray, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington DC, DC 20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: murray.beth@epamail.epa.gov
RIN: 2060-AN16
2987. • PROTECTION OF
STRATOSPHERIC OZONE: THE 2006
CRITICAL USE EXEMPTION RULE
FROM THE PHASEOUT OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title VI
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: With this action, EPA would
amend section 82.8 of 40 CFR part 82,
subpart A, entitled "Grant of essential
use allowances and critical use
allowances" for the chemical methyl
bromide. Methyl bromide is an ozone-
depleting substance. Specifically, the
rule lists uses that qualify for the
critical use exemption in 2006, and the
amount of additional methyl bromide
that may be produced or imported for
those uses in 2006.
Timetable:
Action
Date FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4972;
Agency Contact: Kate Choban,
Environmental Protection Agency, Air
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202 343-2338
Email: choban.kate@epamail.epa.gov
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AN18
2988. • CONTROL OF EMISSIONS OF
AIR POLLUTION FROM DIESEL
ENGINES AND FUELS; AMENDMENTS
TO THE NONROAD AND HIGHWAY
DIESEL FUEL REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c) and
7545(i); 42 USC 7414(a); 42 USC
7601 (a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: EPA is taking this action to
correct, amend, and revise certain
provisions of the Highway Diesel and
Nonroad Diesel Fuel regulations. This
action will make minor corrections to
clarify the regulations governing
compliance with the diesel fuel
standards. This action will also revise
the regulatory text with respect to
diesel fuel credits, to allow refiners
greater access to early tax credits,
which will ensure a smooth transition
to low sulfur diesel fuel nationwide
and help mitigate the potential for
supply shortages. Finally, this action
will revise portions of the designate
and track provisions to accurately
reflect how entities will report their
information to EPA.
Timetable:
Action
Date
FR Cite
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4973;
Agency Contact: Tia Sutton,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor MI, DC
48105
Phone: 734 214-4018
Fax: 734 214-4816
Email: sutton.tia@epamail.epa.gov
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
6407, Washington, DC 20460
Phone: 734-214-4264
Fax: 734 214-4050
Email: machiele.paul@epamail.epa.gov
RIN: 2060-AN19
2989. • REVISIONS TO AIR
EMISSIONS REPORTING
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action seeks to combine
and consolidate air emission reporting
requirements from three regulations.
The three regulations are the Clean Air
Interstate Rule (CAIR), the Consolidated
Emissions Reporting Rule (CERR) and
the NOX SIP Call. Each of these
regulations has associated emissions
reporting requirements. The purpose of
this action is to resolve differences in
the reporting requirements in the three
regulations so that the regulated
community will have a single location
in the Code of Federal Regulations that
details air emission reporting
requirements. For example, the CERR
and the NOX SIP Call use similar but
not identical terminology to describe
what data must be reported to EPA.
The proposed rule would resolve these
differences.
Timetable:
Action
Date
FR Cite
NPRM
07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4951;
Agency Contact: Bill Kuykendal,
Environmental Protection Agency, Air
and Radiation, D205-01, Washington
DC, DC 20460
Phone: 919 541-5372
Fax: 919 541-0684
Email: kuykendal.bill@epa.gov
Phil Lorang, Environmental Protection
Agency, Air and Radiation, D205-01,
Washington, DC 20460
Phone: 919 541-5463
Fax: 919 541-0684
Email: lorang.phil@epa.gov
RIN: 2060-AN20
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
2990. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; CAAA
112(g) or (q)
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. Under
subparts H and I, regulated entities
currently determine compliance with
the emission standards by utilizing the
approved computer models CAP88 and
AIRDOS-PC or any other procedures for
which EPA has granted prior approval.
Since promulgation of Subparts H and
I, EPA has developed an additional
model, GENII-NESHAPS, which is
suitable for regulated entities to use to
determine compliance, in addition to
the currently-approved models
mentioned above. The model was
developed to incorporate the internal
dosimetry models recommended by the
International Commission on
Radiological Protection (ICRP) and the
radiological risk estimating procedures
of Federal Guidance Report 13 into
updated versions of existing
environmental pathway analysis
models. The model was developed
under the direction of OAR's Office of
Radiation and Indoor Air, in
consultation with OAR's Office of Air
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Final Rule Stage
Quality Planning and Standards
(OAQPS). Also, GENII-NESHAPs has
undergone Science Advisory Board
(SAB) review. In this direct final rule,
EPA is updating subparts H and I to
include GENII-NESHAPS as an
approved compliance model.
Timetable:
Action
Date
FR Cite
Direct Final Rule 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4768;
Agency Contact: Eleanord Thornton,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9773
Fax: 202 343-2065
Email:
thornton.eleanord@epamail.epa.gov
RIN: 2060-AK81
2991. REVISION TO THE GUIDELINE
ON AIR QUALITY MODELS (APPENDIX
W TO 40 CFR PART 51): ADOPTION
OF A PREFERRED GENERAL
PURPOSE (FLAT AND COMPLEX
TERRAIN) DISPERSION MODEL AND
OTHER REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 CAAA
110(a)(2); CAAA 165(e); CAAA 172(a);
CAAA 172(c); 42 USC 7601 CAAA
301(a)(l); CAAA 320
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action would revise the
Guideline on Air Quality Models,
published as appendix W to 40 CFR
part 51. The Guideline provides EPA-
recommended models for use in
predicting ambient concentrations of
pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. The Guideline fulfills a Clean
Air Act mandate for EPA to specify
models for air management purposes.
This revision would enhance the
Guideline by incorporating a new,
general-purpose dispersion model
called AERMOD, which would replace
the existing Industrial Source Complex
(ISC3) model in many air-quality
assessments, including those involving
complex terrain. An earlier version of
the AERMOD revision was previously
proposed (65 FR 21505, 4/21/2000; see
SAN 3470), but not promulgated. In
response to public comments received
on the April 2000 proposal, we
integrated the PRIME downwash
algorithm and made other incidental
modifications, creating AERMOD
(02222). On September 8, 2003, we
issued a Notice of Data Availability
(NDA) to announce the AERMOD
revisions, and to reveal new
performance data. Public comments
taken for 30 days have now been
summarized and Agency responses
have been developed that support the
intended action. NFR is being finalized.
Timetable:
Action
NPRM
Notice of Data
Availability
Final Action
Date FR Cite
04/21/00 65 FR 21 505
09/08/03 68 FR 52934
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3470.1; Split from RIN 2060-AF01.
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919-541-0832
Email: coulter.tom@epa.gov
Mark Evangelista, Environmental
Protection Agency, Air and Radiation,
D243, Research Triangle Park, NC
27711
Phone: 919-541-2803
Email: evangelista.mark@epa.gov
RIN: 2060-AK60
2992. NSPS AND EMISSION
GUIDELINES FOR OTHER SOLID
WASTE INCINERATORS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA 129
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 30, 2004.
Final, Judicial, November 30, 2005.
Abstract: Section 129 of the Clean Air
Act requires the EPA to promulgate
New Source Performance Standards
(NSPS) for new sources and Emission
Guidelines (EG) for existing sources for
solid waste incinerators. On November
30, 2004, EPA proposed rules to reduce
emissions from the category of
incinerators known as "other solid
waste incinerators" (OSWI). OSWI
consists of two classes of incinerators:
(1) institutional waste incinerators and
(2) very small municipal waste
combustors. Institutional waste
incinerators are located at institutions
(e.g., public or private school,; college
or university; church or civic
organization; fire or police department;
town, city, county, State or Federal
government; etc.) which burns waste
generated at that institution. Very small
municipal waste combustors are
incinerators which burn less than 35
tons per day of municipal solid waste.
Municipal solid waste is nonhazardous
solid waste or refuse collected from
residential, commercial, institutional,
and industrial sources. Emission
standards were proposed for the
following nine air pollutants:
particulate matter, sulfur dioxide,
hydrogen chloride, nitrogen oxides,
carbon monoxide, lead, cadmium,
mercury, and dioxins. Opacity limits
were also proposed. EPA must
promulgate standards by November 30,
2005.
Timetable:
Action
Date
FR Cite
Notice
Proposed Standards
and Guidance
NPRM
Final Action
08/28/00 65 FR 52058
11/09/00 65 FR 67357
12/09/04 69 FR 71472
12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN No. 3751;
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5025
Fax: 919 541-5450
Email: johnson.mary@epamail.epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
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Final Rule Stage
C439-01, Research Triangle Park, NC
27711
Phone: 919-541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
RIN: 2060-AG31
2993. 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
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from stationary sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/22/93 58 FR 61640
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
2994. 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
NPRM
Final Action
Date
1 2/08/97
08/00/05
FR Cite
62 FR 64532
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915; Additional Information: SAN No. 3900;
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-5242
Fax: 919 541-1039
Email: ricks.solomon@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AF83
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AG88
2995. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS—PHASE 1
AND PHASE 2
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7408; 42 USC
7410; 42 USC 7501 to 7511f; 42 USC
7601(a)(l)
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Legal Deadline: None
Abstract: This rule would provide
specific requirements for State and
local air pollution control agencies and
tribes to prepare State Implementation
Plans (SIPs) and Tribal Implementation
Plans (TIPs) under the 8-hour national
ambient air quality standard (NAAQS)
for ozone, published by EPA on July
18, 1997. The Clean Air Act (CAA)
requires EPA to set ambient air quality
standards and requires States to submit
SIPs to implement those standards. The
1997 standards were challenged in
court, but in February 2001, the
Supreme Court determined that EPA
has authority to implement a revised
ozone standard, but ruled that EPA
must reconsider its implementation
plan for moving from the 1-hour
standard to the revised standard. The
Supreme Court identified conflicts
between different parts of the CAA
related to implementation of a revised
NAAQS, provided some direction to
EPA for resolving the conflicts, and left
it to EPA to develop a reasonable
approach for implementation. Thus,
this rulemaking must address the
requirements of the CAA and the
Supreme Court's ruling. This rule
would provide detailed provisions to
address the CAA requirements for SIPs
and TIPs and would thus affect States
and tribes. States with areas that are
not attaining the 8-hour ozone NAAQS
will have to develop—as part of their
SIPs—emission limits and other
requirements to attain the NAAQS
within the timeframes set forth in the
CAA. Tribal lands that are not attaining
the 8-hour ozone standard may be
affected, and could voluntarily submit
a TIP, but would not be required to
submit a TIP. In cases where a TIP is
not submitted, EPA would have the
responsibility for planning in those
areas.
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EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM 06/02/03 68 FR 32802
Final Action (Phase 1) 04/30/04 69 FR 23951
Final Action (Phase 2) 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No. 4625;
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 20460
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 20460
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
RIN: 2060-AJ99
2996. NSPS: SOCMI—WASTEWATER
AND AMENDMENT TO APPENDIX C
OF PART 63 AND APPENDIX J OF
PART 60
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 - SOCMI
Wastewater NSPS and app J; 40 CFR
63 - app C
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
units, i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
would be required to apply appropriate
controls to affected wastewater tanks,
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9, 1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add Appendix J to 40
CFR part 60. The final rule
encompasses the clarifications and
revisions to Subpart YYY and
Appendix J that will reduce emissions
of volatile organic compounds (VOC).
VOC, when emitted into the ambient
air, are precursors to the formation of
tropospheric ozone. A wide variety of
acute and chronic respiratory health
effects and welfare (agricultural,
ecosystem) effects have been attributed
to concentrations of ozone commonly
measured in the ambient air throughout
the U.S. In conjunction with the rule
development for the NSPS,
amendments to appendix C to part 63
were proposed on June 30, 2004. See
http://wrww.epa.gov/ttn/atw/nsps/
socww/socwwpg.html for more
information.
Timetable:
Action
Date FR Cite
NPRM (NSPS)
Supplemental NPRM
1
Supplemental NPRM
2
NPRMAmdmt
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
06/30/04 69 FR 39383
07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380;
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-4516
Fax: 919-685-3219
Email: kissell.mary@epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
2997. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (40
CFR PART 60, APPENDIX F,
PROCEDURES)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
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 10/07/92 57 FR 46114
Supplemental NPRM 05/08/03 68 FR 24692
Final Action 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958;
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-5242
Fax: 919 541-1039
Email: ricks.solomon@epamail.epa.gov
Fred Thompson, Environmental
Protection Agency, Air and Radiation,
D243-02, Research Triangle Park, NC
27711
Phone: 919-541-2707
Email: thompson.fred@epamail.epa.gov
RIN: 2060-AH23
2998. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
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EPA—Clean Air Act (CAA)
Final Rule Stage
Legal Deadline: None
Abstract: Methods 3A, 6C, 7E, 10, and
20 of 40 CFR part 60, appendix A are
instrumental methods that are being
revised to make their performance
criteria consistent. Analyzer calibration
error tests and sampling system bias
tests now required in Methods 3A, 6C,
and 7E are being added to Methods 10
and 20. Inconsistent acceptance criteria
for other performance tests and
calibration gas quality are also being
made uniform. Performance criteria
currently determined based on the
instrument span is being revised to an
emission limit basis. This change will
fix the acceptance limits for all source
tests on the applicable emission limit
and not on a span value that sources
have some discretion in choosing.
These revisions were proposed on
August 27, 1997, in an announcement
entitled "Amendments for Testing and
Monitoring Provisions." They were
considered not significant at that time.
The public did not feel that the
preamble to the rule provided adequate
notice of the changes being made to
the methods. The commenters
requested a reproposal of these revision
to the instrumental methods to allow
for adequate public review. Methods 7F
and 7G are new methods that measure
nitrogen oxides electrochemically.
These methods are being proposed in
response to requests made by
vendors/sources. These methods will
add flexibility to the testing provisions
currently in place and will not add
requirements or affect the stringency of
the underlying emission standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/10/03 68 FR 58838
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4161;
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, 1806A, Research
Triangle Park, NC 27711
Phone: 919-541-1063
Fax: 202-564-7299
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AK61
2999. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS: MEK
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
February 28, 2000.
Abstract: The Agency has received a
petition to remove methyl ethyl ketone
(MEK) from the list of hazardous air
pollutants (HAPs) under section 112(b)
of the Clean Air Act. The Agency must
review the petitions and either grant or
deny the petition within 18 months of
the date the complete petition was
received. If the Agency grants a
petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under section 112(c) and 112(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each.
Timetable:
Action
Date FR Cite
Final Action 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4313;
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919-541-2962
Fax: 919 541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AI72
3000. CLEAN AIR MERCURY RULE-
ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7412; 42 USC
7411
CFR Citation: 40 CFR 63; 40 CFR 60;
40 CFR 72; 40 CFR 75
Legal Deadline: NPRM, Judicial,
December 15, 2003.
Final, Judicial, March 15, 2005.
Abstract: On January 30, 2004, the EPA
proposed alternative approaches to
regulating mercury emissions from
coal-fired electric utility steam
generating units and nickel emissions
from oil-fired electric utility steam
generating units.
Timetable:
Action
Date FR Cite
NPRM 01/30/04 69 FR 4754
Supplemental NPRM 03/1 6/04 69 FR 12298
Notice, Reopen 05/05/04 69 FR 25052
Comment Period
NO DA 12/01/04 69 FR 69864
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 4571,
EDocket No.: OAR-2002-0056;
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
URL For More Information:
www.epa.gov/ttn/atw/utility/
utiltoxpg.html
Agency Contact: Robert Wayland,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
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EPA—Clean Air Act (CAA)
Final Rule Stage
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Washington, DC 20460
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AJ65
3001. NESHAP FOR PRIMARY
ALUMINUM REDUCTION PLANTS;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The NESHAP for Primary
Aluminum Reduction Plants was
promulgated in 1997 (40 CFR Part 63,
Subpart LL). The amendments
described here would revise the
emission limit for polycyclic organic
matter applicable to one subcategory of
source based on newly available data
more representative of performance
from the top five performing sources.
The proposed amendments would also
clarify language on compliance dates
and add specific provisions for startup
of new or reconstructed affected
sources and affected sources that restart
after being idled for long periods of
time. More time would be allowed due
to the nature of the process operation,
depending on the type of source. No
additional costs or information
collection requirements would be
incurred as a result of the amendments.
There also are no significant policy
issues. State agency and industry
representatives concur with the
changes, which will improve
implementation of the 1997 rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/17/03 68 FR 12645
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4713;
Agency Contact: Steve Fruh,
Environmental Protection Agency, Air
and Radiation, C439-02, RTF, DC
20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AK50
3002. NESHAP: GENERAL
PROVISIONS; AMENDMENTS FOR
POLLUTION PREVENTION
ALTERNATIVE COMPLIANCE
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.2; 40 CFR
63.17; 40 CFR 63.18
Legal Deadline: None
Abstract: We are amending the Part 63
General Provisions to allow facilities
that are subject to a maximum
achievable control technology (MACT)
Subpart to discontinue unnecessary
requirements if, through pollution
prevention measures, they achieve and
can demonstrate continued hazardous
air pollutant (HAP) emission reductions
equivalent to or better than the MACT
level of control. We are promulgating
these amendments to encourage and
promote pollution prevention, which is
our strategy of first choice in reducing
HAP emissions. We expect these
amendments to result in no additional
burden for sources and air pollution
control agencies. This effort is the
product of discussions with State and
local air pollution control officials.
There also are no significant policy
issues.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/15/03 68 FR 26249
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4719;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919-541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AK54
3003. NESHAP: ETHYLENE
PROCESSES; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 subparts XX
and YY
Legal Deadline: None
Abstract: The Ethylene Production
NESHAP was promulgated on Friday,
July 12, 2002 (67 FR 46258) without
petition for judicial review. However,
we did receive a letter from the affected
industry association requesting that we
consider certain technical corrections.
Following review of this request, we
believe some changes to the final rule
are necessary for clarity and
consistency. This correction requires an
action in the form of a direct final rule
which will contain rule changes,
technical amendments and
clarifications.
Timetable:
Action
Date
FR Cite
Direct Final Rule 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4763;
Agency Contact: Warren Johnson,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5124
Fax: 919 541-3470
Email: johnson.warren@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK80
3004. SECTION 126 RULE
WITHDRAWAL PROVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: EPA is proposing to revise
one narrow aspect of the Section 126
Rule, which was promulgated January
18, 2000. The rule requires certain
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EPA—Clean Air Act (CAA)
Final Rule Stage
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the Section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. The EPA included a provision in
the Section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003, compliance date, EPA
would withdraw the Section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the Section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
Timetable:
Action
Date
FR Cite
Final Action
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689;
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
3005. 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
Direct Final Rule 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3910;
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734-214-4450
Email: good.david@epamail.epa.gov
RIN: 2060-AH34
3006. MODIFICATION OF THE
ANTI-DUMPING BASELINE DATE
CUT-OFF LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This regulation is a minor technical
amendment to those existing
regulations. It would amend a portion
of those regulations to allow the use
of data collected after January 1, 1995,
in the development of baselines, and
it would establish a cut-off date of
January 1, 2002, for the submission of
all individual baselines under the anti-
dumping program. This date is the
same as that allowed for foreign
refineries seeking a unique individual
baseline under the anti-dumping
program.)
Timetable:
Action
Date FR Cite
Direct Final Rule 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 4206, Ann Arbor, MI
48105
Phone: 734-214-4287
Fax: 734 214-4051
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202-564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AJ82
3007. EMISSIONS DURABILITY
PROCEDURES FOR NEW
LIGHT-DUTY VEHICLES AND
LIGHT-DUTY TRUCKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: On October 22, 2002, the
United States Court of Appeals for the
District of Columbia Circuit vacated
durability provisions that automotive
manufacturers used to demonstrate that
the emissions of their vehicles would
comply with emission standards for the
useful lives of those vehicles. The
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Court also required EPA to issue new
regulations. This action fulfills the
mandate. The new durability
regulations will include options that a
manufacturer may choose from to age
pre-production vehicles to determine
the rate of emission deterioration over
the vehicle's useful life. The options
will include a prescribed fixed driving
cycle and a prescribed bench aging
cycle that are used to age prototype
vehicles or emission control
components to the equivalent of the
useful life period of the vehicle in a
manner that replicates the aging that
the vehicle or components would see
in actual use. This rule does not change
the Federal emission standards or the
test procedures used to quantify
emissions. Although there is no court-
ordered deadline, this is a court-
ordered action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/02/04 69 FR 17532
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4757;
Sectors Affected: 3361 Motor Vehicle
Manufacturing
Agency Contact: Linda Hormes,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AK76
3008. CLEAN AIR VISIBILITY RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470 to
7479; 42 USC 7491; 42 USC 7492; 42
USC 7601; 42 USC 7602
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 app Y (New)
Legal Deadline: NPRM, Judicial, April
15, 2004, Consent Decree.
Final, Judicial, June 15, 2005, Consent
Decree.
Abstract: To meet the Clean Air Act's
requirements, EPA published the
regional haze rule on July 1, 1999 (64
FR 35714). On May 24, 2002, the DC
Circuit vacated certain provisions of the
regional haze rule related to best
available retrofit technology (BART).
Because of this court decision, we need
to propose and publish revised BART
provisions in the regional haze rule.
The purpose of this effort is to provide
the appropriate changes to the BART
requirements and guidelines, and to
address additional issues related to
reasonable progress goals for the
visibility program. On July 20, 2001, we
proposed guidelines intended to add
further clarifications to the BART
requirements in the regional haze rule.
Since then, due to additional
information that has come to light since
that proposal, we have decided that a
supplemental proposal is needed. The
supplemental proposal was published
on May 5, 2004.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
Final Action
07/20/01 66 FR 38108
05/05/04 69 FR 25183
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4450;
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, C504-02, Research
Triangle Park, NC 27711
Phone: 919-541-0102
Fax: 919 541-5489
Email: kaufman.kathy@epamail.epa.gov
Todd Hawes, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5591
Fax: 919 541-5489
Email: hawes.todd@epamail.epa.gov
RIN: 2060-AJ31
3009. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80
Legal Deadline: Final, Statutory,
October 31, 2001, 80.855(b)(2) directs
EPA to revise the default baseline by
this date.
Abstract: The final rule, Control of
Emissions of Hazardous Air Pollutants
From Mobile Sources (66 FR 17230,
3/29/01), directed EPA to revise the
default toxics baselines in the rule to
include year 2000 data when it
becomes available. When revised, the
default toxics baseline values will be
the average toxics values for gasoline
over the period 1998-2000. This data
is now available, and this rule will
promulgate those revised baseline
values.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
01/04/05 70FR640
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4621;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 4206, Ann Arbor, MI
48105
Phone: 734-214-4287
Fax: 734 214-4051
Email:
brunner.christine@epamail.epa.gov
Paul Cort, Environmental Protection
Agency, Air and Radiation, ORC2,
Washington, DC 20460
Phone: 415-972-3921
Fax: 415-972-3570
Email: cort.paul@epamail.epa.gov
RIN: 2060-AJ97
3010. ADOPTION OF THE AMENDED
INTERNATIONAL NOX STANDARD
FOR AIRCRAFT ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
42 USC 7571 to 7572; 5 USC 552(a)
CFR Citation: 40 CFR 87.1; 40 CFR
87.21; 40 CFR 87.64; 40 CFR 87.71; 40
CFR 87.10; 40 CFR 87.31(b); 40 CFR
87.82; 40 CFR 87.89
Legal Deadline: None
Abstract: The purpose of this final
rulemaking is to amend the existing
United States regulations governing the
exhaust emissions from new
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Final Rule Stage
commercial aircraft gas turbine engines.
The amendment will codify into United
States law the recently amended
voluntary NOx emission standard of the
United Nation's International Civil
Aviation Organization (ICAO), thus
bringing the United States emission
standards into alignment with the
internationally adopted standards. This
NOx standard was adopted at the
ICAO/Committee on Aviation
Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
aircraft meet international standards
and the public can be assured that they
are receiving the air quality benefits of
the international standards.
Timetable:
Action
Date FR Cite
NPRM 09/30/03 68 FR 56226
Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4631;
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing;
336412 Aircraft Engine and Engine
Parts Manufacturing; 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 336413
Other Aircraft Part and Auxiliary
Equipment Manufacturing
Agency Contact: Bryan Manning,
Environmental Protection Agency, Air
and Radiation, 6407, Ann Arbor, MI
48105
Phone: 734-214-4832
Fax: 734 214-4018
Email: manning.bryan@epamail.epa.gov
RIN: 2060-AK01
3011. MODIFICATION OF
ANTI-DUMPING BASELINES FOR
GASOLINE PRODUCED OR
IMPORTED FOR USE IN HAWAII,
ALASKA AND THE U.S. TERRITORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80 (Revision)
Legal Deadline: None
Abstract: "Dumping" refers to the
practice whereby refiners making clean
fuels for certain markets (such as
reformulated gasoline for clean-air
purposes) take the pollutants removed
from the clean fuels and "dump" them
into other fuels they are producing for
other markets. This, if allowed, would
make those other fuels even dirtier than
before, and so the Clean Air Act
prohibits this practice. EPA has existing
"anti-dumping" rules on the books that
codify this Clean Air Act prohibition.
This action proposes to allow refiners
and importers of conventional gasoline
produced or imported for use in
Hawaii, Alaska, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam
and the Commonwealth of the Northern
Mariana Islands to petition EPA to
modify their baselines to use the most
appropriate seasonal baseline and
Complex Model for purposes of
compliance with the RFC program's
anti-dumping requirements.
Specifically, this action would allow
refiners and importers to petition EPA
to use the summer Complex Model for
all anti-dumping baseline and
compliance determinations for
conventional gasoline produced or
imported for use in Hawaii, the
Commonwealth of Puerto Rico, the
Virgin Islands, Guam and the
Commonwealth of the Northern
Mariana Islands. This action would
allow refiners and importers to petition
EPA to use the winter Complex Model
for all anti-dumping baseline and
compliance purposes in Alaska. We are
proposing this action to address certain
inconsistencies in the RFG program's
anti-dumping provisions which may
have significant unintended negative
impacts on refiners and importers.
Today's proposed actions would not
compromise the environmental goals of
the RFG program, or result in any
environmental degradation. Today's
proposed actions would not have any
negative impact on small businesses or
State/local/tribal governments.
Timetable:
Action
Date
FR Cite
NPRM 01/04/05 70FR646
Final Action 10/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4632;
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
3012. REGULATION OF FUEL AND
FUEL ADDITIVES: EXTENSION OF
CALIFORNIA ENFORCEMENT
EXEMPTIONS FOR REFORMULATED
GASOLINE TO CALIFORNIA PHASE 3
GASOLINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.81
Legal Deadline: None
Abstract: EPA is proposing to exempt
refiners, importers, and blenders of
gasoline subject to the State of
California's reformulated gasoline
regulations from certain enforcement
provisions in the federal reformulated
(RFG) regulations. Certain exemptions
under the federal RFG program already
apply to California Phase 2 gasoline,
but additional exemptions are
necessary to cover Phase 3 gasoline.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/11/04 69 FR 48827
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4634;
Sectors Affected: 32411 Petroleum
Refineries; 32511 Petrochemical
Manufacturing
Agency Contact: Anne—Marie
Pastorkovich, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9623
Email: pastorkovich.anne-
marie@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9022
Fax: 202 343-2802
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AK04
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EPA—Clean Air Act (CAA)
Final Rule Stage
3013. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.8l(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations which were published in
the Federal Register on March 29, 2001
(66 FR 17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
Date
FR Cite
Direct Final Action 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4722;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 4206, Ann Arbor, MI
48105
Phone: 734-214-4287
Fax: 734 214-4051
Email:
brunner.christine@epamail.epa.gov
RIN: 2060-AK56
3014. AMENDMENTS TO THE
REQUIREMENTS ON VARIABILITY IN
THE COMPOSITION OF ADDITIVES
CERTIFIED UNDER THE GASOLINE
DEPOSIT CONTROL PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80
Legal Deadline: Other, Statutory, May
30, 2001, Settlement Agreement with
American Chemistry Council in 8/2000
requires publication of NPRM "as
expeditiously as practicable."
Abstract: A direct final rule (DFR) and
parallel notice of proposed rulemaking
(NPRM) were published on November
5, 2001, in response to a settlement
agreement reached with the American
Chemical Council (ACC) regarding their
litigation on the Gasoline Deposit
Control Additive Rule. This litigation
pertained to the information that
manufacturers must provide on
additive composition at the time of
certification. Adverse comments were
received on two of the four
amendments. A partial withdrawal
notice was published on January 24,
2002 which withdrew the amendments
on which we received adverse
comments. In this action, we plan to
finalize the provisions that were
withdrawn. The provisions we plan to
finalize are based on an ACC consensus
position, which reduces the burden on
manufacturers in demonstrating
compliance with limits on the
compositional variability of the deposit
control additives, while maintaining
the emissions control benefits of the
gasoline deposit control program.
Timetable:
Action
Date FR Cite
Direct Final Action 1
Final Action 2
11/05/01 66 FR 55885
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4557.1; Split from RIN 2060-AJ69.
Action is consistent with Settlement
Agreement signed with American
Chemistry Council in January 2000,
which became final in August, 2000 (no
comments were received in the public
notice and comment). ACC v. EPA, D.C.
Cir. No. 94-1778 (consol).
Sectors Affected: 325998 All Other
Miscellaneous Chemical Product
Manufacturing
Agency Contact: Jeff Herzog,
Environmental Protection Agency, Air
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734-214-4227
Fax: 734 214-4816
Email: herzog.jeff@epamail.epa.gov
Andrea Medici, Environmental
Protection Agency, Air and Radiation,
ARLO/PTSLO, Washington, DC 20460
Phone: 202-564-5634
Fax: 202 564-5653
Email: medici.andrea@epamail.epa.gov
RIN: 2060-AK62
3015. ANTI-DUMPING BASELINE
RECALCULATION FOR
DOWNSTREAM OXYGENATE
ADDITION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.91
Legal Deadline: None
Abstract: This rule would allow a
refiner who added oxygenate after
sampling and just before shipment to
exclude that oxygenate from its anti-
dumping baseline determination. This
exclusion of oxygenate is already
allowed for a refinery's gasoline to
which oxygenate was added outside of
the refinery gate. This rule will have
limited application, and could provide
relief to small refiners.
Timetable:
Action
Date
FR Cite
Direct Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4706;
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, 4206, Ann Arbor, MI
48105
Phone: 734-214-4287
Fax: 734 214-4051
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202-564-5593
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
3016. CLEAN AIR INTERSTATE RULE
(FORMERLY TITLED: INTERSTATE
AIR QUALITY RULE)
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7410(a)
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Legal Deadline: None
Abstract: Many pollutant types and
sources contribute to ambient levels of
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EPA—Clean Air Act (CAA)
Final Rule Stage
fine particulate matter (PM2.5) and
ozone that exceed national air quality
standards, and to regional haze that
adversely affects visibility in federal
Class I areas. Some of these pollutants
may originate tens or hundreds of miles
from the areas where violations of the
national ambient air quality standards
are detected, from sources that are
outside the jurisdiction of the State that
is harmed. The Clean Air Act requires
that a State take steps to prevent
emissions from sources located within
its boundaries from interfering with a
downwind State's ability to meet air
quality standards, or interfering with
measures to protect visibility. EPA
believes it is important to address
interstate transport of PM2.5 and 8-
hour ozone prior to the time when
State plans addressing nonattainment of
the standards are completed, so that
States can rely on upwind reductions
when developing plans for attaining the
standards. The Bush Administration
has proposed Clear Skies legislation
that will help reduce interstate
transport of pollution from the largest
emitters in the power generation sector.
This mandatory program would
dramatically reduce sulfur dioxide
(SO2), nitrogen oxides (NOx), and
mercury by setting a national cap on
emissions of each pollutant from power
generators. Trading would provide
sources with flexibility to reduce their
emissions in most efficient and least
costly way. EPA prefers to address the
issue of transported pollution from
power generators through Clear Skies
legislation rather than rulemaking.
Because enactment of legislation is
inherently uncertain, in addition to
promoting legislation EPA is initiating
this rulemaking as a potential substitute
to achieve part of what would be
achieved by Clear Skies. Also, if
analysis warrants, this rulemaking
could supplement legislation by
addressing categories of emissions
sources not covered by the legislation.
Further, EPA will conduct updated
transport analyses to determine
whether emission reductions beyond
the already-promulgated NOx SIP Call
(63 FR 57355) are warranted for
purposes of the 8-hour ozone standard.
Under the Clean Air Interstate Rule,
EPA would establish state-level
emissions reduction requirements for
transported pollutants, and offer
compliance flexibility in the form of an
emissions trading program.
Timetable:
Action
Date FR Cite
NPRM 01/30/04 69 FR 32684
Supplemental NPRM 06/10/04 69 FR 32683
Notice of Data 08/06/04 69 FR 47828
Availability
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 4794;
URL For More Information:
wwrw.epa.gov/interstateairquality
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AL76
3017. CLEAN AIR FINE PARTICLE
DESIGNATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7404(d)
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: This rule sets out final air
quality designations and classifications
for all areas of the United States as
required by section 107 of the Clean
Air Act (CAA). The air quality status
of an area is represented by the
designation of the area. Designations
are objectively based upon air quality
monitoring data and other relevant
information pertaining to the air quality
in the affected area. Area designations
of attainment/unclassifiable mean that
the area has sufficient data to
determine that the area is meeting the
PM-2.5 NAAQS, or that due to no data
being available for the area, or
insufficient data being available, EPA
can not make a determination for the
area. States and tribes were requested
to make their designation
recommendations to EPA by February
2004. EPA reviewed the designation
recommendations submitted by the
States and tribes and made
modifications as deemed appropriate.
EPA is required by the CAA to notify
States and tribes of any modifications
that they intend to make to their
recommendations no later than 120
days prior to promulgation of the
designations. This time period is meant
to provide States and tribes an
opportunity to make a case for why
EPA's modifications may be
inappropriate. EPA notified States and
tribes of the intended changes to their
recommendations on June 29, 2004.
The final date for promulgating
designations for PM-2.5 is November
17, 2004. The effective date of the
designations will be 60 days following
the promulgation of the designations in
the Federal Register
Timetable:
Action
Date FR Cite
Final Action 01/05/05 70FR944
Final Action Correction 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4840;
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-0906
Fax: 919 541-5489
Email: wallace.larry@epamail.epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
C504-02, Research Triangle Park, NC
27711
Phone: 919-541-5592
Fax: 919 541-5489
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AM04
3018. NESHAP: ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
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EPA—Clean Air Act (CAA)
Final Rule Stage
Abstract: This action is a direct final
amendment to the national emission
standards for hazardous air pollutants
for asphalt processing and asphalt
roofing manufacturing that will correct
minor errors in that rule.
Timetable:
Action
Date FR Cite
Direct Final Action
05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4855;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919-541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM10
3019. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES:
IN-USE, NOT-TO-EXCEED EMISSION
STANDARD TESTING FOR
HEAVY-DUTY DIESEL ENGINES AND
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 U.S.C. 7401 et seq
CFR Citation: 40 CFR 86; 40 CFR 1065
Legal Deadline: NPRM, Judicial, June
3, 2004, lawsuit settlement agreement
regarding not-to-exceed (NTE)
emission standards, engine
manufacturers vs. EPA.
Final, Judicial, May 1, 2005, lawsuit
settlement agreement regarding
not—to-exceed (NTE) emission
standards, engine manufacturers vs.
EPA.
Abstract: EPA and the Engine
Manufacturers Association reached a
lawsuit settlement agreement that will
result in a manufacturer-run, in-use
emissions testing program for heavy-
duty diesel trucks. Manufacturers will
monitor compliance with certain
emission standards, called the Not-to-
Exceed (NTE) standards, by testing in-
use diesel engines during normal
vehicle operation using portable
emission measurement systems for the
first time.
Timetable:
Action
Date
FR Cite
NPRM 06/10/04 69 FR 32804
Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4845;
Agency Contact: Rich Wilcox,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4390
Email: wrilcox.rich@epamail.epa.gov
Rick Gezelle, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202-343-9267
Email: gezelle.rick@epamail.epa.gov
RIN: 2060-AM17
3020. AMENDMENTS TO VEHICLE
INSPECTION AND MAINTENANCE
PROGRAM REQUIREMENTS TO
ADDRESS NEWS-HOUR OZONE
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This final rule amends the
current vehicle inspection and
maintenance (I/M) rule to establish
deadlines for areas newly required to
begin I/M testing as a result of their
classification under the 8 hour ozone
standard. Specifically, the amendments
will address: the deadline for
submitting I/M State Implementation
Plans (SIPs) for those new areas; the
deadline for the new program start-up;
and the model year coverage and
evaluation timeframes associated with
new programs that will potentially be
required as part of EPA's
implementation of the 8-hour ozone
standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/06/05 70 FR 1314
12/00/05
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4854;
Agency Contact: Dave Sosnowski,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4823
Fax: 734 214-4906
Email:
sosnowrski.dave@epamail.epa.gov
Joe Pedelty, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 734-214-4410
Email: pedelty.joe@epamail.epa.gov
RIN: 2060-AM21
3021. NESHAP: REINFORCED
PLASTIC COMPOSITES-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63.5780 to
63.5935 (revisions)
Legal Deadline: None
Abstract: Since publication of the final
Reinforced Plastic Composites
NESHAP, we have discovered several
minor errors. We also have been told
that some of the rule language is
confusing. This action will correct
those errors and clarify some of the rule
language. It should not make any
substantive changes to the stringency of
the rule.
Timetable:
Action
Date FR Cite
Direct Final Action
06/00/05
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4863;
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5605
Fax: 919 541-5600
Email: barnett.keith@epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
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Final Rule Stage
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM23
3022. FIRE SUPPRESSION AND
EXPLOSION PROTECTION LISTING
UNDER SNAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This direct final rule updates
the current SNAP list of acceptable
alternatives for ozone-depleting
substances in the fire suppression and
explosion protection sector. The
revisions to the SNAP lists will be done
through a "direct final" rulemaking
because we view them as non-
controversial and anticipate no adverse
comment. In this direct final rule, we
are introducing new substitutes giving
businesses and users additional
flexibility in safely transitioning away
from ozone-depleting halons in the fire
protection sector. This action does not
place any significant burden on users
but provides new halon substitutes
while continuing to protect human
health and the environment.
Timetable:
Action
Date
FR Cite
Direct Final Rule 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4857;
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Bella Maranion, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9749
TDD Phone: 630-443-4376
Fax: 202 343-2338
Email: maranion.bella@epamail.epa.gov
RIN: 2060-AM24
3023. EXEMPTION OF CERTAIN AREA
SOURCES FROM FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act Section
502
CFR Citation: 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This action would implement
the Agency's decision on whether to
require title V permits for six area
(nonmajor) sources subject to air toxic
requirements under Clean Air Act. The
affected source categories are: dry
cleaners, halogenated solvent
degreasers, chrome plating, ethylene
oxide sterilizers, secondary lead, and
secondary aluminum. Under the Act,
these sources are subject to operating
permit programs; however, EPA may
exempt them from such programs if it
finds that permitting would be
impracticable, infeasible or
unnecessarily burdensome on the
sources. This action makes these
findings for all categories except
secondary lead and presents them for
public comment. Secondary lead would
remain subject to permitting because
few area sources are affected and most
have already been permitted.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/25/05 70 FR 15250
09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4868;
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C304-03, Research
Triangle Park, NC 27711
Phone: 919-541-3195
Fax: 919 541-5509
Email: herring.jeff@epamail.epa.gov
Ray Vogel, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AM31
3024. PREVENTION OF SIGNIFICANT
DETERIORATION FOR NITROGEN
OXIDES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 51; 40 CFR 52
Legal Deadline: NPRM, Judicial,
February 14, 2005, Proposal signed
02/14/2005: Published: 70 FR 8880,
02/23/2005. 60-day comment period,
ending 04/25/2005.
Final, Judicial, September 30, 2005,
Signature.
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
Protection Agency to establish
regulations to prevent significant
deterioration of air quality due to
emissions of nitrogen oxides. On
October 17, 1988, EPA promulgated
regulations which included maximum
allowable increases in ambient nitrogen
dioxide concentrations (NO2
increments) allowed in an area above
the baseline concentration. Following
promulgation, the Environmental
Defense (formerly the Environmental
Defense Fund) filed a petition asking
the Court to order EPA to remand the
regulations and to impose an
immediate deadline of two years for
promulgating new regulations. In 1990,
the Court did not impose a deadline
but remanded the case for EPA to
develop an interpretation of section 166
that considered the statutory provisions
contained in subsections (c) and (d),
and if necessary to take new evidence
and modify the regulations. In July
2003, Earthjustice, on behalf of
Environment Defense, asked the Court
to put EPA on an enforceable schedule
to issue new regulations under the
original court remand. Consequently,
EPA agreed to a two-year schedule for
promulgating such regulations by
September 30, 2005. At a minimum, the
regulations will provide EPA's
interpretation of the statutory
requirements for developing adequate
increments to prevent significant
deterioration for nitrogen oxides. Based
on our interpretation, we will consider
the need for revising the existing
increments for nitrogen dioxide,
including both an annual and short-
term averaging period, and the
regulation of other nitrogen oxide
compounds other than nitrogen
dioxide.
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27578
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/23/05 70 FR 8880
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4881,
EDocket No.:
http://wwrw.epa.gov/edocket, OAR-
2004-0013;
Agency Contact: Dan Deroeck,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-5593
Fax: 919 541-5509
Email: deroeck.dan@epamail.epa.gov
Racqueline Shelton, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919-541-0898
Fax: 919-541-5509
Email:
shelton.racqueline@epamail.epa.gov
RIN: 2060-AM33
3025. TEST PROCEDURES FOR
HIGHWAY AND NONROAD ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 1065
Legal Deadline: None
Abstract: This regulation aims to
harmonize test procedures from the
various EPA programs for controlling
engine emissions. It will not address
emission standards, nor will it lead to
additional emission reductions. Rather,
it will amend 40 CFR part 1065, which
contains laboratory specifications for
equipment and test fuels, instructions
for preparing engines and running tests,
calculations for determining final
emission levels from measured values,
and instructions for running emission
tests using portable measurement
devices outside the laboratory. This
action is needed because EPA has
historically drafted a full set of testing
specifications for each vehicle or
engine category subject to emission
standards as each program was
developed over the past three decades.
This patchwork approach has led to
some variation in test parameters across
programs, which we hope to address
by adopting a common set of test
requirements. The primary goal of this
effort is to create unified testing
requirements for all engines, which
when implemented will streamline
laboratory efforts for EPA and industry.
This action will also include other
technical changes intended to clarify
and better define requirements, which
in some cases will increase
manufacturers' flexibility and decrease
burden.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/10/04 69 FR 54846
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4883;
Agency Contact: Glenn Passavant,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM35
3026. REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 7601 (a)
CFR Citation: 40 CFR 80.46(a)(l); 40
CFR 80.46(a)(2); 40 CFR 80.46(f)(3)(i);
40 CFR 80.46(g)(2)(i); 40 CFR
80.580(a)(2)(i); 40 CFR 80.580(a)(3)(ii)
Legal Deadline: None
Abstract: Fuel manufacturers of
gasoline and diesel fuel are required to
measure certain properties in order to
demonstrate compliance with our
motor vehicle fuels programs at 40 CFR
part 80. This rule promulgates test
method changes which are approved
under the jurisdiction of the American
Society of Testing and Materials
(ASTM). Except as specified below, the
American Petroleum Institute (API)
recently recommended these test
method changes to the Agency. The
Agency has evaluated these
recommended test methods changes,
agrees with them, and believes they are
based on good science. Furthermore,
they would provide additional
flexibility to the regulated parties.
Specifically, the following changes
would occur by this action: (1) update
ASTM analytical test methods, ASTM
D 2622, ASTM D 3120, ASTM D 5453,
ASTM D 1319 and ASTM D 4815 to
their most recent ASTM version, (2)
update the regulations to refer to
analytical test method ASTM D 6920-
03 in our regulations, rather than
ASTM D 6428-99, (3) change the
designated test method for measuring
sulfur in butane to ASTM D 6667-01,
and continuing to allow ASTM D 3246-
96 as an alternative test method for
measuring sulfur in butane until the
Agency promulgates a performance-
based test method approach, (4) upon
petition to the Agency by X-Ray Optical
Systems, Inc., allow an additional
alternative test method for measuring
sulfur in gasoline, ASTM D 7039-04,
and (5) remove the September 1, 2004,
sunset provisions for the alternative
analytical test methods, ASTM D 1319,
which measures aromatics in RFC and
CG, and ASTM D 4815, which
measures oxygenate content in RFG and
CG. These alternative test methods will
be continued to be allowed to be used
until the Agency promulgates a
performance-based test method
approach for qualifying alternative
analytical test methods.
Timetable:
Action
Date FR Cite
Direct Final Action
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4895;
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9034
Fax: 202 343-2802
Email: sopata.joe@epamail.epa.gov
Dave Kortum, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202-343-9022
Fax: 202 343-2802
Email: kortum.dave@epamail.epa.gov
RIN: 2060-AM42
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27579
EPA—Clean Air Act (CAA)
Final Rule Stage
3027. PROTECTION OF
STRATOSPHERIC OZONE: IMPORT
PETITIONING REQUIREMENTS FOR
HALON-1301 AIRCRAFT FIRE
EXTINGUISHING VESSELS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule will provide an
exemption under the import petitioning
requirements for used ozone-depleting
substances. The petitioning
requirements outline the information
that importers must submit to the
Administrator at least forty working
days before a shipment is to leave the
foreign port of export. This rule will
reduce the administrative burden of
anyone petitioning to import aircraft
fire extinguishing spherical pressure
vessels containing halon-1301 (halon
bottles) for hydrostatic testing in the
United States. The rule would require
importers to adhere to all import
petitioning requirements but would
require one petition to be submitted
annually for all shipments rather than
submission of a petition for each
individual shipment forty working days
prior to export. Halon bottles are
individual bottles containing halon-
1301 that are connected to a larger fire
suppression system within an aircraft.
The halon bottles are brought into the
United States for hydrostatic testing in
which the halon is removed, the bottles
are tested to ensure durability and
effectiveness, and the same amount or
more of halon is replaced back in the
bottles and exported once again. The
halon bottles must be routinely tested
under Federal Aviation Administration
and United States Department of
Transportation regulations. The
exemption to minimize the import
petitioning requirements is being
initiated because the bottles are not
being imported for the eventual use or
resale of the halon contained in the
bottles and because hydrostatic testing
of the bottles is required under FAA
and DOT regulations.
Timetable:
Action
Date
FR Cite
Direct Final Action 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4900;
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9313
Fax: 202-564-2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM46
3028. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2005
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82.4(n)
Legal Deadline: None
Abstract: This rule will allocate
essential use allowance for import and
production of class I stratospheric
ozone depleting substances (ODSs) for
calendar year 2005. Essential use
allowances enable a person to obtain
controlled class I ODSs as an
exemption to the regulatory ban on
production and import of these
chemicals, which became effective on
January 1, 1996. EPA allocates essential
use allowances for exempted
production or import of a specific
quantity of class I ODSs solely for use
in medically essential asthma inhalers.
Timetable:
Action
Date
FR Cite
NPRM 12/22/04 69 FR 76655
Supplemental NPRM 02/23/05 70 FR 8753
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4893;
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9712
Fax: 202 343-2338
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM50
3029. PROTECTION OF THE
STRATOSPHERIC OZONE:
ALTERNATIVES FOR THE MOBILE
AIR CONDITIONING SECTOR UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671k
CFR Citation: 40 CFR 82.180
Legal Deadline: None
Abstract: This rulemaking will list two
new alternatives to ozone depleting
substances in the mobile air
conditioning sector and outline the
conditions necessary for their safe use.
These new alternatives have better
energy efficiency and lower impacts on
the environment than currently
available systems. By approving these
systems under SNAP, EPA will provide
additional choices to the automotive
industry which, if adopted would
reduce the impact of mobile air
conditioners on the global environment.
The automotive industry if they chose
to adopt these technologies would be
required to comply with the conditions
necessary to deploy these systems in
a safe manner.
Timetable:
Action
Date
FR Cite
Direct Final Action 10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4918;
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9464
Fax: 202 343-2362
Email: thundiyil.karen@epamail.epa.gov
Dave Godwin, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9324
Fax: 202-343-2363
Email: godwrin.dave@epamail.epa.gov
RIN: 2060-AM54
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27580
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3030. PROTECTION OF
STRATOSPHERIC OZONE:
EXTENSION OF THE LABORATORY
AND ANALYTICAL USE EXEMPTION
FOR ESSENTIAL CLASS I OZONE
DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule extends the period
of applicability of an existing
exemption to the ban on import and
production of class I ozone depleting
substances (ODSs), authorized by the
Montreal Protocol on Substances that
Deplete the Ozone Layer and consistent
with the Clean Air Act Amendments.
The exemption applies to production
and import of ODSs for essential
laboratory and analytical uses as
defined by the Montreal Protocol. The
Montreal Protocol has permitted this
exemption since 1994. At the 2003
Meeting of the Parties, the Parties took
Decision XV/8, which extended the
period of the exemption through
December 31, 2007. EPA is updating its
regulations to incorporate Decision
XV/8. The rule also proposes to make
typographical changes to its regulations
for the essential use program. Earlier
rules published by EPA shifted the
paragraph order but did not update all
of the references to deleted paragraphs.
Timetable:
Action
Date FR Cite
Final Action
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4894;
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9712
Fax: 202 343-2338
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM56
3031. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR) EQUIPMENT
REPLACEMENT PROVISION (ERP);
RECONSIDERATION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21
Legal Deadline: None
Abstract: This rulemaking is a follow
up to SAN 4676, which is a final rule
that specifies categories of equipment
replacement activities that would
qualify as "routine maintenance, repair,
and replacement" (RMRR) under the
Clean Air Act's New Source Review
(NSR) Program (40 CFR Parts 51 and
52). SAN 4676's final action — referred
to as the "equipment replacement
provision" (ERP) — was promulgated
in the Federal Register on 10/27/03.
(The rule was subsequently stayed by
the US Court of Appeals (DC Circuit)
on 12/24/03; see SAN 4676.1, RIN
2060-AM57, elsewhere in this
Regulatory Agenda.) EPA received
petitions for reconsideration from a
number of environmental and public
interest groups and a group of states
on several issues in the ERP. This
action, SAN 4676.2, grants
reconsideration of three issues
contained in those petitions: our legal
basis for the ERP, the 20 percent cost
threshold for replacements under the
ERP, and the modification made to the
approach for state plans to
automatically update each time EPA
revises the FTP. On August 2, EPA
conducted a public hearing on the
Reconsideration notice (published on
7/1/04). The comment period for the
Reconsideration FR notice concluded
on August 30. EPA received over 350
comments for the ERP Reconsideration
— 80% of the comments were from
citizens, 15% were from industry, and
the remaining 5% were from either
state/local agencies, environmental
groups, or federal agencies.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/01/04 69 FR 40278
05/00/05
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No.
4676.2; Split from RIN A2060. Split
from RIN 2060-AK28
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM58
3032. NONATTAINMENT MAJOR NEW
SOURCE REVIEW (NSR): FINAL
RULES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51, app S
Legal Deadline: None
Abstract: This action will promulgate
changes to regulations that govern NSR
permitting of major stationary sources
in nonattainment areas where there is
no approved SIP. Appendix S of 40
CFR part 51 contains the permitting
program for major stationary sources in
nonattainment areas in transition
periods before approval of a SIP to
implement part D of title I. This action
will revise appendix S to conform it
to the changes made to regulations at
40 CFR 51.165 for SIP programs for
nonattainment major NSR (67 FR
80816; December 31, 2002). It will
cover Baseline Emissions
Determination, Actual-to- Future-Actual
Methodology, Plantwide Applicability
Limitations, Clean Units, Pollution
Control Projects.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27581
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No.
3259.2; Split from RIN 2060-AE11. See
also SAN 4390
Agency Contact: Janet McDonald,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
Phone: 919-541-1450
Fax: 919 541-5509
Email: mcdonald.janet@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM59
3033. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
COATING MANUFACTURING;
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The final rule was published
on December 11, 2003. These minor
amendments clarify the requirements
for process vessels and include several
technical corrections.
Timetable:
Action
Date
FR Cite
Direct Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4890;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AM72
3034. NESHAP: ORGANIC LIQUID
DISTRIBUTION—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Two amendments will be
written in which requests for
reconsideration will be addressed. End
users have always been covered by the
rule. It has always been our intention
to cover distribution of organic liquids
wherever it might take place. This will
be clarified in the first amendment.
Recordkeeping requirements will also
be reduced. Typographical and cross-
referencing errors will be corrected and
control requirement oversights will be
corrected. The second amendment will
reintroduce and regulate wastewater in
this NESHAP. It was requested that this
be done by one of the petitioners.
Timetable:
Action
Date FR Cite
Direct Final Action
07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4910;
Agency Contact: Martha Smith,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM77
3035. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) FOR
STATIONARY COMBUSTION
TURBINES
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
February 9, 2005, Must propose
revision to NSPS.
Final, Judicial, February 9, 2006, Must
promulgate final rule.
Abstract: Stationary combustion
turbines emit varying amount of air
pollutants. These emissions have effects
on both human health and the
environment. New source performance
standards set the minimum level of
control for criteria pollutants
(maximum emission rate) for new
emission sources. These standards help
to assure that new sources of pollution
do not release excessive amounts of
pollution to the atmosphere. This
action is necessary since the Clean Air
Act requires these standards to be
reviewed periodically. The
Environmental Protection Agency
intends to review and, if appropriate,
revise the new source performance
standards for combustion turbines. New
combustion turbines will be affected by
this action. This action will ensure that
the standards properly account for
presently economically available
pollution prevention and pollution
control technologies.
Timetable:
Action
Date FR Cite
NPRM 02/18/05 70 FR 8314
Final Action 03/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4912;
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5340
Email: pagan.jaime@epamail.epa.gov
Christian Fellner, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919-541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
RIN: 2060-AM79
3036. NEW SOURCE PERFORMANCE
STANDARDS (NSPS) FOR ELECTRIC
UTILITY STEAM GENERATING UNITS
AND INDUSTRIAL AND COMMERCIAL
BOILERS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
February 9, 2005, Under consent with
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27582
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Sierra Club and Our Children's Earth
Foundation must propose amendments
to the NSPS standards.
Final, Judicial, February 9, 2006, Under
consent with Sierra Club and Our
Children's Earth Foundation must
promulgate amendments to the NSPS
standards.
Abstract: Electric utility steam
generating units and industrial and
commercial boilers emit varying
amount of air pollutants. These
emissions have effects on both human
health and the environment. New
source performance standards set the
minimum level of control for criteria
pollutants (maximum emission rate) for
new emission sources. These standards
help to assure that new sources of
pollution do not release excessive
amounts of pollution to the
atmosphere. This action is necessary
since the Clean Air Act requires these
standards to be reviewed periodically.
The Environmental Protection Agency
intends to review and, if appropriate,
amend the new source performance
standards for electric utility steam
generating units and industrial and
commercial boilers. New utility steam
generating units (40 CFR Part 60,
Subpart Da) and industrial and
commercial boilers (40 CFR Part 60,
Subparts Db and DC) will be affected
by this action. This action will ensure
that the standards properly account for
presently economically available
pollution prevention and pollution
control technologies.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/28/05 70 FR 9705
03/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4913,
EDocket No.: OAR-2005-0031;
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Washington, DC 20460
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AM80
3037. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for Coke Ovens:
Pushing, Quenching, and Battery Stacks
on April 14, 2003. EPA was
subsequently petitioned by industry
concerning several technical issues.
EPA has engaged in negotiations with
industry concerning the resolution of
these issues and has agreed to propose
amendments to address them.
Timetable:
Action
NPRM
Direct Final Rule
Direct Final Rule
Partial Withdrawal
Final Action
Date FR Cite
10/13/04 69 FR 60837
10/13/04 69 FR60813
01/10/05 70 FR 1670
09/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4919;
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-2910
Email: melton.lula@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM83
3038. REGULATION OF FUELS AND
FUEL ADDITIVES: REFINER AND
IMPORTER QUALITY ASSURANCE
REQUIREMENTS FOR DOWNSTREAM
OXYGENATE BLENDING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c) and
7545(k)
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule would amend the
reformulated gasoline regulations to
allow refiners and importers of
"reformulated gasoline blendstock for
oxygenate blending," or RBOB, to use
an alternative method of fulfilling the
regulatory requirement to conduct
quality assurance sampling and testing
at downstream oxygenate blending
facilities. This alternative method
would consist of a comprehensive
program of quality assurance sampling
and testing calculated to achieve the
same objectives as the current
regulatory quality assurance
requirement, i.e., to ensure that all
facilities that blend oxygenate with
RBOB in a given reformulated gasoline
area are blending the required amounts
of oxygenate. The program would be
carried out by an independent
association funded by an industry
consortium. The program would be
conducted pursuant to a survey plan,
approved by EPA. This action will not
have any adverse environmental
impact.
Timetable:
Action
Date
FR Cite
Direct Final Rule 06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4930;
Agency Contact: Marilyn Bennett,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202-343-9624
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AM88
3039. NESHAP FOR REFRACTORY
PRODUCTS MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 91-190, sec 203
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The national emission
standards for hazardous air pollutants
(NESHAP) for new and existing
refractory products manufacturing
facilities, were promulgated on April
16, 2003, under section 112(d) of the
Clean Air Act (CAA). These
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EPA—Clean Air Act (CAA)
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amendments clarify the testing and
monitoring requirements of the
NESHAP, bring the NESHAP into
consistency with recent changes to the
General Provisions to part 63, and make
certain technical corrections to the rule.
We view the revisions as
noncontroversial and anticipate no
significant adverse comments.
Timetable:
Timetable:
Action
Date
FR Cite
Direct Final Rule
06/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4937;
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM90
3040. AMENDMENTS TO
COMPLIANCE CERTIFICATION
REQUIREMENTS FOR STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS; CORRECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l4a; 42
USC 7661 to 7661f
CFR Citation: 40 CFR 70.6 (Correction);
40 CFR 71.6 (Correction)
Legal Deadline: None
Abstract: The amendments to the
compliance certification requirements
for State and Federal operating permits
were published in the Federal Register
on June 27, 2003 (SAN 4671). The
amendatory language of the final rules
contained an editing error; a sentence
was removed from the rules. This error
could be misleading and needs to be
clarified. Today's action corrects this
error by inserting the missing sentence
back into the rules.
Action
Date FR Cite
Direct Final Rule
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4941;
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, MD 304-04, Research
Triangle Park, NC 27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Ray Vogel, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AM92
3041. • REVISION TO THE DEFINITION
OF VOLATILE ORGANIC
COMPOUNDS—REMOVAL OF VOC
EXEMPTIONS FOR CALIFORNIA'S
AEROSOL COATINGS
REACTIVITY-BASED REGULATION
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 110
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action would revise
EPA's definition of VOCs so that
compounds which were previously
identified as negligibly reactive and
exempt from EPA's regulatory
definitions of VOCs will count towards
a product's reactivity-based VOC limit
for the purpose of California's aerosol
coating regulation.
Timetable:
Action
Date
FR Cite
NPRM 01/07/05 70FR1640
Final Action 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4943,
EDocket No.: OAR-2003-0200;
Agency Contact: Stanley Tong,
Environmental Protection Agency, Air
and Radiation, AIR4, San Francisco, CA
94105
Phone: 415 947-4122
Fax: 415 947-3579
Email: tong.stanley@epamail.epa.gov
RIN: 2060-AM98
3042. • PM 2.5 AND PM10 HOT-SPOT
ANALYSES IN TRANSPORTATION
CONFORMITY RULE AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 51 and 93
Legal Deadline: None
Abstract: This action would
promulgate a supplemental NPRM that
was proposed under the SAN No. 4811,
which is an amendment to the existing
transportation conformity rule. The
transportation conformity rule ensures
that transportation planning is
consistent with a State's plans for
achieving the air quality standards. The
SAN No. 4811 amendments to the
existing transportation conformity rule
are necessary as a result of the new
8-hour ozone and PM2.5 air quality
standards. The main issues that will be
addressed in these amendments are the
regional emissions tests that apply
before new SIPs are submitted and
which particulate matter provisions of
the rule apply to PM2.5. The current
action, SAN No. 4811.1, will
promulgate the aforementioned SAN
No. 4811 supplemental NPRM.
Timetable:
Action
Date FR Cite
Supplemental NPRM 12/1 3/04 69 FR 72140
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4811.1; Split from RIN 2060-AL73.
2060-AI56 was merged into this action
May 2004
Agency Contact: Rudolph Kapichak,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, 1200
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Final Rule Stage
Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 734-214-4858
Fax: 734 214-4052
Email: berry.laura@eparnail.epa.gov
RIN: 2060-AN02
3043. • TRANSPORTATION
CONFORMITY AMENDMENTS FOR
THE NEW PM2.5 NAAQS STANDARDS
AND PM2.5 PRECURSORS
Priority: Other Significant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 51 and 93
Legal Deadline: None
Abstract: The transportation
conformity rule ensures that
transportation planning is consistent
with a State's plans for achieving the
air quality standards. These
amendments to the existing
transportation conformity rule are
necessary as a result of the new 8-hour
ozone and PM2.5 air quality standards.
The main issues that will be addressed
in these amendments are the regional
emissions tests that apply before new
SIPs are submitted and which
particulate matter provisions of the rule
apply to PM2.5. This amendment adds
the following transportation related PM
2.5 precursors to the transportation
conformity regulations: nitrogen oxide,
volatile organic compounds, sulfur
oxides, and ammonia. The amendment
specifies when each of these precursors
must be considered in conformity
determinations in PM 2.5
nonattainment and maintenance areas
before and after PM 2.5 State air quality
implementation plans are submitted.
Timetable:
Action
Date FR Cite
Final Rule
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No.
4811.2; Split from RIN 2060-AL73.
2060-AI56 was merged into this action
May 2004
Agency Contact: Rudolph Kapichak,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Ann Arbor, MI 48105
Phone: 734-214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, 1200
Pennsylvania Ave, Ann Arbor, MI
48105
Phone: 734-214-4858
Fax: 734 214-4052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN03
3044. • STAY OF THE FINDINGS OF
SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
Legal Deadline: Other, Statutory,
November 15, 2004, DOJ must file brief
in response to litigation on this date.
Rule signature would allow them to
cite rule as our response.
Abstract: In this action, EPA is
proposing to stay the effectiveness of
a final rule we issued under Section
110 of the Clean Air Act (CAA) related
to the interstate transport of nitrogen
oxides (NOx). On April 21, 2004, EPA
issued a final rule that required the
State of Georgia to submit SIP revisions
that prohibit specified amounts of NOx
emissions-one of the precursors to
ozone (smog) pollution-for the purposes
of reducing NOx and ozone transport
across state boundaries in the eastern
half of the United States. Subsequently,
the Georgia Coalition for Sound
Environmental Policy (GCSEP) filed a
petition for reconsideration requesting
that EPA reconsider the inclusion of
the state of Georgia in the rule and also
requested a stay of the applicability of
the requirements as to the state of
Georgia. In response to this Petition,
EPA is proposing to stay the
effectiveness of the April 21, 2004, rule
as it relates to the state of Georgia
while EPA conducts notice-and-
comment rulemaking to further address
the issues raised by the Petitioners.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/01/05 70 FR 9897
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4952;
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-5665
Fax: 919-541-0824
Email: king.jan@epamail.epa.gov
Winifred Okoye, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202 564-5446
Email: okoye.winifred@epa.gov
RIN: 2060-AN06
3045. • FINDING OF FAILURE TO
SUBMIT SECTION 110(A) SIP
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 110
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: By this action, EPA will be
making a finding that States failed to
submit adequate State Implementation
Plans (SIPs) to satisfy certain
infrastructure and general authority-
related elements required under section
110(a)(2) of the Clean Air Act (CAA)
for the revised ozone and PM-2.5
National Ambient Air Quality
Standards (NAAQS). Section 110(a)(l)
of the CAA requires that States submit
SIPs that implement, maintain, and
enforce a new or revised NAAQS
which satisfies the requirements of
section 110(a)(2) within three years of
promulgation of such standard, or
shorter period as EPA may provide.
Pursuant to the requirements under
section 110(a)(l), States were required
to submit SIPs that satisfied the
requirements of section 110(a)(2) by
July 2000. At present, some States have
not submitted SIPs to satisfy this
requirement of the Act, and EPA is by
this action making a finding of failure
to submit which starts a 2-year clock
for the promulgation of a Federal
Implementation Plan (FIP) if the SIPs
are not submitted by States within this
time period.
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Final Rule Stage
Timetable:
Action
Date FR Cite
Direct Final Rule 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4954;
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-0906
Fax: 919 541-5489
Email: wallace.larry@epamail.epa.gov
Joe Paisie, Environmental Protection
Agency, Air and Radiation, C504-02,
Research Triangle Park, NC 27711
Phone: 919-541-5556
Email: paisie.joe@epamail.epa.gov
RIN: 2060-AN07
3046. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING— AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The direct final rule amends
40 CFR part 63 subpart FFFF by
clarifying and amending requirements
for combustion control devices and
amending requirements for vapor
balancing.
Timetable:
Action
Date FR Cite
Direct Final Rule 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4957;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AN09
3047. • PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL USES OF
METHYL BROMIDE FOR THE 2005
SUPPLEMENTAL REQUEST
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title VI
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: With this action EPA is
revising the accelerated phaseout
regulations that govern the production,
import, export, tranformation and
destruction of substances that deplete
the ozone layer. The amendments will
incorporate exemptions permitted
under the Montreal Protocol and the
Clean Air Act. Specifically, the
amendments will create a process to
exempt production and consumption of
quantities of methyl bromide for critical
uses beyond the 2005 phaseout.
Because this is an exemption to the
phaseout, it confers a benefit on
affected entities. The rule will allocate
quantities of methyl bromide for critical
use exemptions for the 2005
supplemental request authorized by the
parties to the Montreal Protocol. The
allocation framework and other 2005
quantities were established in a
separate regulation entitled "Protection
of Stratospheric Ozone: Process for
Exempting Critical Uses of Methyl
Bromide" (SAN 4535), which was
promulgated on 12/23/2004 (69 FR
76982).
Timetable:
Action
Date FR Cite
Final Action
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4961;
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
RIN: 2060-AN13
3048. • SMALL MUNICIPAL WASTE
COMBUSTOR NEW SOURCE
PERFORMANCE STANDARDS AND
EMISSION GUIDELINES
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill and 129
CFR Citation: 40 CFR 60 subparts
AAAA and BBBB; 40 CFR 62
Legal Deadline: None
Abstract: This rule would amend the
final (Dec. 2000) small municipal waste
combustors (MWC) new source
performance standards (NSPS),
emission guidelines (EG), and Federal
lll(d) plan. The small MWC rule
regulates owners and operators of small
MWC, which are MWC units with
capacities between 35 tons per day
(tpd) and 250 tpd. The amendments
will not change the response (the types
of emission controls that will be used)
of the facilities to the rule, but will
provide clarification and correction.
Specifically, the amendments will
include: (1) fixing typographical errors
created by the Office of the Federal
Register; (2) approval of State operator
training programs for MWC operators
in the State of Minnesota (this was
previously done for MWC operators in
the States of Maryland and
Connecticut); (3) addressing carbon
monoxide (CO) emission limits during
MWC malfunctions (this same
provision was already added to large
MWC standards in a previous
rulemaking); (4) revising a CO limit for
one type of MWC and a NOx limit for
another type of MWC; and (5) removing
one voluntary consensus standard,
ASTM D-6522, which is not an
appropriate test method for this
industry. These changes need to be
made to address compliance issues for
this rule prior to the December 6, 2005,
compliance date.
Timetable:
Action
Date
FR Cite
Direct Final Rule
12/00/05
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EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4970;
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
C-439-01, Research Triangle Park, NC
27711
Phone: 919-541-5264
Fax: 919 541-5450
Email: stevenson.walt@epamail.epa.gov
RIN: 2060-AN17
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3049. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
NPRM
Notice
Reproposal
Date
09/08/99
01/26/00
To Be
FR Cite
64 FR 48725
65 FR 4244
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4315;
Formerly listed as RIN 2060-AI79
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
San Francisco, CA 94105
Phone: 415-947-4106
Fax: 415-947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIR1, Washington, DC 20460
Phone: 520-498-0118
Fax: 520-498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3050. 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
Reproposal To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3569;
NPRM-
http://wrww.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.htm.; Formerly listed as RIN
2060-AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, AIRS,
San Francisco, CA 94105
Phone: 415-947-4106
Fax: 415-947-3579
Email: mcdaniel.doug@epamail.epa.gov
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco, AIR1, Washington, DC 20460
Phone: 520-498-0118
Fax: 520-498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01
3051. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
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EPA—Clean Air Act (CAA)
Long-Term Actions
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE95
3052. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(3); REVISIONS TO THE LIST OF
SUBSTANCES
Priority: Other Significant
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.130
Legal Deadline: None
Abstract: The list of substances subject
to the Chemical Accident Prevention
requirements at 40 CFR Part 68 was
promulgated on January 31, 1994. The
Clean Air Act states that the list may
be revised from time to time by EPA's
own motion or by petition and shall
be reviewed at least every 5 years.
Since the January 1994 final list rule,
EPA has modified the listing for
hydrochloric acid; deleted a category of
explosive chemicals; exempted
flammable substances in gasoline used
as fuel and in naturally occurring
hydrocarbon mixtures prior to initial
processing; and excluded flammable
substances used as a fuel or held for
sale as a fuel at a retail facility. In
fulfillment of the statute's five-year
review requirement, EPA has
conducted a thorough review of the list.
Based on that review, EPA is proposing
additions, deletions and modifications
to the list of substances. Deletions are
based on EPA's review of the chemical
toxicity, physical property,
production/use quantity and accident
history of currently listed substances
and new information or erroneous data
that impacts the basis of the chemical's
listing. Other toxic and flammable
chemicals are proposed to be added
because they meet the criteria for
listing a toxic or flammable substance.
In addition, EPA proposes to revise the
reporting threshold and toxic endpoints
of several toxic substances based on
updated toxicity information. Facilities
(such as chemical manufacturers,
processors, and users), with more than
the threshold quantity of a listed
substance in a process, are required to
develop a Risk Management Program
and submit a Risk Management Plan to
EPA. The proposed changes to the list
will ensure that facilities are properly
managing risks of the most acutely
toxic and flammable chemicals that
could have an adverse impact on the
facility and surrounding community in
event of an accidental release.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4619;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE96
3053. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Clean Air Act requires
reviews every five years.
Abstract: Review of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO) every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/08
11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4266;
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919-541-5288
Fax: 919 541-0237
Email: mckee.dave@epamail.epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone: 919-541-5271
Fax: 919 541-0237
Email:
richmond.harvey@epamail.epa.gov
RIN: 2060-AI43
3054. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
Legal Authority: 42 USC 7409 "CAA
109"
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Legal Deadline: None
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy—the
Intervention Level Program—was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001 (66 R 1665). EPA conducted
monitoring to evaluate sources of SO2
peaks and is currently analyzing these
data.. The results of this project will
inform the response to the remand.
Timetable:
Action
Date FR Cite
NPRM NAAQS
Review
NPRM NAAQS
Implementation
Final NAAQS Review
NPRM Review
NAAQS
Implementation
Notice Response to
Remand
NPRM
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62FR210
05/05/98 63 FR 24782
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 1002;
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919-541-5288
Fax: 919 541-0237
Email: mckee.dave@epamail.epa.gov
Susan Stone, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919-541-1146
Email: stone.susan@epa.gov
RIN: 2060-AA61
3055. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND
RESINS-AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned. Subsequently, six
litigants have petitioned for review of
the elastomers and thermoplastics
regulations. Four companies have
petitioned EPA to reconsider specific
provisions in the thermoplastics
regulation. Revisions will be proposed
to parallel HON changes and to resolve
petitioners' issues.
Timetable:
Action
Date
FR Cite
NPRM 4
NPRM 5
08/29/00 65 FR 52319
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3939;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AH47
3056. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670-7479
CAA 160 to 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.
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27589
EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
05/16/97 62 FR 27158
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919;
Agency Contact: Barrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202-564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
3057. NESHAP: AEROSPACE
MANUFACTURING AND REWORK
FACILITIES RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 30, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart GG.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from the same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/07
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4653;
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK08
3058. NESHAP: GROUP II POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
8, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA. This
source category covers certain chemical
process units used to manufacture
products. The current action, required
by section 112(f] of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
09/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4657;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK13
3059. NESHAP: NATIONAL EMISSION
STANDARDS FOR MARINE TANK
VESSEL LOADING OPERATIONS-
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
September 19, 2003, Final Action.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart Y.
This source category covers tanks or
ships that contain gasoline, crude oil,
or HAPs in bulk. The current action,
required by section 112(fJ of the CAA,
is to assess residual risks from this
same source category, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/07
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4661;
Sectors Affected: 483 Water
Transportation
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919-541-0837
Fax: 919 541-0942
Email:
markwrordt.david@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AK17
3060. NESHAP: SECONDARY LEAD
SMELTING RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, June
23, 2003.
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Abstract: National emission standards
for hazardous air pollutants (NESHAP)
for secondary lead smelting were
promulgated on June 23, 1995 under
Clean Air Act section 112(d). The
standards establish emission limitations
and work practice standards for all new
and existing secondary lead smelters
that produce refined lead from lead
scrap, mainly lead acid batteries. Clean
Air Act section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from secondary lead smelters and to
develop new risk based standards, if
warranted.
Timetable:
Action
Date FR Cite
NPRM 01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4665;
Sectors Affected: 331492 Secondary
Smelting, Refining, and Alloying of
Nonferrous Metal (except Copper and
Aluminum)
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5308
Fax: 919-541-5450
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTP, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AK19
3061. NESHAP: WOOD FURNITURE
MANUFACTURING OPERATIONS-
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 7, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJ.
This source category covers air-toxic
emissions from wood-furniture
manufacturing, including wood
finishing, gluing, and painting. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM 05/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4667;
Sectors Affected: 337 Furniture and
Related Product Manufacturing; 337211
Wood Office Furniture Manufacturing
Agency Contact: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK21
3062. NESHAP: PRINTING AND
PUBLISHING INDUSTRY—RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
30, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart KK.
This source category covers air-toxic
emissions from many activities located
at printing and publishing facilities —
primarily the printing process itself,
plus affiliated equipment such as
cleaning, ink and solvent mixing,
chemical storage, and solvent recovery.
The current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4664;
Sectors Affected: 322221 Coated and
Laminated Packaging Paper and Plastics
Film Manufacturing; 322222 Coated
and Laminated Paper Manufacturing;
323112 Commercial Flexographic
Printing; 323111 Commercial Gravure
Printing; 322212 Folding Paperboard
Box Manufacturing; 322225 Laminated
Aluminum Foil Manufacturing for
Flexible Packaging Uses; 323119 Other
Commercial Printing; 322223 Plastics,
Foil, and Coated Paper Bag
Manufacturing
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-0859
Fax: 919 541-5689
Email: salman.dave@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AK24
3063. NESHAP: PETROLEUM
REFINERIES — RESIDUAL RISK
STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
August 31, 2003.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR Part 63, Subpart CC.
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27591
EPA—Clean Air Act (CAA)
Long-Term Actions
This source category covers air-toxic
emissions from equipment at petroleum
refineries, such as process vents,
storage vessels, and valve leaks. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4663;
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK25
3064. NATIONAL EMISSION
STANDARDS FOR CHROMIUM
EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM
ELECTROPLATING AND CHROMIUM
ANODIZING TANKS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
January 25, 2003.
Abstract: A national emission standard
for chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks was
previously promulgated under section
112(d) of the Clean Air Act. That
standard set emission limits for
chromium emissions from hard and
decorative chromium electroplating and
chromium anodizing tanks. The Clean
Air Act section 112(f) requires us to
assess within 8 years of promulgation
of a NESHAP the remaining risk to the
public and to develop additional more
stringent standards if such standards
are needed to protect the public health
with an ample margin of safety. This
action is to examine the remaining risk
from hard and decorative chromium
electroplating and chromium anodizing
tanks and, if warranted, to develop new
risk based standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/07
05/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4750;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AK72
3065. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR STATIONARY
COMBUSTION TURBINES—PETITION
TO DELIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the Gas Turbines
source category from the list of
hazardous air pollutant sources under
section 112(c) of the Clean Air Act. The
Agency must review the petition and
either grant or deny the petition within
12 months of the date the complete
petition is received. If the Agency
grants the petition, a notice of proposed
rulemaking will be published in the FR,
allowing the opportunity for public
comment. If the Agency denies the
petition, a notice of denial will be
published in the Federal Register
providing an explanation of the denial.
Timetable:
Action
Date
FR Cite
NPRM —Delisting 04/07/04 69 FR 18327
NPRM-Stay 04/07/04 69 FR 18338
Final Action - Stay 08/18/04 69 FR 51184
Final Action-Delisting 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
Other Statutory deadline: 12 months
from the date of the receipt of the last
information completing the petition.
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919-541-2962
Fax: 919 541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
3066. NESHAP: GROUP I POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 6, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart U.
This source category covers process
units used to manufacture elastomer
products from raw materials. The
current action, required by section
112(f) of the CAA, is to assess residual
risks from this same source category,
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EPA—Clean Air Act (CAA)
Long-Term Actions
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4656;
Sectors Affected: 325212 Synthetic
Rubber Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504—04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK12
3067. NESHAP: GROUP IV POLYMERS
AND RESINS—RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 12, 2004.
Abstract: EPA developed technology-
based standards for this source category
under section 112(d) of the CAA,
codified in 40 CFR part 63, subpart JJJ.
This source category covers chemical
process units used to manufacture
thermoplastic products from raw
materials. The current action, required
by section 112(f) of the CAA, is to
assess residual risks from this same
source category, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4658;
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Bob Rosensteel,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK15
3068. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory,
December 14, 1999, The rulemaking
includes action on 4 separate petitions.
See Additional Information.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
defined in EPA's NOx SIP call. The
EPA took rulemaking action on similar
petitions from 8 other Northeastern
States that were submitted in 1997.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN 4383.
There is a different statutory deadline
associated with each petition based on
the date of receipt by EPA: New Jersey
- 12/14/99, Maryland - 01/01/00,
Delaware - 02/10/00, District of
Columbia - 03/07/00
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, MD-15,
C539-02, Research Triangle Park, NC
27711
Phone: 919-541-5565
Fax: 919 541-0824
Email: cole.david@epamail.epa.gov
RIN: 2060-AI99
3069. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 CAA
203; 42 USC 7525 CAA 206; 42 USC
7541 CAA 207; 42 USC 7542 CAA 208;
42 USC 7601 CAA 301; 42 USC 7522
CAA 203; 42 USC 7550 CAA 216; 42
USC 7601 CAA 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
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Long-Term Actions
proven to be identical to a vehicle
certified for sale in the United States
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2665;
Agency Contact: Bob Doyal,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 343-9258
RIN: 2060-AI03
3070. SELECTION OF SEQUENCE OF
MANDATORY SANCTIONS TO BE
APPLIED PURSUANT TO SECTION
502 OF THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7661a(d); 42
USC 7661a(g); 42 USC 7661a(i)
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This rule would establish the
order of sanctions for operating permits
program deficiencies under the
mandatory sanctions provisions of title
V of the Clean Air Act. This rule would
stipulate that an emission offset
sanction applies first and a highway
funding sanction six months later.
Sanction application under section 502
of the Clean Air Act is automatic under
the timeframes prescribed once EPA
selects the sanction order; EPA's only
discretion concerns the ordering of
sanctions as discussed above. Thus, the
only relevant potential impact is the
effect of applying, as a general matter,
the emission offset sanction six months
before the highway sanction. The EPA
does not believe this will have a
significant impact given the short
period of time the offset sanction will
apply before the highway sanction
would apply when States fail to correct
title V deficiencies. Moreover, EPA also
believes that, in the event applying the
highway sanction is not necessary six
months following the offset sanction,
because the State has corrected the
deficiency prompting the finding,
applying the offset sanction first
eliminates the need for EPA and other
agencies to bear the greater
administrative and implementation
burden of having to effectuate the
highway sanction.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4700;
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, C304-04, Research
Triangle Park, NC 27711
Phone: 919-541-5348
Fax: 919 541-5509
Email: voorhees.scott@epamail.epa.gov
Ray Vogel, Environmental Protection
Agency, Air and Radiation, C304-04,
Research Triangle Park, NC 27711
Phone: 919-541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AK46
3071. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
NPRM
Final Action
Date
1 2/00/06
01/00/07
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3263;
Agency Contact: David Sosnowski,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734-214-4823
Fax: 734 214-4052
Email:
sosnowrski.david@epamail.epa.gov
RIN: 2060-AE20
3072. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511(a)(2)(b);
42 USC 7511(a)(2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/06
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3262;
Agency Contact: David Sosnowski,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734-214-4823
Fax: 734 214-4052
Email:
sosnowrski.david@epamail.epa.gov
RIN: 2060-AE22
3073. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA 176(c)
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Long-Term Actions
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3917;
Agency Contact: Angela Spickard,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734-214-4238
Email: spickard.angela@epamail.epa.gov
RIN: 2060-AH31
3074. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/06
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4348;
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, 6406, Ann Arbor, MI
48105
Phone: 734-214-4928
Fax: 734 214-4052
Email:
polovick.buddy@epamail.epa.gov
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, Washington,
DC 20460
Phone: 202-564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
3075. RESCINDING FINDING THAT
PREEXISTING PM10 STANDARDS
ARE NO LONGER APPLICABLE IN
NORTHERN ADA COUNTY/BOISE,
IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the
preexisting PM-10 NAAQS. Therefore,
in order to protect public health in the
Boise/Ada County area, EPA is
proposing to reinstate the pre-existing
PM-10 NAAQS. Without this action
there would be no Federal PM-10
NAAQS applicable to this area. This
action is tentatively subject to the terms
of a settlement agreement that was
signed by all parties in January 2001.
A Federal Register notice of the
proposed settlement requesting public
comment was published January 30,
2001, in accordance with section 113(g)
of the Act. No negative comments were
received. EPA/DOJ signed the
settlement agreement and the State is
in the process of carrying out its
obligations under the settlement
agreement. The State submitted its
maintenance plan for Boise on
9/27/2002. Under the settlement, EPA
agreed to take final action on the State's
submittal by 9/30/2003. On July 30,
2003 a Federal Register notice was
published proposing to rescind the
finding that the 1987 PM10 NAAQS are
not applicable in the Ada
County/Boise, Idaho area, and
simultaneously, to approve aPMlO SIP
maintenance plan for the Ada
County/Boise Idaho area and to
redesignate the area from
nonattainment to attainment. There will
be a 30-day comment period. Written
comments must be received on or
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Long-Term Actions
before August 29, 2003. Under the
settlement agreement, we must sign and
forward to the Federal Register office
our final action by September 30, 2003.
Timetable:
Action
Date FR Cite
NPRM1 06/26/00 65 FR 39321
Notice 07/26/00 65 FR 45953
NPRM 07/30/03 68 FR 44715
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN 4391.
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, MD-15, C504-02, RTF,
NC 27711
Phone: 919-541-3223
Fax: 919 541-5489
Email: blais.gary@epamail.epa.gov
Geoffrey Wilcox, Environmental
Protection Agency, Air and Radiation,
2344A, Washington, DC 20460
Phone: 202-564-5601
Email: wilcox.geoffrey@epamail.epa.gov
RIN: 2060-AJ05
3076. VOLUNTARY SUPERIOR
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 to 61; 40 CFR
63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: The Voluntary Superior
Monitoring (VSM) project has been
revised from a regulatory to non-
regulatory effort. Initially, the VSM
project was designed to provide
incentives to industry to induce them
to conduct better or "superior"
emissions monitoring than what is
required through regulation and
permitting. We had planned to revise
the Parts 60, 61, and 63 general
provisions to allow sources an option
to install and operate better emissions
monitoring (than what is regulatorily
required) in return for incentives. This
approach was deemed unworkable,
therefore we revised the goals of the
VSM project to aim for identifying
opportunities for better or superior
monitoring in new rulemakings. Thus,
the focus of VSM now is to work with
OAQPS regulation writers to find rules
that would benefit from voluntary
upgrades of emissions monitoring. For
example, we have inserted language in
an upcoming rule that allows states to
receive SIP credits for requiring sources
to install better emissions monitors.
This is a "win-win" situation. Sources
install the superior monitors, find
problems sooner, correct them quicker,
and emit less pollutants. This measure
can save sources money in maintenance
of control devices while emitting less
pollutants. Additionally, this measure
is much less expensive than, but just
as effective as, other control measures.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4783;
Sectors Affected: 325 Chemical
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 337 Furniture
and Related Product Manufacturing;
333 Machinery Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 323
Printing and Related Support Activities;
336 Transportation Equipment
Manufacturing; 221 Utilities; 321 Wood
Product Manufacturing
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919-541-5135
Fax: 919 541-0516
Email: driscoll.tom@epamail.epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
EN-341W, C339-02, Research Triangle
Park, NC 27711
Phone: 919-541-5635
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AK85
3077. DEFERRAL OF EFFECTIVE
DATE OF NONATTAINMENT
DESIGNATIONS FOR 8-HOUR OZONE
NATIONAL AMBIENT AIR QUALITY
STANDARDS FOR EARLY ACTION
COMPACT AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC
7601
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: EPA is proposing to defer the
effective date of nonattainment air
quality designations for "Early Action
Compact Areas" that are violating the
8-hour ozone national ambient air
quality standard, but have agreed to
reduce ground-level ozone pollution
earlier than the Clean Air Act requires.
This proposal establishes the first of
three dates by which EPA would defer
the effective date of nonattainment
designations for any of these areas that
continues to meet all compact
milestones. In a separate action, EPA
will designate these areas
"nonattainment" by April 15, 2004;
however, as long as Early Action
Compact areas meet agreed-upon
milestones, the impact of
nonattainment designation for the 8-
hour ozone standard will be deferred
until September 30, 2005.
Timetable:
Action
Date FR Cite
NPRM 12/16/03 68 FR 70108
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN 4798.
This action has been merged with SAN
4839. All further action will be under
SAN 4839. SAN 4798 is hereby
withdrawn.
Agency Contact: David Cole,
Environmental Protection Agency, Air
and Radiation, MD-15, C539-02,
Research Triangle Park, NC 27711
Phone: 919-541-5565
Fax: 919 541-0824
Email: cole.david@epamail.epa.gov
Valerie Broadwell, Environmental
Protection Agency, Air and Radiation,
C539-02, Washington, DC 20460
Phone: 919-541-3310
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Long-Term Actions
Fax: 919 541-0824
Email:
broadwell.valerie@epamail.epa.gov
RIN: 2060-AL85
3078. CONSIDERATION OF INDUSTRY
PETITION TO REMOVE THE 2-PIECE
CAN SUBCATEGORY FROM THE
CLEAN AIR ACT HAZARDOUS AIR
POLLUTANT SOURCE CATEGORY
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 CFR 63
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Agency has received a
petition to remove the 2-Piece Can
subcategory from the Metal Can Surface
Coating source category, which is on
the list of hazardous air pollutant
source categories under section 112(c)
of the Clean Air Act. The Agency must
review the petition and either grant or
deny the petition within 12 months of
the date the complete petition is
received. If the Agency grants the
petition, a notice of proposed
rulemaking will be published in the
Federal Register, allowing the
opportunity for public comment. If the
Agency denies the petition, a notice of
denial will be published in the Federal
Register providing an explanation of
the denial. The Can Manufactures
Association submitted the petition on
November 4, 1996, and provided
additional materials through April 4,
1999. At that time we determined the
petition was complete. A final decision
on the merits of the petition has been
delayed due to outstanding
toxicological issues regarding 2
pollutants (formaldehyde and ethylene
glycol monobutyl ether (EGBE)), and
due to a technically wreak ecological
assessment prepared by the petitioner.
Issues with formaldehyde and EGBE
should be resolved soon and we are
still awaiting an updated ecological
assessment from the petitioner.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4799;
Agency Contact: Kelly Rimer,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919-541-2962
Fax: 919 541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL86
3079. NESHAP: FERROALLOYS
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
20, 2007.
Abstract: EPA developed technology-
based emission standards for this
source category under section 112(d) of
the Clean Air Act. The current action,
required by Section 112(f) of the Clean
Air Act, is to assess residual risks and
develop additional emission standard,
as necessary, to provide an ample
margin of safety.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4810;
Agency Contact: Margaret Sieffert,
Environmental Protection Agency, Air
and Radiation, C439-02, Chicago, IL
60604
Phone: 312-353-1151
Fax: 919 541-5450
Email:
sieffert.margaret@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL93
3080. MINERAL WOOL PRODUCTION
RESIDUAL RISK STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: PL 91-190, sec 203;
42 USC 7401
CFR Citation: 40 CFR 63.1175 to
63.1199
Legal Deadline: None
Abstract: Section 112(f)(2) of the Clean
Air Act (CAA) directs us to assess the
risk remaining (residual risk) after the
application of control technology
standards under section 112(d)
(MACT). The EPA is to promulgate
more stringent standards for a category
or subcategory of sources subject to
MACT standards under section 112(d)
if promulgation of such standards is
necessary to protect public health with
an ample margin of safety or to prevent
(taking into consideration various
factors) adverse environmental effects.
In particular, the CAA specifies the
cancer risk of concern for setting more
stringent standards. The CAA states
that if the MACT standards do not
reduce lifetime excess cancer risk to the
individual most exposed to
emissions.. . to less than one in one
million, the Administrator shall
promulgate standards under this
subsection for such source categories.
The standards to be promulgated under
this subsection must provide an ample
margin of safety to protect public
health in accordance with this section
(as in effect before the date of
enactment of the Clean Air Act
Amendments of 1990), unless the
Administrator determines that a more
stringent standard is necessary to
prevent, taking into consideration costs,
energy, safety, and other relevant
factors, an adverse environmental
impact. Section 112(f)(2)(B) expressly
preserves EPA's interpretation of an
ample margin of safety developed in
the 1989 benzene NESHAP final rule.
EPA will review the mineral wool
production MACT standard and
conduct analyses to determine whether
the residual risk warrants further
regulation. The CAA requires that the
residual risk rules be promulgated (if
necessary) within eight years [nine for
the two-year bin standards] after the
promulgation of the associated MACT
standard. The MACT rule for the
mineral wool production source
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EPA—Clean Air Act (CAA)
Long-Term Actions
category was promulgated on June 1,
1999. Therefore, the statutory deadline
for promulgating a residual risk rule (if
necessary) for this source category is
June 1, 2007.
Timetable:
Action
Date
FR Cite
NPRM 06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4825;
Legal: Legislative deadline for the
residual risk rule is 8 years after
promulgation of that source category's
MACT rule.
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AL96
3081. NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1998 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart III. The current action,
required by section 112(f) of the Clean
Air Act, is to assess residual risks that
remain once that standard becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4831;
Agency Contact: Maria Noell,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5607
Fax: 919 541-3470
Email: noell.maria@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AL99
3082. NESHAP: PHARMACEUTICALS
PRODUCTION: RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
October 21, 2010, Residual risk
standards if necessary, otherwise,
finding of no residual risk.
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1998 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart FFF. The current action,
required by Section 112(f) of the Clean
Air Act, is to assess residual risk that
remains once that rule becomes
effective, and develop additional
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM
08/00/07
Regulatory Flexibility Analysis
Required: No
NPRM 02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4832;
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, C504-04, Research
Triangle Park, NC 27711
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park, NC
27711
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AMOO
3083. NESHAP: AREA SOURCE
STANDARDS—GLASS
MANUFACTURING INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: The Clean Air Act (42
USC 7401 to 7626)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. This
component includes the development
of maximum achievable control
technology (MACT) standards and
generally available control technology
(GACT) standards under section 112(d),
the area source program developed
under section 112(k), residual risk
standards under 112(f), and other
standards to regulate emissions of air
toxics from specific sources. The
section 112(k) area source strategy
addresses area source contributions of
air toxic substances. With the
finalization of the Integrated Urban Air
Toxics Strategy in July of 1999, the
EPA introduced and outlined its "risk
based" air toxics program, which
includes both regulatory and non-
regulatory programs and actions.
Section 112 (k) requires the
development of standards for area
sources which account for 90% of the
emissions in urban areas of the 33
urban hazardous air pollutants (HAP)
listed in the Integrated Urban Air
Toxics Strategy. The Integrated Urban
Air Toxics Strategy lists the goals of
the EPA's air toxics program, which are
as follows: (1) reduce the incidence of
cancer attributable to exposure to
hazardous air pollutants by 75 percent
nationally; (2) reduce national non-
cancer risks substantially; and (3)
address risks which are
disproportionately posed on specific
sub-populations and geographic areas.
In order to accomplish these goals, the
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EPA—Clean Air Act (CAA)
Long-Term Actions
EPA has integrated it's air toxics
program into four components. The
first component is source specific
regulatory programs. These area source
standards can require control levels
which are equivalent to either MACT
or GACT, as defined in section 112.
The processes involved in glass
manufacturing include raw material
storage, handling and mixing, high
temperature (usually furnace) melting,
forming, coating, and other processes
specific to particular products. The
hazardous air pollutants (HAP) emitted
from glass manufacturing includes lead,
arsenic, mercury, cobalt, nickel,
chromium, hydrogen fluoride,
hydrochloric acid, glycol ethers, methyl
ethyl ketone, xylene, 1,2,4-trimethyl
benzene, n-butyl alcohol, toluene,
methyl isobutyl ketone, m-xylene, 1,1-
dichloro-1-fluoroethane, methanol,
selenium, styrene, sec-butyl alcohol,
manganese, antimony, barium, chlorine,
phenol and formaldehyde. In 1986,
EPA promulgated the NESHAP for
Inorganic Arsenic Emissions From
Glass Manufacturing Plants. Since that
time, EPA has re-evaluated both the
carcinogenicity assessment (4/10/1998)
and the oral RfD assessment
(02/01/1993) for arsenic. In reference to
the regulations addressing area sources,
section 112(c)(3) states, "such
regulations shall be promulgated not
later than 10 years after such date of
enactment" (CAA).
Timetable:
Action
Date
FR Cite
NPRM
12/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4873;
Agency Contact: Susan Fairchild,
Environmental Protection Agency, Air
and Radiation, C-504-05, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: fairchild.susan@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM12
3084. NESHAP: AREA SOURCE
STANDARDS— ACRYLIC/
MODACRYLIC FIBER (AMF)
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC. 7412
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
September 15, 2005.
Final, Statutory, September 15, 2006.
Abstract: This regulation is being
pursued under the Clean Air Act,
section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources consisting
of several small pollution sources
grouped within one site. As part of that
strategy, several area-source categories
were listed for possible regulation.
Acrylic/modacrylic fiber production
sources was listed as one of those
categories, and this rulemaking will
address measures to control pollution
from AMF facilities. One facility has
been identified.
Timetable:
Action
Date
FR Cite
NPRM
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4860;
There is only one existing facility in
the USA that will be subject to this
rule. THe facility is currently meeting
the standards for major sources under
40 CFR 63 Subpart YY.
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919-541-5439
Fax: 919 541-0942
Email: wrayne.tony@epamail.epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC
27711
Phone: 919-541-5497
Fax: 919-541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AM13
3085. PROTECTION OF
STRATOSPHERIC OZONE:
RESTRICTION ON THE SALES OF
PRE-CHARGED SPLIT SYSTEMS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On January 27, 1995, the
Environmental Protection Agency (EPA)
temporarily stayed the sales and
distribution restriction for class I and
class II ozone-depleting substances
(ODSs) used as refrigerants, as it
applies to refrigerant contained in
appliances without fully assembled
refrigerant circuits (i.e., split system air
conditioners). On May 9, 1995, EPA
extended the stay on the sales and
distribution prohibition for class I and
class II ODSs used as refrigerants, only
as it applies to split systems consisting
of parts that are pre-charged with a
class I or class II ODS. Today's action
proposes to rescind the partial stay, and
proposes to restrict the sale of split
systems consisting of parts that are pre-
charged with a class I or class II ODS,
to section 608 technicians certified in
accordance with the applicable
refrigerant regulations.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4851;
Agency Contact: Jabeen Akhtar,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9313
Fax: 202-564-2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM15
3086. NESHAP: OIL AND NATURAL
GAS PRODUCTION RESIDUAL RISK
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 63.779
Legal Deadline: Final, Statutory, June
17, 2007.
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EPA—Clean Air Act (CAA)
Long-Term Actions
Abstract: EPA promulgated technology-
based emission standards for this
source category in 1999 under section
112(d) of the Clean Air Act. These
standards are codified at 40 CFR part
63, subpart HH. The current action,
required by section 112(f) and d(6) of
the Clean Air Act, is to assess residual
risk that remains once that rule
becomes effective, and develop
additional emission standards, as
necessary, to provide an ample margin
of safety; and to review the MACT
standards promulgated in 1999 for
developments in practices, processes
and control technologies and revise, as
necessary, existing standards.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4847;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919-541-3078
Fax: 919 541-0246
Email: nizich.greg@epamail.epa.gov
Kent Hustvedt, Environmental
Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC
27711
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM18
3087. NESHAP: AREA SOURCE
STANDARDS — INDUSTRIAL
INORGANIC CHEMICALS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from the industrial inorganic
chemicals manufacturing industry. This
source category was listed for
regulation under the Urban Air Toxic
Strategy to address HAP emissions from
area sources.
NPRM 01/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4874;
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919-541-5262
Fax: 919-541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM19
3088. PETITION TO DELIST A
HAZARDOUS AIR POLLUTANT FROM
SECTION 112 OF THE CLEAN AIR
ACT: METHYL ISOBUTYL KETONE
(MIBK)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Ketones Panel of the
American Chemistry Council (ACC) has
petitioned the Agency to remove
methyl isobutyl ketone (MIBK) from the
Clean Air Act (CAA) hazardous air
pollutant (HAP) list. The ACC
originally submitted the petition in
April of 1997. EPA suspended review
of the petition pending the completion
of 2-generation reproductive effects
study. That study is now complete. On
October 17, 2003, the ACC submitted
an addendum to the 1997 petition
which includes: the results of the 2-
generation reproductive effects study, a
presentation of the updated EPA IRIS
file for MIBK, updated air dispersion
modeling and an analysis of potential
transformation products. Based on this
new submission, the ACC requests that
EPA reopen its review of the MIBK
petition. Since the last submittal by the
petitioner, a 2-year MIBK bioassay by
the National Toxicology Program has
been competed, but the results report
has not been published. The schedule
for the delisting petition is tied to
report on the results of the bioassay.
Timetable:
Action
Date FR Cite
Notice of Receipt of a 07/19/04 69 FR 42954
Complete Petition
NPRM 07/00/06
Final Action 07/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4849;
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919-541-5416
Fax: 919 541-0840
Email: morris.mark@epamail.epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AM20
3089. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR IRON AND STEEL
FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
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EPA—Clean Air Act (CAA)
Long-Term Actions
technology (GACT), as defined in
section 112.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/08
03/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4879;
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM36
3090. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112. The Integrated Urban Air
Toxics Strategy lists plating and
polishing as an area source category.
Timetable:
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4886;
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-5289
Email: mulrine.phil@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM37
3091. AREA SOURCE NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for EPA's stationary
source air toxics program. Section
112(k) requires development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These area source standards
can require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT). The Integrated Ait
Toxics Strategy lists industrial boilers
and commercial/institutional boilers as
area source categories.
Timetable:
Action
Date
FR Cite
NPRM
01/00/07
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4884;
Agency Contact: Jim Eddinger,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5426
Fax: 919 541-5450
Email: eddinger.jim@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
3092. NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area source categories
which account for 90 percent of the
emissions in urban areas of the 33
urban hazardous air pollutants (HAP)
listed in the Integrated Urban Air
Toxics Strategy. These area source
standards can require control levels
which are equivalent to either
maximum achievable control
technology (MACT) or generally
available control technology (GACT), as
defined in section 112.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/06
05/00/07
Action
Date
FR Cite
NPRM
10/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4906;
Agency Contact: Charlene Spells,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
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27601
EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 919 541-5255
Fax: 919 541-5600
Email: spells.charlene@epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM53
3093. REQUEST FOR COMMENTS ON
POTENTIALLY INADEQUATE
MONITORING IN CLEAN AIR
APPLICABLE REQUIREMENTS AND
ON METHODS TO IMPROVE SUCH
MONITORING
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61
Legal Deadline: None
Abstract: Sixty day extension for
comment approved. This advance
notice of proposed rulemaking
(ANPRM) is to ask for public comments
to help us identify potentially
inadequate monitoring in Federal and
State air quality standards and rules
with respect to the monitoring
requirements of title V of the Clean Air
Act. The ANPRM would also ask for
comments on methods to improve such
monitoring. Specifically, we are seeking
stakeholder input to identify potentially
inadequate monitoring in applicable
requirements, including NSPS,
NESHAP, and State SIP rules. We are
also seeking suggestions as to the best
programmatic methods to improve such
monitoring, perhaps by conducting
rulemaking to revise the monitoring in
the applicable requirements directly. In
our final "umbrella monitoring rule"
published January 22, 2004, EPA
explained its interpretation of the
umbrella monitoring provisions of the
operating permit program rules (parts
70 and 71). We explained that those
provisions do not establish a separate
basis for establishing monitoring that
would be different from any monitoring
that may be required under the
"periodic monitoring" rules. In
addition, we stated that to satisfy the
umbrella monitoring rules, operating
permits must contain all monitoring
required by the periodic monitoring
rules and all monitoring required by
applicable requirements, such as
monitoring required by NSPS,
NESHAP, the compliance assurance
monitoring rule, and SIP rules. Also in
the umbrella monitoring rule, EPA
announced a strategy for improving
monitoring in applicable requirements,
where necessary, through rulemaking or
other programmatic means, rather than
solely by improving monitoring in
operating permits on a case-by-case
basis using the part 70 and part 71
rules. This strategy for improving
monitoring is consistent with a legal
settlement we entered into with UARG
and other industry trade groups over
EPA's title V monitoring policy. This
ANPRM is an important part of that
strategy.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
02/16/05 70 FR 7905
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No.
4699.1; Split from RIN 2060-AK29
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, C339-02,
Research Triangle Park, NC 27711
Phone: 919-541-5635
Email: parker.barrett@epamail.epa.gov
Peter Westlin, Environmental
Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC
27711
Phone: 919-541-1058
Email: wrestlin.peter@epamail.epa.gov
RIN: 2060-AM63
3094. AREA SOURCE NESHAP FOR
PRIMARY NONFERROUS METALS—
ZN, CD, BE
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112(k) requires the development of
standards for area sources which
account for 90 percent of the emissions
in urban areas of the 33 urban
hazardous air pollutants (HAP) listed in
the Integrated Urban Air Toxics
Strategy. These source standards can
require control levels which are
equivalent to either maximum
achievable control technology (MACT)
or generally available control
technology (GACT), as defined in
section 112.
Timetable:
Action
Date FR Cite
NPRM 04/00/07
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4887;
Agency Contact: Karen Rackley,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919-541-0634
Fax: 919 541-3207
Email: rackley.karen@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
RTF, DC 20460
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM69
3095. NESHAP: GASOLINE
DISTRIBUTION STAGE I—AREA
SOURCE STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
October 31, 2006.
Final, Judicial, December 20, 2007.
Abstract: The Clean Air Act (CAA)
includes two provisions—sections
112(c)(3) and 112(k)(3)(B)(ii)—that
instruct us to identify and list source
categories that contribute to the
emissions of the 30 "listed" (or area
source) Hazardous Air Pollutants(HAP),
and that are, or will be, subject to
standards under section 112 of the
CAA. EPA listed "Gasoline Distribution
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Long-Term Actions
Stage I" as a new area source category
in the Integrated Urban Strategy for
National Air Toxics Program (July 19,
1999, 40 FR 38706). Further, we agreed
under a 2003 consent agreement to
propose a rule for this area source
category on or before October 31, 2006,
and promulgate a final rule by
December 20, 2007. No definitions are
published for "Gasoline Distribution
Stage I" area sources. However, Stage
I is generally understood to include
gasoline storage and transfer operations
as gasoline is moved from the
production refinery process units to
and including the gasoline station
storage tank. Stage II refers to vehicle
refueling operation part of a gasoline
station and is regulated under CAA
sections 182(b)(3) and 202(a)(6). These
rules will cover area sources within
this source category. Area sources emit
or have a potential to emit less than
10 tons per year of any single HAP or
less than 25 tons per year of total HAP.
The higher emitting sources (major
sources) in this industry are already
regulated (40 CFR 63, subpart R) under
CAA section 112 national emission
standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/06
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4907;
Agency Contact: Stephen Shedd,
Environmental Protection Agency, Air
and Radiation, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.stev@epa.gov
RIN: 2060-AM74
3096. NSPS FOR RECIPROCATING
INTERNAL COMBUSTION SPARK
IGNITED ENGINES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Clean Air Act sec 111
CFR Citation: None
Legal Deadline: None
Abstract: This project is to develop
New Source Performance Standards
(NSPS) for stationary reciprocating
internal combustion spark ignited
engines. This includes two stroke lean
burn (2SLB) engines, four stroke lean
burn (4SLB) engines, and four stroke
rich burn (4SRB) engines. These
standards are being developed under
section 111 of the CAA to require the
application of the best system of
emission reduction taking into account
the cost of achieving emission
reductions and environmental and
energy impacts. The pollutants that will
be addressed in this rulemaking are
PM, NOx, SO2, and CO. The project
is on a litigated schedule to propose
by May 06 and to promulgate by
December 07. Information gathering
began in early April 04 and will result
in the development of regulatory
packages to propose and promulgate an
NSPS standard.
Timetable:
Action
Date FR Cite
NPRM
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4915;
Agency Contact: Sims Roy,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-5263
Email: roy.sims@epamail.epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919-541-5340
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AM81
3097. • NESHAP: PLASTIC PARTS
AND PRODUCTS (SURFACE
COATING)—AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: These standards are being
developed under the Clean Air Act,
section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
the major source level of 10 tons/year
of a single HAP or 25 tons/year of all
HAP. As part of that strategy, several
area-source categories were listed for
regulation. Plastic parts and products
was listed as one of those categories,
and these standards will establish
requirements to control pollution from
facilities engaged in the surface coating
of plastic parts and products. Plastic
parts and products surface coating
facilities are known to emit cadmium
compounds, chromium compounds,
lead compounds, manganese
compounds, and nickel compounds. In
2004, EPA promulgated national
emission standards for hazardous air
pollutants (NESHAP) for major sources
engaged in the surface coating of plastic
parts and products NESHAP.
Timetable:
Action
Date FR Cite
NPRM 08/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4955;
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-5580
Fax: 919 541-5689
Email: teal.kim@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
RIN: 2060-AN08
3098. • NESHAP: AUTOBODY
REFINISHING—AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: These standards are being
developed under the Clean Air Act,
Section 112(k). Under section 112(k),
EPA developed a national strategy to
address air-toxic pollution from "area"
sources, which are sources that emit
hazardous air pollutants (HAP) below
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Long-Term Actions
the major source level of 10 tons/year
of a single HAP or 25 tons/year of all
HAP. As part of that strategy, several
area-source categories were listed for
regulation. Autobody Refinishing was
listed as one of those categories, and
these standards will establish
requirements to control pollution from
facilities engaged in autobody
refinishing. Autobody refinishing
facilities are known to emit benzene,
cadmium compounds, chromium
compounds, lead compounds,
manganese compounds, and nickel
compounds. In 2004, EPA promulgated
national emission standards for
hazardous air pollutants (NESHAP) for
major sources engaged in the surface
coating of assembled on-road vehicles
as a subcategory of the plastic parts and
products NESHAP.
Timetable:
Action
Date
FR Cite
NPRM 08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, C539-03, Research
Triangle Park, NC 27711
Phone: 919-541-5580
Fax: 919 541-5689
Email: teal.kim@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919-541-5499
Fax: 919 541-5689
Email: manning.elaine@epamail.epa.gov
Additional Information: SAN No. 4978; RIN: 2060-AN21
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3099. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF 4
COMPOUNDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Final Action 11 /29/04 69 FR 69290
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Sanders
Phone: 919-541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
WilliamL Johnson
Phone: 919-541-5245
Fax: 919 541-0824
Email:
johnson.wrilliaml@epamail.epa.gov
RIN: 2060-AK37
3100. PHASE I (FIP) TO REDUCE THE
REGIONAL TRANSPORT OF OZONE
IN THE EASTERN UNITED STATES
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 52; 40 CFR 97
Completed:
Reason
Date
FR Cite
Withdrawn
05/06/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Agency Contact: Doug Grano
Phone: 919-541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
Jan King
Phone: 919-541-5665
Fax: 919-541-0824
Email: king.jan@epamail.epa.gov
RIN: 2060-AH87
3101. ELECTRIC ARC FURNACE NSPS
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60.270 to 60.276a
Completed:
Reason
Date
FR Cite
Final Action
02/22/05 70 FR 8523
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kevin Cavender
Phone: 919-541-2364
Fax: 919 541-5450
Email: cavender.kevin@epamail.epa.gov
Steve Fruh
Phone: 919-541-2837
Fax: 919-541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AJ68
3102. NATIONAL EMISSION
STANDARDS FOR COKE OVEN
BATTERIES—RESIDUAL RISK
STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 04/15/05 70 FR 19992
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Lula Melton
Phone: 919-541-2910
Email: melton.lula@epamail.epa.gov
Dave Guinnup
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AJ96
3103. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON)
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Direct Final Rule 12/23/04 69 FR 76859
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919-541-5402
Email:
mcdonald.randy@epamail.epa.gov
Robin Dunkins
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AK49
3104. NESHAP FOR PETROLEUM
REFINERIES: CATALYTIC CRACKING
UNITS, CATALYTIC REFORMING
UNITS, AND SULFUR RECOVERY
UNITS; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM 02/09/05 70 FR 6974
Direct Final Rule 02/09/05 70 FR 6930
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bob Lucas
Phone: 919-541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt
Phone: 919-541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK51
3105. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING
LOW-EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86; 40 CFR 88
Completed:
Reason
Date
FR Cite
Withdrawn 01/06/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Dan Harrison
Phone: 734-214-4281
Email: harrison.dan@epamail.epa.gov
RIN: 2060-AH52
3106. CONTROL OF METHYL
TERTIARY BUTYL ETHER (MTBE)
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Withdrawn
01/31/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State
Agency Contact: Joseph Bachman
Phone: 202-343-9373
Fax: 202 565-2084
Email:
bachman.joseph@epamail.epa.gov
Robert Perils
Phone: 202-564-5636
Email: perlis.robert@epamail.epa.gov
RIN: 2060-AJOO
3107. OPERATING PERMITS:
REVISIONS (PART 70)
Priority: Other Significant
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70
Completed:
Reason
Date
FR Cite
Completed:
Reason
Date
FR Cite
Withdrawn 01/28/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Scott Voorhees
Phone: 919-541-5348
Fax: 919 541-5509
Email: voorhees.scott@epamail.epa.gov
Ray Vogel
Phone: 919-541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AG92
3109. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL USES OF
METHYL BROMIDE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Withdrawn 01/28/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local,
State
Agency Contact: Ray Vogel
Phone: 919-541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
Steve Hitte
Phone: 919-541-0886
Fax: 919 541-5509
Email: hitte.steve@epamail.epa.gov
RIN: 2060-AF70
3108. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS
PROGRAM-PART 71
Priority: Other Significant
CFR Citation: 40 CFR 71.7
Final Action 12/23/04 69 FR 76982
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Hodayah Finman
Phone: 202-343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov
Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AJ63
3110. FEDERAL IMPLEMENTATION
PLANS FOR INDIAN RESERVATIONS
IN IDAHO, OREGON AND
WASHINGTON
Priority: Other Significant
CFR Citation: 40 CFR 49.121 to 49.139;
40 CFR 49.9861 to 49.17810
Completed:
Reason
Date
FR Cite
Final Action
04/08/05 70 FR 18074
Regulatory Flexibility Analysis
Required: No
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Completed Actions
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Tribal
Agency Contact: Debra Suzuki
Phone: 206-553-0985
Fax: 206-553-0110
Email: suzuki.debra@epamail.epa.gov
Mahbubul Islam
Phone: 206-553-6985
Fax: 206 553-0110
Email:
islam.mahbubul@epamail.epa.gov
RIN: 2012-AA01
3111. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51.100(s)
Completed:
Reason
Date
FR Cite
Final Action 11/29/04 69 FR 69298
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: William Johnson
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
Terry Keating
Phone: 202-564-1174
Fax: 202 564-1554
Email: keating.terry@epamail.epa.gov
RIN: 2060-AI45
3112. MODIFICATION OF AUTHORITY
TO GRANT ALTERNATIVE METHOD
APPROVALS
Priority: Substantive, Nonsignificant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Withdrawn 04/04/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rima Howell
Phone: 919-541-0443
Fax: 919 541-1039
Email: howell.rima@epamail.epa.gov
Conniesue Oldham
Phone: 919-541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AJ83
3113. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): CLEAN UNITS
Priority: Other Significant
CFR Citation: 40 CFR 51
Completed:
Reason
Date
FR Cite
Withdrawn 01/28/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Juan Santiago
Phone: 919-541-1084
Fax: 919 541-5509
Email: santiago.juan@epamail.epa.gov
Lynn Hutchinson
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AK42
3114. TRANSPORTATION
CONFORMITY RULE AMENDMENTS
FOR NEW 8-HOUR OZONE AND
PM2.5 NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Other Significant
CFR Citation: 40 CFR 51 and 93
Completed:
Reason
Date
FR Cite
Final Action 07/01/04 69 FR 40004
Final Action Correction 07/20/04 69 FR 43325
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State
Agency Contact: Rudolph Kapichak
Phone: 734-214-4574
Fax: 734 214-4052
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry
Phone: 734-214-4858
Fax: 734 214-4052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AL73
3115. SECTION 126 RULE: LIFTING
THE 8-HOUR STAY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Completed:
Reason
Date
FR Cite
Withdrawn 03/01/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carla Oldham
Phone: 919-541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
RIN: 2060-AL79
3116. LIST OF HAZARDOUS AIR
POLLUTANTS, PETITION PROCESS,
LESSER QUANTITY DESIGNATIONS,
SOURCE CATEGORY LIST: PETITION
TO DELIST ETHYLENE GLYCOL
MONOBUTYL ETHER
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 11/29/04 69 FR 69320
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kelly Rimer
Phone: 919-541-2962
Fax: 919 541-0840
Email: rimer.kelly@epamail.epa.gov
Dave Guinnup
Phone: 919-541-5368
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL87
3117. AMENDMENTS TO LEATHER
FINISHING NESHAP
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
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Completed Actions
Completed: Completed:
Reason Date FR Cite Reason
Small Entities Affected: No
Date FR Cite Government Levels Affected: None
NPRM
Direct Final Rule
02/07/05 70 FR 6388
02/07/05 70 FR 6355
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: William Schrock
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Robin Dunkins
Phone: 919-541-5335
Fax: 919-541-3470
Email: dunkins.robin@epamail.epa.gov
RIN: 2060-AL89
3118. PROTECTION OF
STRATOSPHERIC OZONE;
REFRIGERANT RECYCLING;
SUBSTITUTE REFRIGERANTS; LEAK
REPAIR REQUIREMENTS FOR
REFRIGERATION AND
AIR-CONDITIONING EQUIPMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82(F)
Completed:
Reason
Date
FR Cite
Final Action
01/11/05 70 FR 1972
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: None
Agency Contact: Julius Banks
Phone: 202 343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AM05
3119. PROTECTION OF
STRATOSPHERIC OZONE:
SUBSTITUTE REFRIGERANT
RECYCLING; AMENDMENT TO THE
DEFINITION OF REFRIGERANT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.154(a)
Direct Final Action 04/13/05 70 FR 19273
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Julius Banks
Phone: 202 343-9870
Fax: 202-565-2155
Email: banks.julius@epamail.epa.gov
Tom Land
Phone: 202-343-9185
Fax: 202-565-2155
Email: land.tom@epamail.epa.gov
RIN: 2060-AM51
3120. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES:
N-PROPYL BROMIDE (COATINGS)
Priority: Other Significant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Withdrawn 12/28/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Margaret Sheppard
Phone: 202-343-9163
Fax: 202 343-2338
Email:
sheppard.margaret@epamail.epa.gov
Karen Thundiyil
Phone: 202-343-9464
Fax: 202 343-2362
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AM65
3121. NESHAP: SECONDARY
ALUMINUM PRODUCTION
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.1500
Completed:
Reason
Date
FR Cite
Direct Final Rule
09/03/04 69 FR 53980
Agency Contact: Rick Colyer
Phone: 919-541-5262
Fax: 919-541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie
Phone: 919-541-5356
Fax: 919-541-5600
Email: cozzie.david@epamail.epa.gov
RIN: 2060-AM86
3122. • REVISION OF DECEMBER
2000 REGULATORY FINDING ON THE
EMISSIONS OF HAZ. AIR
POLLUTANTS FROM ELECTRIC
UTILITY STEAM GENERATING UNITS
& REMOVAL OF COAL & OIL-FIRED
ELECTRIC UTILITY STEAM
GENERATING UNITS
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7412; 42 USC
7411
CFR Citation: 40 CFR 63; 40 CFR 60;
40 CFR 72; 40 CFR 75
Legal Deadline: NPRM, Judicial,
December 15, 2003.
Final, Judicial, March 15, 2005.
Abstract: On January 30, 2004, the EPA
proposed alternative approaches to
regulating mercury emissions from
coal-fired electric utility steam
generating units and nickel emissions
from oil-fired electric utility steam
generating units.
Timetable:
Action
Date FR Cite
Final Action
03/29/05 70 FR 15994
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4571.1, EDocket No.: OAR-2002-0056;
Split from RIN 2060-AJ65.
URL For More Information:
www.epa.gov/ttn/atw/utility/
utiltoxpg.html
Agency Contact: Robert Wayland,
Environmental Protection Agency, Air
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27607
EPA—Clean Air Act (CAA)
Completed Actions
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919-541-1045
Fax: 919 541-5450
Email: wrayland.robertj@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Washington, DC 20460
Phone: 919-541-5430
Fax: 919 541-5450
Email: maxwrell.bill@epamail.epa.gov
RIN: 2060-AM96
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3123. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This rulemaking would
address the problem of disposal of low-
activity mixed radioactive wastes,
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
which melds hazardous chemical
protection and radioactivity protection
requirements while protecting public
health and safety. The rule would not
mandate a disposal method, but rather
would permit an alternative to existing
disposal methods. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of this rule. An Advanced
Notice of Proposed Rulemaking was
issued to solicit early public input on
this issue.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
11/18/03 68 FR 65120
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054;
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202-343-9349
Fax: 202 565-2062
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
3124. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR PART
190, SUBPART B AND 40 CFR 191,
SUBPARTA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
191 (A)
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report No. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
No. 26. This action would update the
40 CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date FR Cite
NPRM
07/00/05
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, 6608J, Washington, DC
20460
Phone: 202-343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Completed Actions
3125. APPROACHES TO AN
INTEGRATED FRAMEWORK FOR
MANAGEMENT AND DISPOSAL OF
LOW-ACTIVITY RADIOACTIVE WASTE
Priority: Other Significant
CFR Citation: 40 CFR 193
Completed:
Reason
Date
FR Cite
Withdrawn—May be
addressed in future
05/10/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Daniel Schultheisz
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Atomic Energy Act (AEA)
Completed Actions
Phone: 202-343-9349
Fax: 202 565-2062
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AL78
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3126. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements necessary to register a
biochemical or microbial pesticide
product. The revisions will codify data
requirements to reflect current
regulatory and scientific standards. The
data requirements will cover all
scientific disciplines for biochemical
and microbial pesticides, including
product chemistry and residue
chemistry, toxicology and
environmental fate and effects. The
revision will not include plant
incorporated protectants.
Timetable:
Action
Date FR Cite
NPRM 12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4596;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://wwrw.epa.gov/pesticides/
regulating/data.htm
Agency Contact: Candace Brassard,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email:
brassard.candace@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD51
3127. ACCEPTABILITY OF RESEARCH
USING HUMAN SUBJECTS
Priority: Other Significant
Legal Authority: 5 USC 301; 7 USC
136a; 7 USC 136w; 15 USC 2603; 21
USC 346a; 42 USC 300v-l(b); 42 USC
7601; 33 USC 1361; 42 USC 9615; 42
USC 11048; 42 USC 6912; 42 USC
300J-9
CFR Citation: 40 CFR 26 (Revision)
Legal Deadline: None
Abstract: EPA is evaluating its current
policy with respect to the protection of
human research subjects in testing.
Current EPA regulations in 40 CFR part
26 apply to research conducted or
supported by the Agency or "otherwise
subject to regulation." No action has
been taken yet to give effect to the
"otherwise subject to regulation"
phrase. In addition, EPA has received
and considered the advice of the
National Academy of Sciences (NAS)
on several issues surrounding the
acceptability and interpretation of third
party studies involving deliberate
dosing of human subjects for the
purpose of defining or quantifying toxic
endpoints and public comment on an
ANPRM. EPA announced and invited
public comment on its plan for
strengthening the protections for
subjects in human research, especially
in studies conducted by third parties.
See 70 FR 6661 (February 8, 2005). As
it moves ahead to implement this plan,
EPA will seek public comment on
issues related to Agency use of human
research data in its regulatory decision-
making. EPA believes the process being
initiated will serve two important
Agency goals: ensuring the availability
of sound and appropriate scientific data
in its decisions, and protection of the
interests, rights and safety of human
research subjects. In addition to
proposed rules, EPA may issue one or
more other documents, which may
include policy statements, guidance, or
requests for public comment.
Timetable:
Action
Date FR Cite
ANPRM
Notice
NPRM
05/07/03 68 FR 24410
02/08/05 70 FR 6661
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4610,
EDocket No.: OPP-2003-0132;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
www.epa.gov/oppfeadl/guidance/
human-test.htm
Agency Contact: William Jordan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7501C, Washington,
DC 20460
Phone: 703 305-1049
Fax: 703 308-4776
Email: jordan.william@epamail.epa.gov
John Carley, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7501C,
Washington, DC 20460
Phone: 703 305-7019
Fax: 703 305-5060
Email: carley.john@epamail.epa.gov
RIN: 2070-AD57
3128. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a
comprehensive revision of the Rules of
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27609
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
Practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
Rules of Practice were originally
promulgated by EPA in 1973. In the
subsequent 30 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/05
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618;
Sectors Affected: 112 Animal
Production; 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing
Agency Contact: Scott Garrison,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2333A, Washington, DC
20460
Phone: 202-564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perils, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 2333A,
Washington, DC 20460
Phone: 202-564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
RIN: 2020-AA44
3129. PESTICIDES; PROCEDURES
FOR THE REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a (g); 7 USC
136w
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency will establish
procedures to implement section 3(g) of
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) which
provides for periodic review of
pesticide registrations. The goal of
these regulations, which are required
by FIFRA section 3(g), is to review a
pesticide's registration every 15 years.
The regulations will address the
following procedural aspects of the
program: establishing pesticide cases
for registration review; establishing
schedules; assembling information to be
considered during the review; deciding
on the scope and depth of the review;
calling in data under FIFRA sec.
3(c)(2)(B) that are needed to conduct
the review; reviewing data and
conducting risk assessments or benefit
analyses, as needed; deciding whether
a pesticide continues to meet the
standard of registration in FIFRA; and
public participation in the registration
review process. If a pesticide does not
meet the FIFRA standard, the Agency
will follow cancellation procedures in
section 6 of FIFRA. This program will
begin after the completion of tolerance
reassessment in 2006 and before the
completion of reregistration in 2008.
Each pesticide will be reviewed every
15 years to assure that the it continues
to meet the FIFRA standard for
registration, including compliance with
any new legislation, regulations or
science policy.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
04/26/00 65 FR 24586
07/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4170,
EDocket No.: OPP-2004-0404;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
Agency Contact: Vivian Prunier,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD29
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3130. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
CHEMICAL SELECTION APPROACH
FOR INITIAL ROUND OF SCREENING
Priority: Other Significant
Legal Authority: 21 USC 346(a) FFDCA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA published a proposed
policy statement in the Federal Register
setting forth the Endocrine Disrupter
Screening Program (EDSP) on December
28, 1998. In that FR Notice, the Agency
described the major elements of the
Program EPA had developed to comply
with the requirements of FFDCA
section 408(p) as amended by FQPA.
One of those elements is Priority
Setting which was defined as the
collection, evaluation, and analysis of
relevant information to determine the
general order in which chemical
substances and mixtures will be
subjected to screening and testing.
Under this current action, EPA is
developing a priority setting approach
to be used by the Agency to identify
the initial list of chemicals for which
EDSP Tier 1 testing will be required.
On December 30, 2002, EPA published
in the Federal Register for public
comment a proposed chemical selection
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
approach for this initial list of
chemicals. The public comment period
on this proposed approach was
extended to April 1, 2003, in a Federal
Register notice dated February 26,
2003. EPA has considered the
comments and will issue a Federal
Register notice setting forth its final
approach.
Timetable:
Action
Date FR Cite
Notice: Proposed 12/30/02 67 FR 79611
Approach
Notice: Final Approach 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4727,
EDocket No.: OPPT-2004-0109; Split
from RIN 2070-AD26.
URL For More Information:
http://wwrw.epa.gov/scipoly/oscpendo/
prioritysetting/index.htm
Agency Contact: Mary Belefski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-8461
Fax: 202 564-8452
Email: belefski.mary@epa.gov
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7201M,
Washington, DC 20460
Phone: 202 564-8474
Fax: 202 564-8482
Email: timm.gary@epa.gov
RIN: 2070-AD59
3131. PESTICIDE MANAGEMENT AND
DISPOSAL; STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC I36(q) FIFRA
sec 19; 7 USC 136(a) FIFRA sec 3; 7
USC 136(w) FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory,
December 24, 1991.
Abstract: FIFRA section 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 Original 02/11/94 59 FR 6712
Supplemental NPRM 10/21/99 64 FR 56918
1
Supplemental NPRM 12/21/99 64 FR 71368
2
Notice: Partial 06/30/04 69 FR 39392
Reopening of
Comment Period
Notice: Extension of 08/13/04 69 FR 50114
Comment Period
Final Action 03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659,
EDocket No.: OPP-2004-0049;
Sectors Affected: 42291 Farm Supplies
Wholesalers; 32532 Pesticide and Other
Agricultural Chemical Manufacturing;
11511 Support Activities for Crop
Production
URL For More Information:
wwrw.epa.gov/pesticides/regulating/
containers.htm
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-7385
Fax: 703 308-3259
Email: fitz.nancy@epamail.epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epamail.epa.gov
RIN: 2070-AB95
3132. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 7 USC I36(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: This regulation as proposed
would establish Pesticide Management
Plans (PMPs) as a new regulatory
requirement for certain pesticides.
Unless a State or tribal authority had
an EPA-approved Plan specifying risk-
reduction measures, use of the
chemical would be prohibited. The rule
would also specify procedures and
deadlines for development, approval
and modification of plans by States and
tribal authorities. Several parameters of
the program described in the proposed
rule were reconsidered to determine
whether the program could address
water quality issues rather than ground-
water only, and to determine the best
partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was reexamined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA will withdraw the
proposed Pesticide Management Plan
rule in the near future.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33259
Notice 02/23/00 65 FR 8925
Supplemental NPRM 03/24/00 65 FR 15885
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3222;
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Arty Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
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27611
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
Phone: 703-305-5239
Fax: 703 308-3259
Email: williams.arty@epamail.epa.gov
RIN: 2070-AC46
3133. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority: Other Significant
Legal Authority: 7 USC I36p; 7 USC
136w
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA regulations under
section 18 of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA)
allow a Federal or State agency to
apply for an emergency exemption to
allow an unregistered use of a pesticide
for a limited time when such use is
necessary to alleviate an emergency
condition. This action will revise the
regulations to improve the pesticide
emergency exemption process. Two of
these potential improvements are
currently being tested through a limited
pilot, and are based on
recommendations from the States
which are the primary applicants for
emergency exemptions. The proposed
revisions would streamline the
application and review process, thereby
reducing the burden to applicants and
EPA, while allowing for quicker
emergency response without
compromising existing protections for
human health and the environment.
Timetable:
Action
Date
FR Cite
Notice: Limited Pilot 04/24/03 68 FR 20145
NPRM 09/03/04 69 FR 53866
Final Action 03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4216,
EDocket No.: OPP-2004-0038;
Sectors Affected: 9241 Administration
of Environmental Quality Programs
URL For More Information:
http://wwwr.epa.gov/opprd001/
section!8/
Agency Contact: Joe Hogue,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9072
Fax: 703 305-5884
Email: hogue.joe@epamail.epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epamail.epa.gov
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3134. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will propose revisions
to its data requirements for the
registration of conventional pesticide
products. In this action, the Agency
will propose revisions to the data
requirements that pertain to product
chemistry, toxicology, residue
chemistry, applicator exposure, post-
application exposure, nontarget
terrestrial and aquatic organisms,
nontarget plant protection, and
environmental fate. The proposed data
requirements will reflect current
scientific knowledge and
understanding. These proposed
revisions would improve the Agency's
ability to make regulatory decisions
about the human health and
environmental effects of pesticide
products to better protect wildlife, the
environment, and people, including
sensitive subpopulations. Coupled with
revision of data requirements, EPA will
propose to reformat the requirements
and revise its general procedures and
policies associated with data
submission. By codifying existing data
requirements which are currently
applied on a case-by-case basis, the
pesticide industry, along with other
partners in the regulated community,
would attain a better understanding
and could better prepare for the
pesticide registration process.
Timetable:
Action
NPRM
Notice of Public
Meeting
Final Action
Date FR Cite
03/11/05 70 FR 12277
03/11/05 70 FR 19785
1 2/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687,
EDocket No.: OPP-2004-0387;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://wrww.epa.gov/pesticides/
regulating/data.htm
Agency Contact: Vera Au,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9069
Fax: 703 305-5884
Email: au.vera@epamail.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@epamail.epa.gov
RIN: 2070-AC12
3135. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
registrability of a pesticide product.
The revisions will also clarify the data
requirements for all antimicrobials to
reflect current practice.
Timetable:
Action
Date FR Cite
NPRM
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/data.htm
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epamail.epa.gov
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@epamail.epa.gov
RIN: 2070-AD30
3136. ENDOCRINE DISRUPTER
SCREENING PROGRAM (EDSP);
IMPLEMENTING THE SCREENING
AND TESTING PHASE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2603 TSCA;
21 USC 346(a) FFDCA; 42 USC
300(a)(17) SDWA; 7 USC 136 FIFRA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The screening and testing
phase of the Endocrine Disrupter
Screening Program (EDSP) potentially
will encompass a broad range of types
of chemicals, including pesticide
chemicals, TSCA chemicals, chemicals
that may be found in sources of
drinking water, chemicals that may
have an effect that is cumulative to the
effect of a pesticide chemical,
chemicals that are both pesticide
chemicals and TSCA chemicals, and
other chemicals that are combinations
of these types of chemicals. EPA is
developing the procedures and
processes that the Agency will use
when implementing the screening and
testing phase of the EDSP. Specifically,
depending on decisions that the
Agency makes regarding
implementation of the testing phase of
the EDSP, the action will describe the
authorities that EPA may invoke to
require testing by the chemical
manufacturers and pesticide registrants
and, if necessary, establish the process
that the Agency will use to require the
testing.
Timetable:
Action
Date
FR Cite
Policy
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4728;
Split from RIN 2070-AD26. In August
2000, the Agency submitted the
required Status Report to Congress. In
March 2002, the Agency submitted the
requested status report to Congress on
the Endocrine Disrupter Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
URL For More Information:
http://wrww.epa.gov/scipoly/oscpendo/
index.htm
Agency Contact: Jane—Scott Smith,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-8476
Fax: 202 564-8483
Email: smith.jane-scott@epa.gov
Joe Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epa.gov
RIN: 2070-AD61
3137. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Routine and Frequent
Legal Authority: 21 USC 346(a) to (q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2006, 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 section 408(q), as amended by
the Food Quality Protection Act (FQPA)
of 1996, requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take the appropriate
regulatory action(s) to modify or revoke
tolerances. Since such actions are
issued on a chemical-by-chemical basis
and are exempt from inclusion in the
Regulatory Agenda, this Regulatory
Agenda entry does not list the
individual actions that are likely to
occur under this program. Instead, this
entry is intended to note the statutory
mandate for completing the
reassessment by August 2006. For
status information about the individual
chemicals, go to
http://wwwr.epa.gov/pesticides.
Timetable:
Action
Date FR Cite
Final Action 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4175;
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33 percent by
August 3; 1999; 66 percent by August
3; 2002; and 100 percent by August 3;
2006. The Agency will continue to
assess pesticide tolerances throughout
each year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
http://wwwr.epa.gov/pesticides/
regulating/tolerances.htm
Agency Contact: Robert McNally,
Environmental Protection Agency,
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27613
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epamail.epa.gov
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
3138. PLANT INCORPORATED
PROTECT ANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEINS
Priority: Other Significant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat proteins
to its plant-incorporated protectants
exemptions at 40 CFR 174. Substances
which plants produce for protection
against pests, and the genetic material
necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest". These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat proteins
from the requirement of a tolerance
under section 408 of the FFDCA. Due
to public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a 2001
Supplemental Proposal (66 FR 37855).
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 05/16/97 62FR27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Reproposal 02/00/06
Final Action 02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4602;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
http://www.epa.gov/pesticides/
biopesticides/pips/index.htm
Agency Contact: Melissa Kramer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8497
Fax: 202 564-8502
Email: kramer.melissa@epa.gov
Tom McClintock, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202 564-8488
Fax: 202 564-8502
Email: mcclintock.tom@epa.gov
RIN: 2070-AD49
3139. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest." These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants derived through genetic
engineering from sexually compatible
plants from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in a
2001 Supplemental Proposal (66 FR
37855).
Timetable:
Action
Date FR Cite
NPRM
Supplemental NPRM
1
Supplemental NPRM
2
Supplemental NPRM
3
Supplemental NPRM
4
Supplemental NPRM
5
Final Action
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 271 32
04/23/99 64 FR 19958
07/19/01 66 FR 37855
08/20/01 66 FR 43552
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
http://wwwr.epa.gov/pesticides/
biopesticides/pips/index.htm
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
3140. PLANT INCORPORATED
PROTECT ANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants (PIPs) that act by primarily
affecting the plant to its plant-
incorporated protectants exemptions at
40 CFR 174. Substances which plants
produce for protection against pests,
and the genetic material necessary to
produce them, are pesticides under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), if humans
intend these substances to "prevent,
repel or mitigate any pest." Due to
public interest and new scientific
information, additional public comment
on this proposal, originally published
in 1994, was requested in a 2001
Supplemental Proposal (66 FR 37855).
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM Original 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62FR27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
NPRM (FFDCA) To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4612;
This action is a continuation of the
action described in RIN 2070-AC02.
Since several pieces of that action are
now finalized, the Agency is splitting
this piece into a separate Agenda entry
so that it can continue to be tracked.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
http://wrww.epa.gov/pesticides/
biopesticides/pips/index.htm
Agency Contact: Elizabeth Milewski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7202M, Washington,
DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email:
milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7511C, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
3141. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory,
September 15, 2000, The final rule is
due 240 days after close of comment
period.
Abstract: This regulation will specify
antimicrobial registration reforms that
will reduce to the extent possible the
review time for antimicrobial
pesticides. The regulation will clarify
criteria for completeness of
applications, and will specify or refer
to a definition of the various classes
of antimicrobial pesticide use patterns
and the associated data and labeling
requirements that would be consistent
with the degree and type of risk
presented by each class. In addition,
the regulation will also include labeling
standards for public health
antimicrobial products.
Timetable:
Action
NPRM
Notice
Final Action 1
Final Action 2
Date FR Cite
09/17/99 64 FR 50671
11/16/99 64 FR 621 45
12/14/01 66 FR 64759
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://wwwr.epa.gov/oppad001/
regpolicy.htm
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@epamail.epa.gov
Cleo Pizana, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7510C,
Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epamail.epa.gov
RIN: 2070-AD14
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27615
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3142. PESTICIDES; EXEMPTION OF
MEDICAL DEVICES TREATED WITH
ANTIMICROBIAL PESTICIDES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 152.20
Completed:
Reason
Date
FR Cite
Withdrawn 04/30/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Melba Morrow
Phone: 703 308-2716
Fax: 703 308-8481
Email: morrow.melba@epamail.epa.gov
RIN: 2070-AD54
3143. WPS; PESTICIDE WORKER
PROTECTION STANDARD (WPS)
RULE (COMPLETION OF A SECTION
610 REVIEW)
Priority: Info./Admin./Other
Legal Authority: 7 USC 135
CFR Citation: 40 CFR 156; 40 CFR 170
Legal Deadline: None
Abstract: On August 21, 1992, the
Environmental Protection Agency (EPA)
issued final revisions to the Worker
Protection Standard (WPS) governing
the protection of workers from
agricultural pesticides. The revised
regulations expanded the scope of the
standards to include not only workers
performing hand labor operations in
fields treated with pesticides, but
employees in forests, nurseries, and
greenhouses and employees who
handle (mix, load, apply, etc.)
pesticides for use in these locations.
EPA has reviewed this regulation
pursuant to section 610 of the
Regulatory Flexibility Act (5 USC 610).
The purpose of the review was to
determine whether the rule should be
continued without change, or should be
amended or rescinded, to minimize
economic impacts on small entities
while still complying with the
provisions of the Federal Insecticide,
Fungicide and Rodenticide Act
(FIFRA). EPA solicited comment on the
continued need for the rule; the
complexity of the rule; the extent to
which it overlaps, duplicates, or
conflicts with other Federal, State, or
local government rules; and the degree
to which technology, economic
conditions or other relevant factors
have changed since the rule was
promulgated. See EPA Docket ID
number OPP-2003-0115 at
wwrw.epa.gov/edocket. The Agency
received no comment on the action and
has concluded that the rule needs no
revisions to minimize impacts on small
entities while still complying with
FIFRA.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
Begin Review 05/27/03 68 FR 30942
Comment Period End 12/22/03 68 FR 73543
End Review 12/1 3/04 69 FR 73883
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4789,
EDocket No.: OPP-2003-0115;
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 115 Support
Activities for Agriculture and Forestry;
1131 Timber Tract Operations
URL For More Information:
http://www.epa.gov/pesticides/health/
worker.htm
Agency Contact: Donald Eckerman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5062
Email:
eckerman.donald@epamail.epa.gov
Kathy Davis, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 308-7002
Email: davis.kathy@epamail.epa.gov
Final Action 1
08/21/92 57 FR 38102 RIN: 2070-AD66
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3144. FUTURE TESTING FOR
EXISTING CHEMICALS (OVERVIEW
ENTRY)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities that could result
in significant or substantial human or
environmental exposure, (2) the
available data to evaluate the chemical
are inadequate, and (3) testing is
needed to develop the needed data. The
Chemical Testing Program in EPA's
Office of Pollution Prevention and
Toxics (OPPT) also works with
members of the U.S. chemical industry
to develop needed data via TSCA
Section 4 Enforceable Consent
Agreements (EGAs) and Voluntary
Testing Agreements (VTAs). EGAs and
VTAs are usually less resource
intensive than formal TSCA rule-
making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. For
chemicals that have been designated for
priority testing consideration by the
Interagency Testing Committee (ITC) or
recommended for testing consideration
(for which the 12-month statutory
requirement does not apply), the
Agency will consider whether to
require testing of the chemical through
rulemaking, EGA or VTA, or will
publish a notice which provides the
reasons for not doing so in the case
of a particular chemical. The Agency
may also consider test rules, EGAs or
VTAs for chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
EPA review processes. This regulatory
agenda entry is considered a "generic
entry" because it is intended to alert
the public that within the next 6
months the Agency may consider other
chemicals for test rules, EGAs or VTAs
that are not yet identified. A separate
activity specific entry will be included
in the regulatory agenda once the
Agency decides to develop a test rule,
EGA or VTA.
Timetable:
Action
Date FR Cite
ANPRM 09/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
wwwr.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AB94
3145. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Priority: Other Significant
Legal Authority: 15 USC 2611
CFR Citation: 40 CFR 707
Legal Deadline: None
Abstract: Section 12(b)(2) of the Toxic
Substances Control Act (TSCA) states,
in part, that any person who exports
or intends to export to a foreign
country a chemical substance or
mixture for which submission of data
is required under section 4 or 5(b), or
for which a rule, action or order has
been proposed or promulgated under
section 5, 6, or 7, shall notify the EPA
Administrator of such export or intent
to export. The Administrator in turn
will notify the government of the
importing country of EPA's regulatory
action with respect to the substance.
Legislation is currently pending to
address the implementation in the
United States of the Rotterdam
Convention on Prior Informed Consent
(PIC), which itself includes export
notification requirements. Stakeholders
have expressed concern that the
existing 12(b) regulations do not
provide a low-level cut-off for this
notification. In conjunction with the
approval of the related ICR in 2003,
EPA committed to reassessing the
status of the legislation in 2004, and
to, if appropriate, develop a plan of
action in 2005 to initiate the
rulemaking process for considering
potential changes to the TSCA section
12(b) regulation within the scope of
existing statutory authority. This could
include holding public meetings and/or
issuing an ANPRM that invites
interested parties to participate in
developing amendments to the current
TSCA section 12(b) regulations, or the
issuance of an NPRM by the end of
2005. EPA has taken stock of the status
of the 1C implementing legislation and,
since United States implementation is
still pending, EPA is developing a plan
of action for considering potential
changes to the TSCA section 12(b)
export notification regulation within
the scope of existing statutory
authority.
Timetable:
Action
Date FR Cite
Notice
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4858;
URL For More Information:
www.epa.gov/opptintr/chemtest/
12b.htm
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schwreer.greg@epamail.epa.gov
Dave Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epa.gov
RIN: 2070-AJ01
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3146. AMENDMENT TO THE
PREMANUFACTURE NOTIFICATION
EXEMPTIONS; REVISIONS OF
EXEMPTIONS FOR POLYMERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 723
Legal Deadline: None
Abstract: This proposed regulatory
action would eliminate exemptions
under the Polymer Exemption Rule for
certain polymers containing
perfluoralkyl sulfonate (PFAS),
perfluoroalkyl carboxylates (PFAC),
perfluoroalky-containing telomers, and
other polymers containing certain
perfluoroalkyl groups. Based on data on
perfluorooctyl sulfonate (PFOS) and
perfluorooctonic acid (PFOA), and
other chemical substances containing
perfluoroalkyl groups, EPA believes
that these substances may persist in the
environment, bioaccumulate, and be
toxic. Certain polymers which contain
PFAS, PFAC, perfluoroalkyl-containing
telomers, or other substances with
certain perfluoroalkyl groups, would no
longer qualify for exemption from
TSCA section 5 reporting.
Timetable:
Action
Date
FR Cite
NPRM
09/00/05
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27617
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4635;
Sectors Affected: 325 Chemical
Manufacturing; 327 Nonmetallic
Mineral Product Manufacturing; 326
Plastics and Rubber Products
Manufacturing
Agency Contact: Rebecca Cool,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD58
3147. TEST RULE; CERTAIN
CHEMICALS ON THE ATSDR
PRIORITY LIST OF HAZARDOUS
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of eight chemicals to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(i). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. In addition, this action
would require manufacturers and
processors to develop data for these
chemicals that will be used by EPA
under the Clean Air Act (CAA) to
evaluate residual risks from hazardous
air pollutants (HAPs) on the list of
HAPs in the CAA under section 112(f),
42 USC 7412(f) and sections 112(d and
e). Data from this action would also be
used to support implementation of
several provisions of section 112 of the
CAA including, determining risks
remaining after the application of
technology based standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed
(delisted) from section (b)(l) of the
CAA list of HAPS.
Timetable:
Action
Date
FR Cite
NPRM
03/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
wwrw.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AB79
3148. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR), in the administration
of section 211 of the Clean Air Act
(CAA), has requested that OPPT use its
TSCA section 4 testing authority to
obtain health effects data on a number
of Oxygenated Fuel Additives (OFAs).
These data are needed by EPA and
others to increase understanding of the
toxicity of these substances
individually and in comparison to each
other as well as to other OFAs such
as methyl t-butyl ether (MTBE). EPA
will be soliciting interested parties to
work on an Enforceable Consent
Agreement (EGA) under TSCA section
4, through which responsible parties
can agree to provide data to EPA.
Although not currently a rulemaking,
EPA is including this in the Regulatory
Agenda to inform the public of this
activity which will have a regulatory
impact once an EGA is finalized.
Timetable:
Action
Date FR Cite
Notice Soliciting
Participation
Notice EGA
12/00/05
12/00/07
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
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, 7405M,
Washington, DC 20460
Phone: 202 564-8171
Fax: 202 564-4745
Email:
penberthy.wrard@epamail.epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
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27618
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Substances, 7405, Washington, DC
20460
Phone: 202 564-8174
Fax: 202 564-4765
Email:
semeniuk.george@epamail.epa.gov
RIN: 2070-AD28
3149. SIGNIFICANT NEW USE RULE
(SNUR); SELECTED FLAME
RETARDANT CHEMICAL
SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: Upon completion of the
residential upholstered furniture (RUF)
flammability standards under
consideration by the Consumer Product
Safety Commission (CPSC), EPA would
propose a significant new use rule
(SNUR) under section 5 of the Toxic
Substances Control Act (TSCA)
covering certain flame retardant
chemicals for use in RUF. The SNUR
would require companies wanting to
import or manufacture these chemicals
for use as a flame retardant in RUF to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities. The
required notice will provide EPA with
the opportunity to evaluate their use
as flame retardant chemicals in RUF,
and if necessary to prohibit or limit
such activity before it occurs to prevent
any unreasonable risk of injury to
human health or the environment.
Timetable:
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bowser.john@epamail.epa.gov
Carolyn Grandson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4775
Email: grandson.carolyn@epa.gov
RIN: 2070-AD48
3150. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720.45
Legal Deadline: None
Abstract: This notice will alert
interested parties that EPA is
considering new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(Inventory). More specifically, this
notice outlines four identification
elements that EPA currently believes
are appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. This notice
also solicits public comment on several
specific questions relating to this topic.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
11/15/04 69 FR 65565
12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Action
Date
FR Cite Government Levels Affected: None
NPRM 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4512;
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Additional Information: SAN No. 4878,
EDocket No.: OPPT-2003-0058;
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
Henry Lau, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, TS-793, 7406M,
Washington, DC 20460
Phone: 202 564-8572
Email: lau.henry@epamail.epa.gov
RIN: 2070-AJ04
3151. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTION
REQUEST FROM U.S. MARITIME
ADMINISTRATION (MARAD)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The U.S. Maritime
Administration (MARAD) is responsible
for disposing of surplus Navy non-
combatant ships; many of these ships
contain polychlorinated biphenyls
(PCBs) in electrical equipment, and are
contaminated with more than 50 ppm
PCBs in paint, gaskets and cable that
cannot be easily removed. In 2003,
MARAD exported 4 surplus ships to a
shipyard in the United Kingdom, Able
UK, for scrapping; however, the
planned export of an additional 9 ships
has been prevented by a temporary
restraining order issued by the U.S.
District Court for D.C. Although EPA
issued a letter of enforcement
discretion in May 2003, on July 29,
2004, MARAD submitted a partial
petition for an export ban exemption
under TSCA 6(e)(3)(B). Upon receipt of
a completed petition, the Agency will
conclude its review. EPA can grant
these petitions through notice-and-
comment rulemaking for a period of up
to one year, provided it can make a
finding of no unreasonable risk and
good faith efforts to find substitutes.
Timetable:
Action
Date FR Cite
NPRM 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
2150.1, EDocket No.: OPPT-2004-0107;
Split from RIN 2070-AB20.
URL For More Information:
www.epa.gov/pcb/
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27619
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AJ05
3152. PRE-RENOVATION LEAD
EDUCATION RULE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2686(b)
CFR Citation: 40 CFR 745.83
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is proposing
to revise its regulations implementing
section 406(b) of the Toxic Substances
Control Act (TSCA) to authorize the use
of a new information pamphlet,
"Protect Your Family From Lead
During Renovation & Remodeling."
There is an increase in risk to lead-
based paint poisoning during
renovation activities, particularly to
children under six years of age. To
ensure greater public health and safety
during renovation activities in target
housing, EPA has developed a lucid
information pamphlet for families. This
new pamphlet gives information on
lead-based paint hazards in a home,
lead testing, how to select a contractor,
what precautions to take during the
renovation, and proper cleanup
activities. EPA is also proposing to
remove a portion of the regulation
which provides sample
acknowledgment and certification
statements. In the interest of
streamlining the regulatory text, the
sample acknowledgment and
certification statements will be removed
and will be placed in a compliance
guidance and on the EPA lead website,
wwwr.epa.gov/lead.
Timetable:
Action
Date FR Cite
NPRM 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4953
Agency Contact: John D. Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
Fax: 202 566-0471
Email: wrilkins.john@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AJ14
3153. • TRANSFERING RIGHTS TO
MANUFACTURE CHEMICAL
SUBSTANCES UNDER TSCA
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: Companies frequently
propose to transfer rights to
manufacture a chemical substance
under the Toxic Substances Control Act
(the "Act") to a different company or
person. These rights to manufacture
may be subject to regulation by EPA
because of the company's earlier
submittal of a premanufacture notice,
a significant new use notice or an
exemption notice to EPA for the
chemical substance. Either prior to or
after commencing the manufacture of
the chemical substance, the company
may want to transfer the right to
manufacture the chemical substance to
a new company as part of a merger,
corporate reorganization or other
business transaction. The Act can be
interpreted as requiring the transferee
of a right to manufacture to submit a
new premanufacture notice to the
Agency, because the transferee is a new
person. However, the Agency has not
always required the transferee to
submit a new notice and has allowed
the transferee to manufacture the
chemical substance under the original
company's authorization. Because there
are no rules or formal guidance
concerning the procedure for
transferring rights to manufacture, this
issue has not been addressed in a clear
and consistent manner. Furthermore, it
is not clear if a transferee of a right
to manufacture is liable under the Act
to the same extent as the transferor.
Therefore, to clarify these issues, EPA
proposes to adopt a rule to accomplish
several purposes: (1) to provide a clear
procedural mechanism to facilitate the
transfer of rights to manufacture to new
persons; (2) to require the transferee to
specifically assume all of the legal
obligations associated with the
transferred right to manufacture; and
(3) to provide notice to the Agency of
a proposed transfer of a right to
manufacture, thereby allowing the
Agency to engage in more meaningful
compliance monitoring.
Timetable:
Action
Date FR Cite
NPRM
12/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4975;
Agency Contact: James Vinch,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington
DC, DC 20460
Phone: 202 564-1256
Fax: 202 564-1256
Email: vinch.james@epa.gov
RIN: 2070-AJ15
3154. • SIGNIFICANT NEW USE RULE,
PERFLUOROALKYL SULFONATES
(PFAS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604; 15 USC
2607; 15 USC 2625
CFR Citation: 40 CFR 721.9582
(Amended)
Legal Deadline: None
Abstract: EPA is proposing to amend
a significant new use rule (SNUR)
under section 5(a)(2) of the Toxic
Substances Control Act (TSCA) for
certain perfluoroalkyl sulfonates (PFAS)
substances which were not addressed
by the previous PFAS SNURs (67 FR
11008, March 11, 2002; 67 FR 72854,
December 9, 2002), codified at 40 CFR
721.9582. EPA is proposing to amend
the PFAS SNUR at 40 CFR 721.9582
by adding a new Table 3 containing
all PFAS chemicals currently on the
TSCA Inventory but not already subject
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27620
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
to the PFAS SNUR. This proposed rule
would require manufacturers, including
importers, to notify EPA at least 90
days before commencing the
manufacture or import of these
chemical substances for the significant
new uses described in this document
after January 1, 2007. EPA believes that
this action is necessary because the
PFAS component of these chemical
substances may be hazardous to human
health and the environment. The
required notice will provide EPA the
opportunity to evaluate intended
significant new uses and associated
activities before they occur and, if
necessary, to prohibit or limit those
activities.
Timetable:
Action
Date
FR Cite
NPRM
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4974;
URL For More Information:
http://wrww.epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Amy Breedlove,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AJ18
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3155. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Other Significant
Legal Authority: 15 USC 2603
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing test rules
under section 4(a) of the Toxic
Substances Control Act (TSCA) to
require testing and recordkeeping
requirements for certain high
production volume (HPV) chemicals
(i.e., chemicals which are manufactured
(including imported) in the aggregate at
more than 1 million pounds on an
annual basis) that have not been
sponsored under the voluntary HPV
Challenge Program. Although varied
based on specific data needs for the
particular chemical, the data generally
collected under these rules may
include: acute toxicity, repeat dose
toxicity, developmental and
reproductive toxicity, mutagenicity,
ecotoxicity, and environmental fate.
The first rule proposed testing for 37
HPV chemicals with substantial worker
exposure. The number of chemicals
included in the first final rule may be
reduced based on new information on
annual production volumes, worker
exposure, and commitments to the
voluntary HPV Challenge Program.
Subsequent test rules will require
similar screening level testing for other
unsponsored HPV Challenge Program
chemicals.
Timetable:
Action
Date
FR Cite
NPRM 12/26/00 65 FR 81658
Final Rule 11/00/05
NPRM-Second Test 05/00/06
Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3990;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
wwrw.epa.gov/opptintr/chemtest/
sect4rule.htm
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD16
3156. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions.
Timetable:
Action
Date
FR Cite
Final 37th ITC List
Final 38th ITC List
Final 38th ITC
List-Stay
Final 38th-tech stay 01/07/98 63FR684
02/28/96 61 FR7421
10/29/96 61 FR 55871
12/11/96 61 FR65186
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27621
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Action
Final 38th ITC-rev
Final 39th ITC List
Final 41 st ITC List
Final 42nd ITC List
Final 47th ITC List
Final 51st ITC List
Final 53rd ITC List
Final 55th ITC List
Date
01/11/00
01/11/00
07/05/00
07/24/00
07/26/01
06/11/03
12/07/04
06/00/05
FR Cite
65 FR 1 548
65 FR 1 548
65 FR 41 371
65 FR 45535
66 FR 38955
68 FR 34832
69 FR 70552
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
URL For More Information:
wwwr.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epamail.epa.gov
Joseph Nash, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8886
Fax: 202 564-4765
Email: nash.joseph@epamail.epa.gov
RIN: 2070-AB08
3157. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d) TSCA
8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require
manufacturers, importers and
processors to submit unpublished
health and safety data on chemicals
added to the requirements of the Toxic
Substances Control Act section 8(d)
Health and Safety Data Reporting Rule
(40 CFR part 716). These chemicals
have been identified by the Office of
Pollution Prevention and Toxics, other
EPA offices, and other Federal agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee. The Regulatory
Agenda identifies the most recent rules
and any anticipated rules.
Timetable:
Action
Date
FR Cite
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98 63FR684
Final: 38th ITC List
Final: 38th ITC List-
Stay
Final: 38th ITC List-
Stay/Technical
Amendment
Final: 38th ITC List- 01/11/00 65 FR 1548
Revocation
Final: 51 st ITC List 05/04/04 69 FR 24517
(Has Actions From
Lists 43, 47, and 50)
Final: 55th ITC List 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
wwrw.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@epamail.epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8156
Fax: 202 564-4765
Email: harris.john@epa.gov
RIN: 2070-AB11
3158. TSCA INVENTORY UPDATE
RULE REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(a) TSCA
8 (a)
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: In this follow-on action to the
Inventory Update Rule Amendments
(IURA) (RIN 2070-AC61) that was
finalized in January 2003, EPA is
making additional changes to the IUR
to adjust the submission period and the
reporting frequency, clarify
requirements for the "low current
interest" partial exemption petitions,
add chemicals to the petroleum process
streams partial exemption, amend the
list of commercial and consumer
product use categories, separate
reporting of manufacture and import
production volume, restrict reporting of
processing and use information to
domestic activities only, adjust the
definition for polymer, remove the
requirement to determine
confidentiality of production volume in
ranges. These changes clarify the rule
and reduce the burden associated with
reporting.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/26/05 70 FR 3658
08/00/05
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Additional Information: SAN No.
3301.1, EDocket No.: OPPT-2004-0106;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
www.epa.gov/oppt/iur
Agency Contact: Susan Sharkey,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406M, Washington,
DC 20460
Phone: 202 564-8789
Fax: 202 564-8893
Email: sharkey.susan@epamail.epa.gov
Robert Lee, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7406M,
Washington, DC 20460
Phone: 202 564-8786
Fax: 202 564-8893
Email: lee.robert@epamail.epa.gov
RIN: 2070-AD63
3159. SIGNIFICANT NEW USE RULE
(SNUR); CERTAIN POLYBROMINATED
DIPHENYL ETHERS (PBDES)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
section 5
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
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27622
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Abstract: EPA proposed a significant
new use rule (SNUR) under section 5
of the Toxic Substances Control Act
(TSCA) covering certain
polybrominated diphenylethers
(PBDEs). The SNUR would require
companies wanting to import or
manufacture these chemicals for the
significant new uses described in the
SNUR to submit a significant new use
notice (SNUN) to the Agency at least
90 days prior to beginning those
activities. The SNUN provides EPA the
opportunity to evaluate the intended
use, and, if necessary, prohibit or limit
that use before it occurs. Great Lakes
Chemical Corporation, the only United
States manufacturer of pentaBDE and
octaBDE, is voluntarily phasing out of
these commercial products by the end
of 2004. The chemical substances
subject to this proposed rule are these
commercial products, and other PBDE
congeners that comprise these products.
This proposed rule would require
manufacturers and importers to notify
EPA at least 90 days before
commencing the manufacture or import
of any one or more of these chemicals
on or after January 1, 2005, for any use.
Environmental monitoring programs
detected several PBDEs in human
breast milk, fish, aquatic birds, and
elsewhere in the environment. The
exact mechanisms or pathways by
which these PBDEs end up in the
environment and humans is not known,
but would include releases from
manufacturing or processing of the
chemicals into products like plastics or
textiles, aging and wear of the end
consumer products, and direct
exposure during use (e.g., from
furniture). The limited data that is
currently available indicate the
potential for adverse effects to humans
and environmental organisms, but
existing hazard and exposure
information is incomplete. These
factors, taken together, raise concerns
for long term potential adverse effects
in people and wildlife over time if
these chemicals should continue to be
produced, released, and built up in the
environment.
Timetable:
Action
NPRM
Final Action
Date
12/06/04
09/00/05
FR Cite
69 FR 70404
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 4870,
EDocket No.: OPPT-2004-0085;
Agency Contact: Kenneth Moss,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9232
Fax: 202 564-9490
Email: moss.kenneth@epamail.epa.gov
RIN: 2070-AJ02
3160. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: PFOA is a synthetic (man-
made) chemical that does not occur
naturally in the environment. EPA
identified data gaps regarding the
sources and exposure pathways of
PFOA and is seeking additional data
concerning the potential relationship
between fluoropolymer and
fluorotelomer based polymer chemicals
and PFOA. EPA has invited interested
parties to monitor or participate in
negotiations for developing several
industry sponsored testing programs
concerning fluoropolymers and
fluorotelomer based polymers which
may metabolize or degrade to PFOA.
These testing programs would be set in
place preferably as publicly negotiated
enforceable consent agreements (EGAs)
under section 4 of the Toxic Substances
Control Act (TSCA) among EPA,
industry, and interested parties under
section 4 of TSCA, but may also be
established as negotiated memoranda of
understanding (MOUs) where
circumstances preclude moving forward
under EGAs. The goal of the PFOA EGA
process is to better understand the
sources and exposure pathways leading
to the presence of PFOA in humans
and the environment.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Notice 05/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.1, EDocket No.: OPPT-2003-0012;
URL For More Information:
http://wwwr.epa.gov/oppt/pfoa/
index.htm
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schwreer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ06
3161. TESTING AGREEMENT FOR
DIETHANOLAMINE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA Section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rule-making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
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27623
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including diethanolamine (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Alkanolamines
Panel submitted a proposal on
November 25, 1996 for alternative
testing involving PK studies.
ORD/NCEA performed a technical
analysis of the proposal in November
of 1997. A public meeting was held on
February 24, 1998. The Alkanolamines
Panel of ACC has submitted two update
letters, one in April 1999 and one in
May of 2003. Under this action, EPA
will continue negotiations to develop
an EGA that will provide health effects
testing sufficient to meet the data needs
specified in the proposed HAPs Section
4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final Action - EGA
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.4;
URL For More Information:
wwwr.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: wrilliams.daver@epamail.epa.gov
RIN: 2070-AJ09
3162. TESTING AGREEMENT FOR
HYDROGEN FLUORIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA Section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rule-making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including hydrogen fluoride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAs data via EGAs,
including developing pharmacokinetics
studies that would permit extrapolation
from oral data to predict risk from
inhalation exposure. In response to
EPA's request for proposals for EGAs,
the Hydrogen Fluoride (HF) Panel
submitted a proposal for alternative
testing involving PK studies for HF on
November 27, 1996. EPA responded to
this proposal by letter on June 26, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final Action - EGA 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.5;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ10
3163. TESTING AGREEMENT FOR
PHTHALIC ANHYDRIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA Section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rule-making and allow EPA to consider
agreed-upon pollution prevention and
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants (HAPs),
including phthalic anhydride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Phthalic
Anydride (PA) Panel submitted a
proposal for alternative testing
involving PK studies for PA on
November 22, 1996. EPA responded to
this proposal by letter on July 10, 1997,
indicating that this approach could
offer sufficient merit to proceed with
EGA negotiations. Under this action,
EPA will continue negotiations to
develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs section
4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final Action - EGA 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.7;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: wrilliams.daver@epamail.epa.gov
RIN: 2070-AJll
3164. SIGNIFICANT NEW USE RULE
FOR GLYCOL ETHERS
(2-ETHOXYETHANOL,
2-ETHOXYETHANOL ACETATE,
2-METHOXYETHANOL, OR
2-METHOXYETHANOL ACETATE)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604, 2607,
2625
CFR Citation: 40 CFR 721 (Amended)
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5(a)(2) of the Toxic Substances
Control Act (TSCA) which would
require persons to notify EPA at least
90 days before commencing the
manufacture, import or processing of 2-
ethoxyethanol (2-EE) (CAS No. 110-80-
5), 2-ethoxyethanol acetate (2-EEA)
(CAS No. 111-15-9), 2-methoxyethanol
(2-ME) (CAS No.109-86-4), or 2-
methoxyethanol acetate (2-MEA) (CAS
No.110-49-6) for use in a consumer
product. EPA believes that this action
is necessary because 2-EE, 2-EEA, 2-
ME, and 2-MEA may be hazardous to
human health and their use in a
consumer product may result in
significant human exposure. The
required notice would provide EPA
with the opportunity to evaluate the
intended uses and associated activities,
and if necessary, prohibit or limit those
uses and activities before they occur.
There are no anticipated impacts on
small business.
Timetable:
Action
NPRM
Final Action
Date
03/01/05
11/00/05
FR Cite
70 FR 9902
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4942,
EDocket No.: OPPT-2004-0111;
URL For More Information:
http://wwwr.epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Amy Breedlove,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AJ12
3165. TESTING AGREEMENT FOR
MALEIC ANHYDRIDE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA
the authority to require chemical
manufacturers and processors to test
existing chemicals. Under Section 4,
EPA can by rule require testing after
finding that (1) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced in
substantial quantities and enters the
environment in substantial quantities or
there is or may be significant or
substantial human exposure to the
chemical, (2) the available data to
evaluate the chemical are inadequate,
and (3) testing is necessary to develop
the needed data. The Chemical Testing
Program in EPA's Office of Pollution
Prevention and Toxics (OPPT) also
works with members of the U.S.
chemical industry to develop needed
data via TSCA Section 4 Enforceable
Consent Agreements (EGAs) and
Voluntary Testing Agreements (VTAs).
EGAs and VTAs are usually less
resource intensive than formal TSCA
rule-making and allow EPA to consider
agreed-upon pollution prevention and
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27625
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
other types of product stewardship
initiatives by the chemical industry as
a possible substitute for or adjunct to
certain types of needed testing. EPA
proposed health effects testing under
TSCA section 4(a) for a number of
hazardous air pollutants ("HAPs"),
including maleic anhydride (61 FR
33178, June 26, 1996 (FRL-4869-1), as
amended by 62 FR 67466, December
24, 1997 (FRL-5742-2). In the proposed
HAPs test rule, as amended, EPA
invited the submission of proposals for
developing needed HAPs data via
EGAs, including developing
pharmacokinetics studies that would
permit extrapolation from oral data to
predict risk from inhalation exposure.
In response to EPA's request for
proposals for EGAs, the Maleic
Anhydride (MA) Panel submitted a
proposal for alternative testing
involving PK studies for MA on
November 8, 1996. EPA responded to
Panel's proposal by letter on July 10,
1997, indicating that this approach
could offer sufficient merit to proceed
with EGA negotiations. Under this
action, EPA will continue negotiations
to develop an EGA for health effects
testing sufficient to meet the data needs
specified in the proposed HAPs Section
4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final Action - EGA 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.6;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ13
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3166. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 TSCA
206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASHARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments.
Timetable:
Action
Date FR Cite
Model Plan
Interim Final Rule
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148;
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
http://wrww.epa.gov/asbestos/
Agency Contact: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AC51
3167. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Other Significant
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: On October 20, 1992, the
Environmental Defense Fund (EDF),
Federation of Fly Fishers, Trumpeter
Swan Society, and North American
Loon Fund petitioned EPA under
section 21 of the Toxic Substances
Control Act (TSCA), and the
Administrative Procedure Act (APA), to
initiate rulemaking proceedings under
section 6 of TSCA to require that the
sale of lead fishing sinkers be
accompanied by an appropriate label or
notice warning that such products are
toxic to wildlife. EPA granted the
petition, however, the Agency believes
that a labeling provision would not
adequately address the risk of injury to
waterfowl and other birds (waterbirds),
from ingestion of lead fishing sinkers.
In addition, EPA also believes that zinc
fishing sinkers adversely affect
waterbirds, and can cause mortality.
Therefore, EPA has proposed a rule
under section 6(a) of TSCA to prohibit
the manufacturing, processing, and
distribution in commerce in the United
States, of certain smaller size fishing
sinkers containing lead and zinc, and
mixed with other substances, including
those made of brass. EPA intends to
publish a notice withdrawing the
proposal.
Timetable:
Action
Date
FR Cite
ANPRM
05/13/91 56 FR 22096
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Action
Date FR Cite
NPRM
Notice
03/09/94
12/00/05
59 FR 11122
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252;
URL For More Information:
http://wwrw.epa.gov/oppt/lead/
Agency Contact: Julie Simpson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
Mike Wilson, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
RIN: 2070-AC21
3168. LEAD-BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE—BRIDGES AND
STRUCTURES
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 15 USC 2682, 2684;
PL 102-550 sec 402; PL 102-550 sec
404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
Model State program which may be
adopted by any State which seeks to
administer and enforce a State Program.
EPA promulgated regulations for
training and certification of training
programs for LBP activities and child
occupied facilities in 1996 (see 40 CFR
745). Regulations for LBP activities in
public and commercial buildings and
bridges and other structures are still
under development.
Timetable:
Action
Date FR Cite
NPRM 07/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4376;
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information:
http://wrww.epa.gov/oppt/lead/
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wrheeler.cindy@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC64
3169. LEAD-BASED PAINT
ACTIVITIES; ABATEMENT
AMENDMENTS FOR RENOVATION
AND REMODELING
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2682 TSCA
4 402
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory,
October 28, 1996.
Abstract: In accordance with section
402(c)(3) of the Toxic Substances
Control Act (TSCA), EPA may consider
introducing regulatory requirements for
renovation and remodeling contractors
who work in target housing and child-
occupied facilities where, as a result of
their work, lead hazards are created. In
anticipation of these requirements, the
Agency is reviewing the existing
training and certification requirements
for abatement contractors codified at 40
CFR part 745, subpart L. The
modifications to the abatement
requirements will ensure compatibility
between the existing requirements and
any future renovation requirements.
This is necessary because there is
considerable overlap between the
workforce and techniques associated
with the two regulated activities. These
revisions will also provide an
opportunity for the Agency to address
minor technical and procedural
amendments that correct long-standing
errors in the existing requirements or
update them based on program
experiences to date.
Timetable:
Action
Date FR Cite
NPRM
03/00/07
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3557;
Sectors Affected: 23599 All Other
Special Trade Contractors; 23551
Carpentry Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
23322 Multifamily Housing
Construction; 23521 Painting and Wall
Covering Contractors; 531311
Residential Property Managers; 23321
Single Family Housing Construction;
54138 Testing Laboratories
URL For More Information:
http://wwwr.epa.gov/oppt/lead/
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27627
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AC83
3170. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
(1) no unreasonable risk to health or
the environment will occur, and (2)
good faith efforts have been made by
the petitioner to develop a substitute
for PCB which does not pose an
unreasonable risk of injury to health or
the environment.
Timetable:
Action
NPRM
NPRM1
Final 1
Final Action
Date FR Cite
1 2/06/94 59 FR 62875
09/17/02 67 FR 58567
01/31/03 68 FR 4934
12/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2150;
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications
URL For More Information:
wwwr.epa.gov/pcb
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AB20
3171. POLYCHLORINATED
BIPHENYLS (PCBS); DISPOSAL OF
PCBS; IMPLEMENTATION ISSUES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 15 USC 2607 TSCA
6
CFR Citation: 40 CFR 761 (Revision)
Legal Deadline: None
Abstract: This proposed regulation will
clarify and expand on implementation
issues that have arisen as a result of
the publication of the 1998 PCB
Disposal Amendments (63 FR 35384).
Topics will include but not be limited
to, Use Authorizations, Public
Participation Process, Appeals Process,
Natural Gas Pipelines, Testing and
Analysis, Manifesting of PCB Waste,
Publication Process for Validated
Alternate Decontamination Solvents
and PCB Analytical Methods and
Storage of Dedicated PCB Equipment.
The action to authorize certain non-
liquid PCB applications is also
included in this action.
Timetable:
Action
Date FR Cite
NPRM
10/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4597;
Sectors Affected: 31-33 Manufacturing;
81 Other Services (except Public
Administration); 54 Professional,
Scientific and Technical Services; 92
Public Administration; 53 Real Estate
and Rental and Leasing; 48-49
Transportation; 22 Utilities; 562 Waste
Management and Remediation Services
URL For More Information:
www.epa.gov/pcb
Agency Contact: Sara McGurk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0480
Fax: 202 566-0473
Email: mcgurk.sara@epamail.epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AD52
3172. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
NPRM: 84-1 056
NPRM: 86-566
NPRM
Final
Final: 84-1 056
Final: 86-566
Date
06/1 1/86
1 2/08/87
06/1 1/93
1 2/00/06
1 2/00/06
1 2/00/06
FR Cite
51 FR21199
52 FR 46496
58 FR 32628
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Action
Additional Information: SAN No. 1976; Timetable:
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwrood.jim@epamail.epa.gov
Date
FR Cite
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AA59
3173. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
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
NPRM: Aromatic 06/06/94 59 FR 29255
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether 12/19/94 59 FR 65289
of Alkanetriol
Polymer (93-458)
NPRM: Certain 06/26/97 62 FR 34421
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Final: Alkenyl Ether of 12/00/06
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino 12/00/06
Ether (P90-1840)
Final: Certain 12/00/06
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
http://www.epa.gov/opptintr/
newchems/cnosnurs.htm
Agency Contact: Jim Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AB27
3174. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 in the pilot. A workshop was
held in December 2001 to provide
sponsors with additional guidance on
the scope and content of the exposure
assessments they will prepare. A peer
consultation process is being used to
evaluate the scientific merits of the
hazard, exposure, and risk assessments
submitted by sponsors. Assessments for
eight chemicals have been evaluated in
the peer consultation process.
Information on VCCEP and the
chemical assessments submitted to date
are available to the public at
www.epa.gov/chemrtk/vccepl.
Although not currently involving a
rulemaking, EPA has included this
pilot program in the Regulatory Agenda
to inform the public about activities
like this related to its chemical testing
program.
Timetable:
Action
Date FR Cite
Notice Announcing 12/26/00 65 FR 81700
VCCEP & Pilot
Notice: Status of Pilot 12/00/06
Peer Consultation To Be Determined
Process
Pilot Program Activites To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4876;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
www.epa.gov/chemrtk/vccep
Agency Contact: Linda Gerber,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-3452
Fax: 202 564-4765
Email: gerber.linda®.epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
RIN: 2070-AC27
3175. TEST RULE; HAZARDOUS AIR
POLLUTANTS (HAPS)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4
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
06/26/96 61 FR33178
12/24/97 62 FR 67466
04/21/98 63 FR 19694
NPRM
Supplemental NPRM
Supplemental NPRM
2
NPRM-Reproposal 10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Rich Leukroth,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8167
Fax: 202 564-4765
Email: leukroth.rich@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: wrilliams.daver@epamail.epa.gov
RIN: 2070-AC76
3176. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is coordinating an
evaluation of the data needs for
assessing potential adverse affects that
exposures to metals pose for health and
the environment with the Agencies
efforts to develop a framework for
assessing potential risks from exposures
to metals. This activity is intended to
lead to EPA proposing a test rule under
section 4(a) of the Toxic Substances
Control Act (TSCA). A test rule would
require manufacturers and processors of
certain metals (beryllium, chromium,
manganese, mercury, nickel, and
selenium) to fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP) and EPA pursuant to
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(1), the Clean
Air Act (CAA) section 112 and other
statutes requiring risk assessments,
health assessments, permits, standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment. Under CERCLA,
ATSDR is to establish a list of priority
hazardous substances found at
superfund sites, develop toxicological
profiles for the hazardous substances,
identify priority data needs, and
establish a research program obtaining
the necessary data. This action is a
component of ATSDR's research
program. Data from this action would
provide specific information about the
substances for the public and scientific
communities. Data from this action
would also be used to implement
several provisions of section 112 of the
CAA, including determining risks
remaining after the application of
technology based on standards under
section 112(d) of the CAA, estimating
the risks associated with accidental
releases, and determining whether or
not substances should be removed from
the CAA section (b)(l) list of HAPs
(delisting).
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epamail.epa.gov
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD10
3177. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2625 TSCA 26
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: EPA is reproposing a test rule
under section 4 of the Toxic Substances
Control Act (TSCA) that would require
manufacturers, defined by statute to
include importers, and processors of
seven (7) substances to conduct testing
for developmental and/or reproductive
toxicity. EPA is also proposing
reporting rules for two of the seven
substances. These rules would require
the reporting of production volumes so
it will be possible to determine when
the testing program can be triggered for
the two substances without causing a
significant impact on revenues. This is
a re-proposal of a test rule announced
March 4, 1991 (56 FR 9092).
Timetable:
Action
Date FR Cite
NPRM Original 03/04/91 56 FR 9092
NPRM-Reproposal 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
wwwr.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email:
roman.catherine@epamail.epa.gov
Greg Schweer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
RIN: 2070-AD44
3178. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: EPA monitors the commercial
development of existing chemicals of
concern and/or to gather information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
Timetable:
Action
Date FR Cite
NPRM-2-4 Original 09/27/89 54 FR 39548
NPRM-Chloranil 05/12/93 58 FR 27980
NPRM-Heavy Metals 01/15/02 67 FR 1937
NPRM-Benzidine- 12/00/05
amend
NPRM-o-Tolodine 12/00/05
Final-Chloranil 12/00/06
Final-Heavy Metals 06/00/07
NPRM Supplemental 06/00/07
-2-4
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AA58
3179. SIGNIFICANT NEW USE RULE
(SNUR); REFRACTORY CERAMIC
FIBERS (RCFS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/21/94 59 FR 13294
09/00/08
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: Robert Courtnage,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1081
Fax: 202 566-0473
Email:
courtnage.robert@epamail.epa.gov
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27631
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Peter Gimlin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404T,
Washington, DC 20460
Phone: 202 566-0515
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
RIN: 2070-AC37
3180. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: None
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-to-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
results available to the public. Any
needed testing on the HPV chemicals
in the HPV Challenge Program should
be completed by 2004 with all data
available to the public by 2005. The
Agency intends to consider specific
chemicals which are not voluntarily
sponsored in the HPV Challenge
Program as candidates for test rules
under Section 4 of the Toxic
Substances Control Act (TSCA).
Although this Initiative is not a
rulemaking, EPA has included it in the
Regulatory Agenda to inform the
public.
Timetable:
Action
Date FR Cite
Notice
Notice: Initiative
Complete
12/26/00 65 FR 81686
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176;
See also items identified under the
following RINs 2070-AD09; 2070-AD38;
RIN 2070-AD16; RIN 2070-AC27.
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/chemrtk/volchall.htm
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202-564-8176
Fax: 202 564-4775
Email: sheridan.diane@epamail.epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-9490
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AD25
3181. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR Part
340, however, these plants cease to be
subject to regulation by USD A.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4598;
Agency Contact: Flora Chow,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8983
Fax: 202 564-9062
Email: chow.flora@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9138
Fax: 202 564-9490
Email: cool.rebecca@epamail.epa.gov
RIN: 2070-AD53
3182. LEAD; AMENDMENTS TO
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101; 40 CFR 745.102; 40 CFR
745.103; 40 CFR 745.107; 40 CFR
745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118; 40 CFR
745.119
Legal Deadline: None
Abstract: Amendments will clarify to
which target housing transactions the
rule applies; add or clarify definitions
of important terms; clarify the
disclosure responsibilities of agents;
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
clarify what information must be
disclosed; clarify recordkeeping
requirements to support enforcement;
and will amend existing regulatory text
to resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. Small businesses and
State/local/tribal governments that sell
or lease target housing will be affected
in that they will need to become
familiar with new/revised requirements
that apply to these transactions. Overall
burden is not expected to increase
significantly.
Timetable:
Action
Date FR Cite
NPRM 06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4777;
Sectors Affected: 92511
Administration of Housing Programs;
53111 Lessors of Residential Buildings
and Dwellings; 53121 Offices of Real
Estate Agents and Brokers; 522292 Real
Estate Credit; 531311 Residential
Property Managers
URL For More Information:
http://wwrw.epa.gov/oppt/lead/
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AD64
3183. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On January, 17, 1972 (57 FR
2138), EPA published a proposed TSCA
Section 4 test rule covering a number
of aryl phosphate base stocks. On
March 30, 1993, EPA announced
initiation of negotiations with the Aryl
Phosphates Panel of the Chemical
Manufacturers Association (now the
American Chemistry Council or ACC)
to develop a TSCA Section 4
Enforceable Consent Agreement (EGA)
for aryl phosphate base stocks as an
alternative approach to testing under
the proposed rule (58 FR 16669). On
October 9, 1998, EPA sent letters to the
Chief Executive Officers of companies,
including those who were participating
in the development of this EGA, to
announce EPA's High Production
Volume (HPV) Chemical Challenge
Program. Consistent with the
international OECD Screening
Information Data Set (SIDS) Program,
EPA's HPV Challenge Program
encourages US chemical producers and
importers to voluntarily provide
existing screening level data, or, if none
exist, to develop such data on US HPV
chemicals. Because some overlap of
testing requirements in the HPV
Challenge and this EGA initiative were
identified, the industry committed to
develop the screening level data for the
HPV Challenge Program before
continuing with further development of
the EGA. In this way, results from the
HPV Challenge program would feed
back into consideration of needs for the
EGA testing and, where possible, could
avert some or all of the overlap testing
requirements. After completion of the
industry's commitments under the HPV
Challenge Program, EPA will evaluate
the need for any additional testing of
the subject AP base stocks under an
EGA.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action- EGA
12/29/83 48 FR 57452
01/17/92 57 FR 2138
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.2;
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schwreer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ07
3184. TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: On June 25, 1991 (56 FR
29140), EPA issued a proposed TSCA
Section 4 Test Rule for health and
environmental effects and chemical fate
testing of 5 brominated flame
retardants. Since issuing that proposed
rule, all of the subject chemical
substances have been "adopted" under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary US HPV Chemical
Challenge Program, and/or EPA's
Voluntary Children's Chemical
Evaluation Program (VCCEP).
Information obtained under these
various data collection/development
programs will be used to inform EPA's
decision regarding the need to re-
propose and ultimately finalize this
TSCA Section 4 Test Rule for some or
all of the subject chemicals and for
which endpoints they should be tested.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/25/91 56 FR 29140
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.3;
URL For More Information:
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EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
www.epa.gov/oppt/chemtest
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@epamail.epa.gov
DaveR Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AJ08
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3185. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS
Priority: Other Significant
CFR Citation: 40 CFR 745
Completed:
Reason
Date
FR Cite
Final Action (OSW) 06/18/03 68 FR 36487
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Julie Simpson
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
Cindy Wheeler
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
RIN: 2070-AC72
3186. LEAD; REQUIREMENTS FOR
LEAD-BASED PAINT ACTIVITIES IN
TARGET HOUSING AND
CHILD-OCCUPIED FACILITIES
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: TSCA 402 and 404;
15 USC 2682; 15 USC 2684
CFR Citation: 40 CFR 745 subpart L;
40 CFR 745 subpart Q
Legal Deadline: None
Abstract: In August, 1996, the
Environmental Protection Agency (EPA)
promulgated regulations under section
402 of the Toxic Substances Control
Act (TSCA) to ensure that individuals
conducting lead-based paint activities
in target housing and child-occupied
facilities are properly trained and
certified, that training programs
providing instruction in such activities
are accredited and that these activities
are conducted according to reliable,
effective and safe work practice
standards. EPA also finalized a Federal
regulation under section 404 of TSCA
that allows States and Indian tribes to
seek authorization to administer and
enforce the regulations developed
under section 402 for the training and
certification of individuals conducting
LBP activities and the accreditation of
training programs for LBP activities in
1996 (August 29, 1996, 61 FR 45778).
EPA performed an analysis of the
potential impacts on small entities and
determined that this action is likely to
have a modest adverse economic
impact on a substantial number of
small entities. The TSCA section 404
regulations became effective August 29,
1998. The final rule then provided for
an additional phase-in period for the
requirements for training program
accreditation, individual and firm
certification, and work practice
standards. Regulations for accreditation
of training programs became effective
on March 1, 1999. Regulations for
certification of individuals and firms
became fully effective on March 1,
2000. EPA is reviewing the 1996
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the rule should be
continued without change, or should be
amended or rescinded, to minimize
economic impacts on small entities
while still complying with the
provisions of the Toxic Substances
Control Act (TSCA). EPA has already
solicited comment on the continued
need for the rule; the complexity of the
rule; the extent to which it overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and the degree to which
technology, economic conditions or
other relevant factors have changed
since the rule was promulgated. No
comments were received, and EPA has
concluded that the rule needs no
revisions at this time to minimize
impacts on small entities. See EPA
Docket ID number OPPT-2003-0015 at
www.epa.gov/edocket.
Timetable:
Action
Date
FR Cite
Final Action 1 08/29/96 61 FR 45778
Review Begin 05/27/03 68 FR 30942
Comment Period End 12/22/03 68 FR 73543
End Review 12/13/04 69 FR 73889
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4788,
EDocket No.: OPPT-2003-0015;
URL For More Information:
http://wwwr.epa.gov/lead/index.html
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: wheeler.cindy@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AD65
3187. LEAD-BASED PAINT
ACTIVITIES; VOLUNTARY PROGRAM
FOR RENOVATION AND
REMODELING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 745
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EPA—Toxic Substances Control Act (TSCA)
Completed Actions
Completed:
Reason
Date
FR Cite
Withdrawn 04/01/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Mike Wilson
Phone: 202 566-0521
Fax: 202 566-0469
Email: wilson.mike@epamail.epa.gov
Julie Simpson
Phone: 202 566-1980
Fax: 202 566-0469
Email: simpson.julie@epamail.epa.gov
RIN: 2070-AJ03
3188. • TSCA SECTION 8(E)
REPORTING GUIDANCE;
CORRECTION, CLARIFICATION OF
APPLICABILITY, AND
ANNOUNCEMENT REGARDING THE
ISSUANCE QUESTIONS AND
ANSWERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(e) TSCA
8(e)
CFR Citation: None
Legal Deadline: None
Abstract: EPA corrected certain
language that was inadvertently
changed from the March 16, 1978,
TSCA section 8(e) Statement of
Interpretation and Enforcement Policy;
Notification of Substantial Risk (1978
TSCA section 8(e) Policy Statement) (43
FR 11110), when the Agency issued its
TSCA Section 8(e); Notification of
Substantial Risk; Policy Clarification
and Reporting Guidance on June 3,
2003 (68 FR 33129). The 2003
document clarified certain aspects of
TSCA section 8(e) reporting guidance
and included a republication of the
Agency's 1978 policy statement. This
action merely reinserts, verbatim,
certain language from the March 16,
1978 policy statement into the June 3,
2003, guidance document. This notice
also clarifies the applicability date of
the June 3, 2003 guidance document,
and announced the addition of
questions and answers on the
reportability of environmental releases
to the Q&A section of the TSCA section
8(e) web page.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
3118.1, EDocket No.: OPPT-2002-0067;
See also RIN 2070-AC80.
URL For More Information:
http://wwwr.epa.gov/opptintr/chemtest/
sect8e.htm
Agency Contact: Terry OBryan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7403M, Washington,
DC 20460
Phone: 202-564-7656
Fax: 202 564-7460
Email: obryan.terry@epamail.epa.gov
Myra Karstadt, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403M, Washington, DC
20460
Phone: 202 564-7607
Fax: 202 564-7450
Email: karstadt.myra@epamail.epa.gov
Notice
01/12/05 70 FR 2162 RIN: 2070-AJ16
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3189. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
MODIFICATION TO THE THRESHOLD
PLANNING QUANTITY
METHODOLOGY FOR THE
EXTREMELY HAZARDOUS
SUBSTANCES THAT ARE SOLIDS IN
SOLUTION
Priority: Other Significant
Legal Authority: 42 USC 11001
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA is considering an
alternative approach for the threshold
planning quantity (TPQ) for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in event of an
accident. EPA will propose a rule that
would revise the TPQ for solids in
solution and seek comment on an
alternative approach. EPA is pursuing
this proposal in part based on
industry's request to revisit the TPQ
rationale for the chemical paraquat
dichloride (handled as a solid in
aqueous solution). If the TPQ for solids
in solution is raised, it would result
in relieving some facilities (number and
type unknown at this time) from the
regulatory emergency planning and
notification requirements under Section
302-304 of the Emergency Planning and
Community Right-to-Know Act
(EPCRA). EPA intends to evaluate
various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA would
also seek public comment on the
appropriateness of considering aerosol
size as a factor for potential off-site
exposure to communities.
Timetable:
Action
Date
FR Cite
NPRM
03/00/06
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4753;
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A, Washington, DC
20460
Phone: 202 564-8019
Fax: 202 564-2625
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Proposed Rule Stage
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AF08
3190. ADDITION OF TOXICITY
EQUIVALENCY (TEQ) REPORTING
AND QUANTITY DATA FOR
INDIVIDUAL MEMBERS OF THE
DIOXIN AND DIOXIN-LIKE
COMPOUNDS CATEGORY UNDER
EPCRA, SECTION 313
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (i.e., the
Toxics Release Inventory (TRI)), dioxin
and dioxin-like compounds are
reported in units of grams for the
category. This project will add toxic
equivalency (TEQ) reporting for the
category and quantity data for
individual members of the category to
the grams only reporting currently
required for the category under EPCRA
section 313. TEQs are a weighted
quantity measure based on the toxicity
of each dioxin congener relative to the
most toxic dioxin congeners, 2,3,7,8-
tetrachlorodibenzo-p-dioxin and
1,2,3,7,8-pentachlorodibenzo-p-dioxin.
The addition of TEQ reporting will
allow better understanding of the
releases and waste management
quantities currently reported to the TRI
for dioxin and dioxin-like compounds.
TEQ reporting will also make it easier
to compare TRI data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
03/07/05 70 FR 10919
05/06/05
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4692;
TRI has not converted to NAICS so the
Standard Industrial Classification (SIC)
Codes are listed: SIC Code 10 Metal
Mining (except SIC codes 1011, 1081,
and 1094), SIC Code 12 Coal Mining
(except SIC code 1241), SIC Code 20-
39 Manufacturing, SIC Codes 4911,
4931, and 4939 Electric Utilities
(limited to facilities that combust coal
and/or oil for the purpose of generating
power for distribution in commerce),
SIC Code 4953 Commercial Hazardous
Waste Treatment (limited to facilities
regulated under the RCRA, subtitle C,
42 U.S.C. section 6921 et seq.), SIC
Code 5169 Chemicals and Allied
Products-Wholesale, SIC Code 5171
Petroleum Bulk Terminals and Plants,
SIC Code 7389 Solvent Recovery
Services (limited to facilities primarily
engaged in solvent recovery services on
a contract or fee basis).
URL For More Information:
wwrw.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA12
3191. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority: Other Significant
Legal Authority: 42 USC 11023 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The primary goal of this
effort by EPA is to reduce burdens
associated with Toxics Release
Inventory (TRI) reporting while at the
same time continuing to provide
valuable information to the public
consistent with the goals and statutory
requirements of the TRI program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/05
02/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4896;
URL For More Information:
www.epa.gov/tri
Agency Contact: Cassandra Vail,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0753
Fax: 202 566-0741
Email: vail.cassandra@epamail.epa.gov
Kevin Donovan, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202-566-0676
Fax: 202-566-0715
Email: donovan.kevin-e@epa.gov
RIN: 2025-AA14
3192. • TRI; RESPONSE TO PETITION
TO DELETE CHROMIUM, ANTIMONY,
TITANATE FROM THE METAL
COMPOUND CATEGORIES LISTED ON
THE TOXICS RELEASE INVENTORY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to delete
chromium, antimony, titanate from the
list of toxic chemicals reportable under
section 313 of the Emergency Planning
and Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register,
if EPA denies the petition a notice of
petition denial will be published.
Chromium, antimony, titantate is
reportable under the chromium and
antimony compound categories, the
deletion of this chemical would
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
Response 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.4; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
wwwr.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA16
3193. • TRI; RESPONSE TO PETITION
TO ADD DIISONONYL PHTHALATE TO
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to add
diisononyl phthalate to the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register,
if EPA denies the petition a notice of
petition denial will be published. The
addition of this chemical would make
it subject to all the reporting
requirements under the Toxic Chemical
Release Reporting Rule.
Timetable:
Action
Date FR Cite
NPRM 09/05/00 65 FR 53681
Notice of Data 05/00/05
Availability To Solicit
Public Comment on
Revised Hazard
Assessment
Final Action 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.1; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
wwrw.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA17
3194. • TRI; RESPONSE TO PETITION
TO DELETE ACETONITRILE FROM
THE TOXICS RELEASE INVENTORY
LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to delete
acetonitrile from the list of toxic
chemicals reportable under section 313
of the Emergency Planning and
Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register,
if EPA denies the petition a notice of
petition denial will be published. The
deletion of this chemical would
eliminate all the reporting requirements
under the Toxic Chemical Release
Reporting Rule.
Timetable:
Action
Date FR Cite
Response - 02/00/06
Acetonitrile
(Request To Delete)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.3; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27637
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
wwrw.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA19
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
3195. CHANGE OF TOXIC RELEASE
INVENTORY (TRI) REPORTING
REQUIREMENTS FROM STANDARD
INDUSTRIAL CLASSIFICATION (SIC)
CODES TO NORTH AMERICAN
INDUSTRIAL CLASSIFICATION
SYSTEM (NAICS) CODES
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Office of Management
and Budget (OMB) published a Federal
Register Notice of final decision (62 FR
68) to adopt the North American
Industry Classification System (NAICS)
for the United States. This rulemaking
initiates the conversion from TRI
Reporting using Standard Industrial
Classification (SIC) codes to TRI
Reporting using NAICS codes. The TRI
Program will convert to NAICS without
producing any changes in the facilities
that are now subject to TRI reporting.
Therefore, there should be no increased
burden resulting from this action.
Timetable:
Action
Date
FR Cite
NPRM 03/21/03 68 FR 13872
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4595;
Sectors Affected: 212 Mining (except
Oil and Gas); 221 Utilities; 562 Waste
Management and Remediation Services;
422 Wholesale Trade, Nondurable
Goods
URL For More Information:
wwrw.epa.gov/tri
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA10
3196. TRI REPORTING FORMS
MODIFICATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11023 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: EPA is simultaneously
undertaking two rulemakings with the
aim of reducing burden on the Toxics
Release Inventory (TRI) reporting
community while maintaining the
practical utility of TRI data consistent
with the goals and statutory
requirements of the TRI program. This
Agency action is intended to propose
and enact several relatively
noncontroversial modifications to TRI's
reporting forms (Form R and Form A).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/10/05 70 FR 1675
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4938;
Agency Contact: Shelley Fudge,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0674
Fax: 202-566-0741
Email: fudge.shelley@epamail.epa.gov
Kevin Donovan, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202-566-0676
Fax: 202-566-0715
Email: donovan.kevin-e@epa.gov
RIN: 2025-AA15
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27638
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3197. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8, 1998 proposal and this supplemental
proposal will address: reporting
thresholds for rock salt, sand, gravel
and other chemicals that pose minimal
risk; plain language rewrite; and may
consider reporting thresholds for
facilities with some similarities to gas
stations (motor pools, marinas, etc.) and
guidance on approaches to State
flexibility. This supplemental rule,
when finalized, will minimize burden
for those facilities that are currently
reporting chemicals that pose minimal
risk under sections 311 and 312 of the
Emergency Planning and Community
Right-to-Know Act. This rule, when
finalized, may also reduce the number
of facilities subject to these reporting
requirements. The reporting
requirements under sections 311 and
312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, state and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date
FR Cite
06/08/98 63 FR 31268
To Be Determined
NPRM
Supplemental NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 3215;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
Vanessa Rodriquez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE17
3198. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture stating that naturally
occurring ores can not be manufactured
within the meaning of EPCRA section
313. EPA is considering clarifying how
the definitions of manufacturing and
processing under EPCRA section 313
apply to the mining sector processes of
extraction and beneficiation. This
action will not affect the coal extraction
activities exemption.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/06
04/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4616;
URL For More Information:
www.epa.gov/tri
Agency Contact: Marc Edmonds,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA11
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27639
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
3199. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHS)
LIST
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 355
Completed:
Completed:
Reason
Date
FR Cite
Reason
Date
FR Cite
Final Action 11/26/04 69 FR 68809
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Kathy Franklin
Phone: 202 564-7987
Fax: 202 564-2625
Email: franklin.kathy@epamail.epa.gov
Sicy Jacob
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE42
3200. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Withdrawn 03/30/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Steve Devito
Phone: 202-566-0755
Fax: 202 566-0741
Email: devito.steve@epamail.epa.gov
Ben Smith
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA03
3201. TRI; RESPONSE TO PETITION
TO DELETE DBNPA FROM THE
TOXICS RELEASE INVENTORY LIST
OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 372
Withdrawn 03/30/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Agency Contact: Daniel Bushman
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AAOO
3202. TRI; REVISIONS TO THE
OTHERWISE USE ACTIVITY
EXEMPTIONS AND THE COAL
EXTRACTION ACTIVITIES EXEMPTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Withdrawn 03/30/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Agency Contact: Marc Edmonds
Phone: 202-566-0758
Fax: 202 566-0741
Email: edmonds.marc@epamail.epa.gov
Ben Smith
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA06
3203. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Withdrawn 03/30/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Agency Contact: John Dombrowski
Phone: 202-566-0742
Fax: 202-566-0741
Email:
dombrowski.john@epamail.epa.gov
RIN: 2025-AA09
3204. • TRI; RESPONSE TO PETITION
TO MODIFY REPORTING FOR
CHROMINUM, NICKEL, AND COPPER
ALLOYS FOR TOXICS RELEASE
INVENTORY METAL COMPOUND
CATEGORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to
a petition received by EPA to modify
the reporting of alloys that contain
chromium, nickel, and copper which
are toxic chemicals reportable under
section 313 of the Emergency Planning
and Community Right to Know Act
(EPCRA). EPA will respond to the
petition by either granting or denying
the petition. If EPA grants the petition
a notice of proposed rulemaking will
be published in the Federal Register,
if EPA denies the petition a notice of
petition denial will be published. The
modification of the reporting for these
alloys would change the reporting
requirements under the Toxic Chemical
Release Reporting Rule. In response to
this petition EPA prepared and
published for comment a report on the
corrosion of these types of alloys.
Timetable:
Action
Date FR Cite
Report 08/22/01 66 FR 44107
Withdrawn 03/30/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No.
2425.2; Split from RIN 2025-AAOO.
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
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27640
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
wwrw.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@epamail.epa.gov
Ben Smith, Environmental Protection
Agency, Office of Environmental
Information, 2844T, Washington, DC
20460
Phone: 202-566-0816
Fax: 202-566-0741
Email: smith.ben@epamail.epa.gov
RIN: 2025-AA18
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3205. • HAZARDOUS WASTE
GENERATOR PROGRAM
EVALUATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 6912; 42 USC
6921 to 6930; 42 USC 6974
CFR Citation: 40 CFR 261; 40 CFR 262
Legal Deadline: None
Abstract: EPA is in the process of
evaluating comments associated with
the effectiveness and efficiency of
RCRA's hazardous waste generator
regulatory program. These comments
were submitted in response to an
advance notice of proposed rulemaking
(ANPRM) seeking comment on a series
of questions associated with the current
program, as well as on a series of
questions associated with the current
program, as well as identifying areas
for improvement. Once these comments
have been evaluated, EPA will develop
a program strategy, subject to resource
availability, that strives to improve both
the efficiency and effectiveness of the
RCRA hazardous waste generator
regulatory program. As part of this
strategy, future milestones will be
identified.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
04/22/04 69 FR 21801
07/21/05
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4824
Agency Contact: Jim OLeary,
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-AG25
3206. LAND DISPOSAL
RESTRICTIONS: DETERMINATION OF
EQUIVALENT TREATMENT FOR
MACROENCAPSULATION OF
RADIOACTIVE LEAD SOLIDS;
DEFINITION OF
MACROENCAPSULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268.42
Legal Deadline: None
Abstract: EPA anticipates taking action
to grant a national determination of
equivalent treatment petition at the
request of the Department of Energy.
Currently the use of containers is
prohibited for the disposal of
radioactive lead solids. This
necessitates the segregation and
separation of radioactive lead solids
from other debris. Containers of high
density polyethylene (HOPE) can be
constructed that provide a resistant
barrier to degradation by the wastes
and materials into which it may come
into contact after disposal. We believe
these changes in disposal practices will
promote more efficient cleanup of
contaminated sites by removing a
regulatory distinction between
radioactive lead solids and other forms
of hazardous debris, reduce worker
exposures, and promote further
advancement in new technologies for
disposal. The use of containers are
expected to be less costly than
extrusion coatings and, therefore, this
action would be cost neutral to cost
beneficial to the Department of Energy
and other generators of radioactive lead
solids.
Timetable:
Action
Date
FR Cite
Notice of Data 10/00/05
Availability
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4743;
Action is of equivalent regulatory
stringency. States and Tribes will not
be required to adopt rule.
Agency Contact: Juan Parra,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-0478
Fax: 703 308-8433
Email: parra.juan@epa.gov
Hugh Davis, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epamail.epa.gov
RIN: 2050-AF12
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27641
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3207. INCREASE METALS
RECLAMATION FROM F006 WASTE
STREAMS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: Many metal finishers and
other industrial sectors generate an
electroplating sludge as part of their
production process that is amenable to
recycling; i.e., the sludge contains
economically recoverable amounts of
metals such as copper, nickel, zinc, etc.
These sludges (F006) are listed
hazardous wastes subject to RCRA
regulations. Many generators continue
to send these sludges for treatment and
disposal when they could be recycled.
Similarly, generators currently sending
their sludges for recycling receive no
economic benefit for this practice.
Since the mid-1990's, EPA has been
working with industry and the States
to create incentives for safe recycling
and has promulgated rules to foster this
practice. EPA is currently evaluating
several options that would provide
regulatory relief to generators and
handlers of F006. All options would
reduce regulatory costs to generators
and handlers relative to the current
RCRA Subtitle C regulatory program.
Timetable:
Action
Date FR Cite
NPRM 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4651;
Agency Contact: Jim OLeary,
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
James Michael, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
RIN: 2050-AE97
3208. REVISIONS FOR
TRANSBOUNDARY SHIPMENTS OF
HAZARDOUS WASTE FOR
RECOVERY WITHIN THE
ORGANIZATION FOR ECONOMIC
COOPERATION AND DEVELOPMENT
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR 262 subpart H
(Revision); 40 CFR 262.58; 40 CFR
264.12(a)(2); 40 CFR 265.12(a)(2)
Legal Deadline: None
Abstract: The Agency is considering
changing the existing regulation 40 CFR
262 subpart H, which regulates
transboundary movement of hazardous
waste within all countries that are
members of the Organization for
Economic Cooperation and
Development (OECD). This is in
response to the fact that there is now
approximately S30-40 billion in annual
trade among developed countries in
waste recyclables, with the United
States having a positive trade balance.
Because each of the developed
countries (the OECD countries) had a
different system for controlling the
exports and imports of waste, including
recyclables, the international recycling
market was not as efficient as it could
be. A more streamlined, uniform
system for exports and imports will
also increase recycling and lessen
disposal. The United States was
actively involved in the negotiation of
a legally-binding OECD multilateral
agreement to create a more streamlined
system. OECD member countries are
then obligated to transfer the terms of
the multilateral agreement to their
domestic regulations in order for the
multilateral agreement to have legal
authority. This regulation would be
amended to comply with changes
passed by the OECD Council. Existing
waste lists may be restructured to
comply with the new OECD waste lists.
As such, previously existing waste lists
may be renamed according to adopted
OECD terminology. Shipments of small
waste amounts destined for laboratory
analysis may be exempted from filing
certain paperwork requirements that are
otherwise required. A certificate of
recovery may be required upon final
recovery of wastes and timeframes for
recovery operations may be changed to
reflect the decisions made by the OECD
Council. This needs to have a Federal
solution because international exports
and imports are overseen at the Federal
level due to the foreign powers
authority clause. Many alternatives
were considered by government and
industry during the intensive
negotiations on the legally binding
multilateral agreement, with the U.S.
having a great deal of influence over
which alternatives were in the final
agreement. The Agency plans to codify
the streamlining provisions of the
OECD multilateral agreement,
regulating exporters and importers of
waste recyclables. Exporters and
importers of waste recyclables will
need to implement the international
uniform procedures of the OECD
multilateral agreement, however these
costs will be less than would be needed
to deal with different national export
and import systems. In addition, some
common existing export and import
procedures were streamlined so that the
new procedures are even more efficient
than was common in the past. The
benefits are greater administrative
efficiency for U.S. exporters and
importers in the international recycling
market, and a lower level of waste
disposal in the United States since
there is more efficient access to other
recycling markets.
Timetable:
Action
Date FR Cite
NPRM
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
Agency Contact: Sapna Thottathil,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-7267
Fax: 703 308-0514
Email: thottathil.sapna@epa.gov
Frank McAlister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-8196
Fax: 703 308-0514
Email: mcalister.frank@epamail.epa.gov
RIN: 2050-AE93
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EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3209. HAZARDOUS WASTE
MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE (F019 LISTING
AMENDMENT IN WASTEWATER
TREATMENT SLUDGES FROM ZINC
PHOSPHATING PROCESSES IN
AUTOMOTIVE ASSEMBLY PLANTS)
Priority: Other Significant
Legal Authority: 42 USC 3001
CFR Citation: 40 CFR 261.31; 40 CFR
302.4
Legal Deadline: None
Abstract: Automobile manufacturers
are adding aluminum or aluminized
components to automobiles to reduce
the weight of vehicles to increase fuel
economy. When aluminum components
are added to the automobile assembly
process, the current federal regulations
require that the wastewater treatment
sludges generated from this conversion
coating process be managed as a
hazardous waste under the Resource
Conservation and Recovery Act. EPA
intends to reduce burden on the
regulated community by revising the
current RCRA regulations that apply to
the wastewater treatment sludges from
the chemical conversion coating (zinc
phosphating) of aluminum.
Timetable:
Action
Date
FR Cite
NPRM 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4834;
Agency Contact: James Michael,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8610
Fax: 703 308-0514
Email: michael.james@epa.gov
Gail Cooper, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8419
Fax: 703 308-0514
Email: cooper.gailann@epa.gov
RIN: 2050-AG15
3210. RULEMAKING TO STREAMLINE
LABORATORY WASTE MANAGEMENT
IN ACADEMIC AND RESEARCH
LABORATORIES
Priority: Other Significant
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: The College and University
Laboratory rulemaking is focusing on
the ways to make the Resource
Conservation and Recovery Act a better
fit for the laboratory setting and to
improve reuse, recycling, and the
overall management of chemicals in the
laboratory settings. EPA recognizes the
unique aspects of academic laboratories
compared with large manufacturing
processes. For example, academic
laboratories generate small amounts of
many different wastes while large
manufacturing processes tend to
generate large amounts of a few wastes.
Our goal is to improve the program to
better protect human health and the
environment, through standards that
are harmonious with the way academic
laboratories operate. Our aim is to
improve compliance, not by relaxing
the standards, but by improving the fit
through regulatory changes to 40 CFR
262.34.
Timetable:
Action
Date
FR Cite
NPRM
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4920;
No legal deadline.
Agency Contact: Patricia Mercer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8408
Fax: 703 308-0514
Email: mercer.patricia@epamail.epa.gov
Anna Tschursin, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W, 5304W,
Washington, DC 20460
Phone: 703-308-8805
Fax: 703 308-0514
Email: tschursin.anna@epamail.epa.gov
RIN: 2050-AG18
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3211. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912; 42 USC 6924; 42 USC 6925; 42
USC 6927; 42 USC 6974
CFR Citation: 40 CFR 124; 40 CFR 267;
40 CFR 270
Legal Deadline: None
Abstract: EPA has proposed creating a
new type of general permit, called a
standardized permit, for facilities that
generate waste and routinely manage
the waste 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 and operators. The permitting
agency would also be able to impose
additional site-specific terms and
conditions for corrective action or other
purposes, as called for by RCRA.
Ensuring compliance with the
standardized permit's terms and
conditions would occur during
inspection of the facility after the
permit has been issued. The
standardized permit should streamline
the permit process by allowing facilities
to obtain and modify permits more
easily while maintaining the
protectiveness currently existing in the
individual RCRA permit process. EPA
estimates that the potential average
annual cost savings to eligible facilities
from implementation of this rule will
range from approximately S100 to
S5,800 (i.e., 2 to 140 burden hours) per
permit action, depending on such
things as the type of permit and the
type of storage equipment. The
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27643
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
proposal raised issues for public
comment on how all facilities receiving
RCRA permits can satisfy RCRA
corrective action requirements under
appropriate alternative state cleanup
programs and on financial assurance
issues. The Agency is developing a
final rule addressing this topic.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/12/01 66 FR 52192
05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4028;
Sectors Affected: 3251 Basic Chemical
Manufacturing; 332813 Electroplating,
Plating, Polishing, Anodizing and
Coloring; 32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32411 Petroleum
Refineries; 325211 Plastics Material and
Resin Manufacturing; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing
Agency Contact: Jeff Gaines,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8655
Fax: 703 308-8609
Email: gaines.jeff@epamail.epa.gov
RIN: 2050-AE44
3212. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 69l2(a)
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 61 items under four
Comprehensive Procurement
Guidelines (CPG1, CPG2, CPG3 and
CPG4). EPA has also issued a
Recovered Materials Advisory Notice
(RMAN) with each CPG which provides
recommendations on buying the
designated items.The E.O. requires EPA
to update the CPG every two years.
EPA has proposed one new and one
revised item designation in CPG5.
Timetable:
Action
NPRM-CPG1
Final CPG1
NPRMCPG2
Final CPG2
NPRM-CPG3
Final-CPG3-RMAN3
NPRMCPG4
NPRM-CPG5
Final-CPG4-RMAN4
Final CPG 5
Date
04/20/94
05/01/95
11/07/96
11/13/97
08/26/98
01/19/00
08/28/01
12/10/03
04/30/04
11/00/05
59
60
61
62
63
65
66
68
69
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
Cite
18892
21370
57748
60962
45558
3069
45256
68813
24028
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3545,
EDocket No.: www.epa.gov/edocket;
Sectors Affected: 92119 All Other
General Government; 92111 Executive
Offices
URL For More Information:
www.epa.gov/cpg
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, 5306W, Washington, DC 20460
Phone: 703 308-0199
Fax: 703 308-8686
Email: nogas.sue@epa.gov
RIN: 2050-AE23
3213. METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6936; 42 USC 6937; 42 USC
6938; 42 USC 6939; 42 USC 6974; 42
USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 63; 40 CFR 171;
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 Test Methods for
Evaluating Solid Waste,
Physical/Chemical Methods (also
known as SW-846) ensures the
availability of established, validated
methods for the measurements and
monitoring needed for the Resource
Conservation and Recovery Act (RCRA)
program. EPA's process for releasing
analytical methods through the SW-846
methods compendium, which support
the RCRA program, has been through
publishing FR notices and taking public
comment. SW-846 methods are widely
used, but the majority of the methods
are not required by any particular
regulation. Therefore, on October 30,
2002, EPA proposed a streamlined
process for releasing analytical
methodologies to the public, while also
promoting the Performance Base
Measurement Approach in the Methods
Innovation Proposed Rule (MIR). The
comment period was extended until
February 28, 2003. In addition EPA has
been working to break down the
barriers that the environmental
monitoring community faces when
trying to use new monitoring
techniques. As a first step, EPA has
accelerated its review process for new
methods by eliminating several
unnecessary internal review steps.
However, there are currently 32
citations in title 40 of the Code of
Federal Regulations (CFR) where the
use of SW-846 methods is required. As
a second step for speeding up the
approval process, EPA proposed to
remove the requirements to use SW-846
methods for other than method defined
parameters (i.e., where the method
defines the regulations, such as the
Toxicity Characteristic Leaching
Procedure) from 40 CFR. This action
will likely lead to an even more
streamlined approval process since SW-
846 will then be able to be handled
strictly as guidance and not need the
regulatory process for approval. This
additional streamlining will permit
new, more cost-effective methods to
attain public and regulatory authority
acceptance in much less time, allowing
required monitoring to be done more
cheaply, faster and, in some cases,
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EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
more accurately. Since many advances
have occurred in waste sampling
strategies since initial guidance was
published in 1984, along with the
proposal EPA has announced the
availability of a new guidance
document for public comment entitled,
"RCRA Waste Sampling Draft Technical
Guidance." One main advantage to the
guidance is that the document provides
new approaches to waste sampling,
with real life examples which we
expect will lead to improved ability to
characterize waste streams. The Agency
received a number of comments which
are still under review and
consideration. This additional review of
the document will help us improve the
guidance and ensure that it is most
useful in its final form. Therefore, we
are not at this time issuing a final
version of the sampling guidance. Once
we complete our review and evaluation
of the comments, we will revise the
document as appropriate and announce
its availability in the Federal Register.
We believe that when released the
technical guidance will be widely
accepted by the regulated, scientific,
and academic community because they
provide state of the art approaches for
determining hazardous waste and
sampling characteristic techniques.
Timetable:
Action
Date FR Cite
NPRM 10/30/02 67 FR 66252
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3989;
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, 5307W, Washington, DC 20460
Phone: 703 308-0490
Fax: 703 308-0511
Email: kirkland.kim@epa.gov
RIN: 2050-AE41
3214. HAZARDOUS WASTE MANIFEST
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 6922 RCRA
3002; 42 USC 6923 RCRA 3003; 42 USC
6924 RCRA 3004; 42 USC 6926 RCRA
3006; PL 105-277; Government
Paperwork Elimination Act 17
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: The Uniform Hazardous
Waste Manifest (Form 8700-22) is a
multi-copy form used to identify the
quantity, composition, origin, routing,
and destination of hazardous waste
during its transportation. Waste
handlers (e.g., generators and
transporters) are required to use the
manifest, and States may not require
a different manifest in its place.
However, the manifest has State blocks
which allow States, at their option, to
require the entry of additional specific
information to serve their State's
regulatory needs. More than 20 states
print the manifest form in accordance
with the format specified in federal
regulations. However, the variability
among State manifest programs
associated with state optional blocks,
different copy distribution schemes,
and the manifest hierarchical
acquisition scheme drew complaints
from the regulated community.
Variability among States' manifest
programs and the manifest system's
reliance on paper resulted in significant
paperwork and cost burden to waste
handlers and States who choose to
collect manifest information. The
Agency has standardized further the
manifest form elements and specified
one format for the manifests that may
be used in all states. In addition, the
Agency announced standard
requirements for tracking rejected
wastes, container residues, and
international shipments of hazardous
wastes. Finally, the Agency intends to
pursue an optional approach that
would use information technologies to
conduct the manifest process
electronically, thereby reducing
paperwork burden, and improving the
speed and accuracy of preparing,
transmitting, and recordkeeping the
manifest form. However, the Agency
bifurcated the manifest rule so that the
form revisions may be expedited, while
additional analysis on the e-manifest
continues.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
Final Action
05/22/01
03/04/05
05/00/05
66 FR 28240
70 FR 10776
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3147,
EDocket No.: RCRA-2001-0032; Because
of significant issues identified during
the public comment period on the
electronic manifest part of the rule, this
part of the rule has been separated from
the form revisions part of the rule for
purposes of publishing a final action.
The form revisions part of the rule will
be finalized first.
Sectors Affected: 325 Chemical
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 332 Fabricated Metal
Product Manufacturing; 2122 Metal Ore
Mining; 2111 Oil and Gas Extraction;
326 Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
http://wwwr.epa.gov/epaoswer/
hazwaste/gener/manifest/index.htm
Agency Contact: Rich Lashier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8796
Fax: 703 308-0522
Email: lashier.rich@epamail.epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703-308-8750
Fax: 703 308-0522
Email: groce.bryan@epamail.epa.gov
RIN: 2050-AE21
3215. RCRA BURDEN REDUCTION
INITIATIVE
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6944; 42 USC 6949(a);
42 USC 6974; PL 104-13
CFR Citation: 40 CFR 261.38; 40 CFR
264.16; 40 CFR 264.52; 40 CFR 264.56;
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EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
40 CFR 264.73; 40 CFR 264.98 et seq;
40 CFR 265.16; 40 CFR 265.52; 40 CFR
265.56; 40 CFR 265.73; 40 CFR 265.98
et seq; 40 CFR 266.103; 40 CFR 261.4;
40 CFR 268.7; 40 CFR 268.9
Legal Deadline: None
Abstract: EPA plans to reduce the
burden imposed by the RCRA reporting
and recordkeeping requirements to help
meet the Federal Governmentwide goal
established by the Paperwork
Reduction Act (PRA). In June 1999,
EPA published a Notice of Data
Availability (NODA) in the Federal
Register (64 FR 32859) to seek comment
on a number of burden reduction ideas
to eliminate duplicative and
nonessential paperwork. After
reviewing the comments received on
the NODA, EPA proposed (67 FR 2518,
1/17/02) to implement many of these
ideas. EPA issued a notice (68 FR
61662; 10/29/03) seeking further input
on a number of changes we proposed.
EPA plans to finalize this burden
reduction effort.
Timetable:
Action
NODA1
NPRM
NODA 2
Final Action
Date FR Cite
06/18/99 64 FR 32859
01/17/02 67 FR 251 8
10/29/03 68 FR 61 662
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4084;
Applicable SIC codes: Chemicals and
Allied Products (28), Primary Metal
Industries (33), Fabricated Metals (34),
Industrial Machinery and Equipment
(35), Electrical Equipment (36),
Transportation Equipment (37), Other
Manufacturing, Transportation and
Utilities (40-49), Wholesale Trade (50-
51), Services (70-89) and Other SIC
Groups
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 323
Printing and Related Support Activities;
562 Waste Management and
Remediation Services
Agency Contact: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
RIN: 2050-AE50
3216. RECYCLING OF CATHODE RAY
TUBES (CRTS): CHANGES TO
HAZARDOUS WASTE REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action will ultimately
revise the existing Federal hazardous
waste regulations to encourage
recycling and better management of
Cathode Ray Tubes (CRTs) by providing
a conditional exclusion from the
definition of solid waste for CRTs being
recycled. A CRT is the display
component of a television or computer
monitor. A CRT is made largely of
specialized glasses, some of which
contain lead to protect the user from
X-rays inside the CRT. Due to the lead,
when they are disposed of or
reclaimed, some CRTs are hazardous
wastes under the Federal Resource
Conservation and Recovery Act (RCRA)
regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/12/02 67 FR 40508
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4092,
EDocket No.: RCRA-2004-0010 (CRTs)
RCRA-2004-0012 (Mercury devices);
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
RIN: 2050-AE52
3217. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES.
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6922; 42 USC 6924;
42 USC 6926
CFR Citation: 40 CFR
261.3(a)(2)(iv)(A)-(G)(Revision)
Legal Deadline: None
Abstract: This revision to the
wastewater treatment exemptions for
hazardous waste mixtures has been
proposed to address inconsistencies in
the regulations, as well as provide
regulatory relief. Current EPA mixture
rule exemptions have not kept up with
more recent additions to solvent
listings, Clean Air Act regulations,
wastewater treatment technology, and
policies affecting other hazardous
wastes. Therefore, the need exists for
a Federal deregulatory solution to
resolve these inconsistencies. It is
estimated that this rule, if finalized,
will save $11 to 49 million in
compliance costs. EPA proposed to add
two solvents (benzene and 2-
ethoxyethanol) to the hazardous waste
exemptions for mixtures of spent
solvents in wastewater treatment plants
(headworks rule) at 40 CFR
261.3(a)(2)(iv)(A) - (B). EPA did not
take action on two other solvents, 2-
nitropropane and 1,1,2-trichloroethane.
In addition, EPA has proposed (1)
changing the implementation of the
rule from using mass balance only, to
providing the option of using direct
monitoring; (2) revising the types of
facilities and the types of wastes
eligible for the de minimis exemption
under sec 261.3(a)(2)(iv)(D); and
clarifying the applicability of the
exemption to scrubber waters from the
incineration of spent solvents. Facilities
affected by this action include
industrial facilities with on-site
wastewater treatment plants,
commercial wastewater treatment
facilities, and certain Federal facilities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/08/03 68 FR 17234
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
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EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Additional Information: SAN No. 4501;
This rule has been nominated for
reform in OMB's Report to Congress on
the Costs and Benefits of Regulation,
Appendix A. OMB has given it a high
priority level.
Sectors Affected: 31-33 Manufacturing;
562 Waste Management and
Remediation Services
URL For Public Comments:
wwwr.epa.gov/edocket
Agency Contact: Lisa Lauer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-7418
Fax: 703 308-0522
Email: lauer.lisa@epamail.epa.gov
RIN: 2050-AE84
3218. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
(PHASE I FINAL REPLACEMENT
STANDARDS AND PHASE II)
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
3004; 42 USC 6925 RCRA 3005; 42 USC
7412 CAA 112; 42 USC 7414 CAA 114
CFR Citation: 40 CFR 63; 40 CFR 264;
40 CFR 265; 40 CFR 266; 40 CFR 270
Legal Deadline: NPRM, Judicial, March
31, 2004, Consent decree for Phase 2
portion of rule.
Final, Judicial, June 14, 2005, Consent
decree.
Abstract: On September 30, 1999, EPA
promulgated standards to control
emissions of hazardous air pollutants
from incinerators, cement kilns, and
lightweight aggregate kilns that burn
hazardous waste (referred to as the
Phase I Rule). A number of parties,
representing interests of both industry
and the environmental community,
sought judicial review of the rule. The
Court ruled against EPA and vacated
the Phase I rule. On October 19, 2001,
EPA, together with all petitioners, filed
a joint motion asking the Court to stay
the issuance of its mandate to allow
them time to develop interim
standards. These stop-gap interim
standards were promulgated on
February 13 and 14, 2002. They replace
the vacated standards temporarily, until
revised replacement standards are
promulgated by June 14, 2005. EPA
will ultimately finalize the Phase I
replacement standards. Also, EPA is
developing emission standards for
hazardous waste burning industrial,
institutional, commercial boilers,
process heaters, and hydrochloric acid
production furnaces. These sources are
referred to as Phase II Sources because
the standards were originally scheduled
to be promulgated after Phase I source
standards were finalized; however, a
separate consent decree now requires
us to finish developing emission
standards for the Phase II sources by
the same date as those for Phase I (June
14, 2005). EPA has developed options
for calculating the emission standards
that are considered to be consistent
with both the statutory requirements
and the opinion of the Court. EPA has
proposed emission standards and
compliance provisions for both the
Phase I and Phase II sources.
Timetable:
Action
NPRM-CK
Final-Fasttrack
Final-CK
NODA
DF1
NPRM-Phase1
Parallel Proposal
Direct Final Action
Final Compliance
Exten.
Interim Final Action
Final HAP
NPRM-Phases1&2
Final Action
Date FR Cite
04/19/96 61 FR 17358
06/1 9/98 63 FR 33782
09/30/99 64 FR 52828
07/27/00 65 FR 39581
07/03/01 66 FR 35087
07/03/01 66 FR 351 26
07/03/01 66 FR 351 24
10/15/01 66 FR 52361
12/06/01 66 FR 6331 3
02/13/02 67 FR 6792
02/1 4/02 67 FR 6968
04/20/04 69 FR 21 197
06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3333,
EDocket No.: OAR-2004-0022; For
information on the Phase I portion of
this effort, see SAN 4418, RIN 2050-
AE79.
Sectors Affected: 3335 -; 3343 Audio
and Video Equipment Manufacturing;
3251 Basic Chemical Manufacturing;
3273 Cement and Concrete Product
Manufacturing; 3271 Clay Product and
Refractory Manufacturing; 3328
Coating, Engraving, Heat Treating and
Allied Activities; 3342 Communications
Equipment Manufacturing; 3341
Computer and Peripheral Equipment
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 45431 Fuel Dealers; 3332
Industrial Machinery Manufacturing;
3274 Lime, Gypsum and Gypsum
Product Manufacturing; 3327 Machine
Shops, Turned Product, and Screw, Nut
and Bolt Manufacturing; 3362 Motor
Vehicle Body and Trailer
Manufacturing; 3361 Motor Vehicle
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 2123 Non-Metallic
Mineral Mining and Quarrying; 3259
Other Chemical Product Manufacturing;
3329 Other Fabricated Metal Product
Manufacturing; 3339 Other General
Purpose Machinery Manufacturing;
3279 Other Nonmetallic Mineral
Product Manufacturing; 3255 Paint,
Coating, Adhesive, and Sealant
Manufacturing; 3253 Pesticide,
Fertilizer and Other Agricultural
Chemical Manufacturing; 3241
Petroleum and Coal Products
Manufacturing; 4227 Petroleum and
Petroleum Products Wholesalers; 3254
Pharmaceutical and Medicine
Manufacturing; 3231 Printing and
Related Support Activities; 5629
Remediation and Other Waste
Management Services; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing; 3344 Semiconductor
and Other Electronic Component
Manufacturing; 22132 Sewage
Treatment Facilities; 5622 Waste
Treatment and Disposal
URL For More Information:
www.epa.gov/hwrcmact/
Agency Contact: Michael Galbraith,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 605-0567
Fax: 703 308-8433
Email:
galbraith.michael@epamail.epa.gov
Frank Behan, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AE01
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Final Rule Stage
3219. HAZARDOUS WASTE
MANAGEMENT SYSTEM;
MODIFICATION OF THE HAZARDOUS
WASTE PROGRAM:
MERCURY-CONTAINING EQUIPMENT
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: 40 CFR 261; 40 CFR 273
Legal Deadline: None
Abstract: Mercury-containing
equipment (MCE) consists of devices,
items, or articles that contain varying
amounts of elemental mercury that is
integral to their functions, including
several types of instruments that are
used throughout the electric utility
industry and other industries,
municipalities, and households. Some
commonly recognized devises are
thermostats, barometers, manometers,
and mercury switches, such as light
switches in automobiles. This
definition does not include mercury
waste that is generated as a by-product
through the process of manufacturing
or treatment. This action will add
mercury-containing equipment to the
federal list of universal wastes
regulated under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Handlers
of universal wastes are subject to less
stringent standards for storing,
transporting, and collecting these
wastes. EPA believes that regulating
spent mercury-containing equipment as
a universal waste will lead to better
management of this equipment and will
facilitate compliance with hazardous
waste requirements.
Timetable:
Action
Date FR Cite
Final Action 08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No.
4092.1, EDocket No.: RCRA-2004-0010
(CRTs) RCRA-2004-0012 (Mercury
devices); Split from RIN 2050-AE52.
Agency Contact: Katherine Blanton,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 605-0761
Fax: 703 308-0514
Email:
blanton.katherine@epamail.epa.gov
RIN: 2050-AG21
3220. PROJECT XL —
ORTHO-MCNEIL PILOT PROJECT
ALLOWING ON-SITE TREATMENT OF
LOW-LEVEL MIXED WASTES
WITHOUT RCRA PERMIT
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This site-specific rulemaking
would allow Ortho-McNeil
Pharmaceutical (OMP) to treat small
volumes of low-level mixed wastes on-
site using a bench-scale catalytic
oxidizing treatment unit as an
alternative to long-term storage and off-
site transportation and land disposal at
a Nuclear Regulatory Commission
(NRC)-licensed, Resource Conservation
and Recovery Act permitted Treatment,
Storage and Disposal Facility. This
treatment effectively destroys the
organic component of the wastestream,
yielding a residual that is only a low-
level radioactive waste and can be
disposed at an NRC-licensed low-level
radioactive waste disposal facility.
OMP is also working with various
companies to develop and test recovery
technologies that could be used in lieu
of disposal.
Timetable:
Action
Date FR Cite
NPRM 07/24/01 66 FR 38395
Final Action 05/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4439;
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202-566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
Gerald Filbin, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202-566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA14
3221. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE IBM
SEMICONDUCTOR MANUFACTURING
FACILITY IN HOPEWELL JUNCTION,
NEW YORK
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)
Legal Deadline: None
Abstract: This rulemaking provides a
site-specific exclusion from the
regulatory definition of solid waste for
certain wastewater treatment sludges
(otherwise designated as Hazardous
Waste No. F006) when they are used
as ingredients in the production of
cement. Without this exclusion, the
sludges being legitimately recycled as
substitutes for raw materials would
remain subject to hazardous waste
regulatory requirements, including the
need for a storage permit by the cement
manufacturer, which is a major
disincentive to recycling the sludges in
this manner. This XL project tests the
presumption that these sludges can be
safely recycled without regulatory
oversight.
Timetable:
Action
Date FR Cite
NPRM 06/06/01 66 FR 30349
Supplemental NPRM 04/14/03 68 FR 18042
Final Action 07/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4565;
Agency Contact: Sandra Panetta,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202-566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
Andrew Baca, Environmental
Protection Agency, Office of the
Administrator, 5301W, Washington, DC
20460
Phone: 703-308-6787
Fax: 703 308-0513
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EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Email: baca.andrew@epamail.epa.gov
RIN: 2090-AA29
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3222. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 6912(a) RCRA
2002(a); 42 USC 6921 (a) RCRA 3001(a)
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that some additional control of CKD
was needed and published a regulatory
determination (60 FR 7366, 2/7/95). On
August 20, 1999, EPA issued a
proposed rule (64 FR 45632) outlining
the Agency's preferred regulatory
approach (i.e., an exemption from
hazardous waste listing for properly
managed CKD) and several optional
approaches including requirements
solely under RCRA Subtitle D. On July
25, 2002, the Agency published a
notice (67 FR 48648) to announce the
availability for public inspection and
comment of recently acquired data on
CKD. The Agency is now considering
an approach whereby it would finalize
the proposed option of issuing the
protective CKD management standards
as described in the August 20, 1999
proposal as a RCRA Subtitle D rule.
The Agency would temporarily
suspend its active consideration of the
proposed listing of mismanaged CKD as
a hazardous waste, and assess how
CKD management practices and state
regulatory programs evolve over the
next three to five years. Based on this
assessment, EPA will then proceed to
either formally withdraw or promulgate
the portion of the 1999 proposal that
classifies as a RCRA hazardous waste
CKD that has been egregiously
mismanaged. EPA will be promoting
pollution prevention, recycling, and
safer disposal of CKD by considering
finalization of protective management
standards for this waste. The Agency
believes that these management
standards are a creative, affordable, and
common sense approach that can
protect human health and the
environment without imposing
unnecessary regulatory burdens on the
cement industry. These standards
provide a new, tailored framework that
safeguards ground water and limits risk
from releases of dust to air.
Timetable:
Action
Date
FR Cite
02/07/95 60 FR 7366
08/20/99 64 FR 45632
10/28/99 64 FR 58022
07/25/02 67 FR 48648
11/08/02 67 FR 68130
Regulatory
Determination
NPRM
Notice- Extend
Comment Period
NoDA1
Notice-Extend
Comment Period
Final Action 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3856;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Steve Souders,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epa.gov
Jana Englander, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8711
Fax: 703 308-8686
Email: englander.jana@epa.gov
RIN: 2050-AE34
3223. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944(a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
steam electric power generators, i.e.,
electric utilities and independent
power producers. This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), which
concluded that waste management
regulations under RCRA are appropriate
for certain coal combustion wastes. The
utility industry has made significant
improvement in its waste management
practices over recent years, and most
state regulatory programs are similarly
improving. However, public comment
and other analyses have convinced the
Agency that coal combustion wastes
could pose significant risks to human
health and the environment if they are
not properly managed. There is
sufficient evidence that adequate
controls may not be in place. For
example, 62 percent of existing utility
impoundments do not have
groundwater monitoring; thus, their
impact on ground and surface waters
cannot be evaluated in light of
numerous damage cases identified by
the Agency that involve management of
these wastes. The intended benefits of
this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency is currently analyzing the
human health and eco risks, costs, and
economic impact of this action as it
develops the proposed regulation. The
Agency has considered alternatives to
this action, including regulating these
wastes as hazardous wastes under
subtitle C of RCRA, but has rejected
this approach as discussed in the
regulatory determination (see 65 FR
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
32214, May 22, 2000). EPA has also
considered issuing guidance instead of
regulations to industry and state and
local governments to focus on these
remaining waste management issues
but concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go undressed.
The Agency also believes the timeframe
for improvement of current practices is
likely to be longer in the absence of
federal regulation.
Timetable:
Action
Date FR Cite
NPRM
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4470;
This rule may also impact Federal,
State, local or tribal governments that
own coal-burning commercial electric
power generating facilities.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 308-8686
Email:
livnat.alexander@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epa.gov
RIN: 2050-AE81
3224. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES -
NON-POWER PRODUCERS AND
MINEFILLING
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of non-hazardous waste
regulations under subtitle D of the
RCRA statute. The regulations will
apply to landfill and surface
impoundment facilities that manage
coal combustion wastes generated by
non-utility combustors. Non-utility
combustors are commercial, industrial,
and institutional facilities that burn
coal in boilers to generate steam. The
regulations will also apply to mine
facilities where any coal combustion
wastes are managed, (i.e., backfilled
into mined areas). This action results
from EPA's regulatory determination for
fossil fuel combustion wastes (see 65
FR 32214, May 22, 2000), in which the
Agency concluded that coal combustion
wastes could pose significant risks to
human health and the environment if
they are not properly managed. As
described in the regulatory
determination, there is sufficient
evidence that adequate controls may
not be in place. The intended benefits
of this action will be to prevent
contamination or damage to ground
waters and surface waters, thereby
avoiding risk to human health and the
environment, including ecological risks.
The Agency has completed information
collection efforts and is currently
analyzing this information. The Agency
will also analyze the human health and
eco risks, costs, and economic impact
of this action as it develops the
proposed regulations. The Agency has
considered alternatives to this action,
including regulating these wastes as
hazardous wastes under subtitle C of
RCRA, but has rejected this approach
as discussed in the regulatory
determination (see 65 FR 32214, May
22, 2000). EPA has also considered
issuing guidance to industry and state
and local governments to focus on the
waste management issues but
concluded that there will probably
continue to be some gaps in practices
and controls and is concerned at the
possibility that these will go
unaddressed. The Agency is
considering alternatives to regulation of
mine placement under RCRA per this
action, including consulting with the
U.S. Department of the Interior on
appropriate measures under the Surface
Mining Control and Reclamation Act
(SMCRA) or some combination of both
SMCRA and RCRA. The schedule has
been deferred by 18 months pending
results of a National Academy of
Sciences study of the health and
environmental risks associated with
placement of power plant coal
combustion byproducts in coal mines.
Timetable:
Action
Date
FR Cite
NPRM
10/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4469;
This rule may also impact federal, state,
local or tribal governments that
own/operate coal-burning facilities
(excluding facilities that primarily
generate electric power for sale) or coal
mines that accept coal combustion
wastes.
Sectors Affected: 325 Chemical
Manufacturing; 2121 Coal Mining;
22112 Electric Power Transmission,
Control and Distribution; 311 Food
Manufacturing; 337 Furniture and
Related Product Manufacturing; 62
Health Care and Social Assistance; 322
Paper Manufacturing; 331 Primary
Metal Manufacturing; 313 Textile Mills;
336 Transportation Equipment
Manufacturing
URL For More Information:
http://wwwr.epa.gov/epaoswer/other/
fossil/index.htm
Agency Contact: Bonnie Robinson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703-308-8429
Fax: 703 308-8686
Email:
robinson.bonnie@epamail.epa.gov
RIN: 2050-AE83
3225. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
amending the Federal criteria for
municipal solid waste landfills
(MSWLF) to allow leachate
recirculation over alternative liner
systems which meet the performance
standard specified by the MSWLF
criteria. The performance determination
would be made by the state director
of an approved MSWLF program. EPA
also plans to propose a new section to
the MSWLF criteria that will allow the
alternative of clean closure of landfills
rather than require the installation of
a landfill cap. This would allow the
solid waste in the MSWLF to be totally
removed from the site and be properly
disposed of at another site. Finally,
EPA plans to propose an additional
factor for determining the frequency of
ground water monitoring for the
detection monitoring program specified
in this subpart. The additional factor
for consideration concerns liner
performance where there is some direct
system for determining liner
performance. However, the minimum
monitoring frequency would still be no
less than once a year as stated in the
existing regulation. The Federal role is
to establish minimum protective
criteria. This proposal would allow
additional flexibility for facility
managers of municipal landfills to
achieve compliance with the criteria.
By providing additional flexibility this
proposal will reduce potential costs
while providing alternative means of
environmental protection.
Timetable:
Action
Date FR Cite
NODA
NPRM
04/06/00 65 FR 18014
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4230;
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Craig Dufficy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-9037
Fax: 703 308-8686
Email: dufficy.craig@epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703-308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE67
3226. REGULATION OF HAZARDOUS
OIL-BEARING SECONDARY
MATERIALS FROM PETROLEUM
REFINING INDUSTRY AND OTHER
HAZARDOUS SECONDARY
MATERIALS PROCESSED IN A
GASIFICATION SYSTEM TO PRODUCE
SYNTHESIS GAS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; 42 USC 6974
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) is considering
finalizing revisions to the RCRA
hazardous regulations to exclude oil-
bearing secondary materials, generated
by the petroleum refining industry and
others, from the definition of solid
waste if the materials are destined to
be processed in a gasification device
manufacturing synthesis gas fuel. We
are considering this exclusion in order
to clarify and simplify RCRA
jurisdiction, and to be consistent with
other comparable existing exclusions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/25/02 67 FR 13684
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4411;
This is an extension of a previous
notice that contained the following RIN
2050-AD88.
Agency Contact: Michael Wheeler,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-0126
Fax: 703 308-8433
Email: wheeler.michaelm@epa.gov
RIN: 2050-AE78
3227. RCRA BURDEN REDUCTION
INITIATIVE, PHASE 2
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 260.31; 40 CFR
261.4; 40 CFR 261.38; 40 CFR 264.16;
40 CFR 264.52; 40 CFR 264.56; 40 CFR
264.73; 40 CFR 264.98 et seq; 40 CFR
265.16; 40 CFR 265.52; 40 CFR 265.56;
40 CFR 265.73; 40 CFR 265.98 et seq;
40 CFR 266.103; 40 CFR 268.7; 40 CFR
268.9; 40 CFR 270.16; 40 CFR 270.17
Legal Deadline: None
Abstract: As part of its response to the
Paperwork Reduction Act, EPA formed
the RCRA Burden Reduction Initiative.
The Agency is reviewing additional
Burden Reduction opportunities, some
of which were proposed but not
included in the Burden Reduction
Initiative final rule. Additionally, EPA
will look for opportunities for burden
reduction within the Biennial Report.
Moving from a paper system to an
electronic system focused on
information gathered and generated by
Treatment, Storage, and Disposal
Facilities may provide for significant
Burden Reduction savings.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4735;
Agency Contact: Peggy Vyas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-5477
Fax: 703 308-8433
Email: vyas.peggy@epa.gov
RIN: 2050-AF01
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3228. E-CYCLING PILOT PROJECT
FOR REGION 3 STATES (ECOS);
STREAMLINING RCRA REGULATIONS
TO ENCOURAGE REUSE,
RECYCLING, AND RECOVERY OF
ELECTRONIC EQUIPMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261.4(a)(24); 40
CFR 261.40
Legal Deadline: None
Abstract: This project is the result of
an Environmental Council of States
(ECOS) partnership agreement that EPA
Region 3 entered into with the six state
environmental agencies. As part of the
partnership agreement, the Region
agreed to prepare a regional rule and
to expedite its promulgation by using
the direct final rulemaking process. By
using this innovative approach to have
a regional e-Cycling Pilot Project, EPA
Region 3 and the Mid-Atlantic States
(DE, DC, MD, PA, VA, WV) will be able
to provide additional information about
EPA's national proposed cathode ray
tube (CRTs) exclusion from the
definition of solid waste (e.g., CRTs are
the video display components of
televisions and computer monitors).
The Regional e-Cycling Pilot Project
could serve as a model for electronic
recycling nationwide and the states
believe that the recycling program will
function effectively as a result of this
regulatory flexibility.
Timetable:
Action
Date
FR Cite
NPRM 12/26/02 67 FR 78761
Direct Final Rule 12/26/02 67 FR 78718
Withdrawal of Direct 02/24/03 68 FR 8553
Final Rule
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4701;
Agency Contact: Marie Holman,
Environmental Protection Agency,
Regional Office Philadelphia, 3EIOO,
Philadelphia, PA 19103
Phone: 215-814-5463
Fax: 215 814-2782
Email: holman.marie@epamail.epa.gov
Sandra Panetta, Environmental
Protection Agency, Regional Office
Philadelphia, 1807T, Philadelphia, PA
19103
Phone: 202-566-2184
Fax: 202 566-2218
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AAOO
3229. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 RCRA
3001
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/12/93 58 FR 8504
12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3189;
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703-603-7166
Fax: 703 603-0175
Email: ng.sammy@epamail.epa.gov
RIN: 2050-AD69
3230. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH
SOLVENT-CONTAMINATED
INDUSTRIAL WIPES
Priority: Other Significant
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA proposed to modify the
RCRA regulations for management of
solvent-contaminated industrial wipes
in response to stakeholder concerns
that industrial wipes are over-regulated
because they pose little threat to human
health and the environment. Industrial
wipes are used with solvents across
industry in various ways; EPA
estimates that there are approximately
471,000 users of industrial wipes in 13
economic sub-sectors, but many users
use small numbers of wipes with small
amounts of solvents on them. If
finalized, this regulation would provide
regulatory relief for two types of
solvent-contaminated industrial wipes:
(1) disposable wipes, which are
disposed of in a landfill or by
combustion after use, and (2) reusable
wipes, which are laundered after use
to remove the solvent and then are
used again. EPA proposed to
conditionally exclude disposable
industrial wipes from the definition of
hazardous waste and to conditionally
exclude reusable industrial wipes from
the definition of solid waste. The
regulation, if finalized, is estimated to
result in $34 million of savings
throughout the economy and has been
developed with conditions to ensure
that management of these solvents
remains protective of human health and
the environment.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/20/03 68 FR 65586
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4091,
EDocket No.: RCRA-2003-0004;
Sectors Affected: 325 Chemical
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Related Product Manufacturing; 333
Machinery Manufacturing; 441 Motor
Vehicle and Parts Dealers; 812 Personal
and Laundry Services; 323 Printing and
Related Support Activities; 811 Repair
and Maintenance; 336 Transportation
Equipment Manufacturing
Agency Contact: Teena Wooten,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8751
Fax: 703 308-0514
Email: wooten.teena@epa.gov
RIN: 2050-AE51
3231. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Priority: Other Significant
Legal Authority: 42 USC 6903, RCRA
sec 1004
CFR Citation: 40 CFR 261.2
Legal Deadline: None
Abstract: Under RCRA, to be a
hazardous waste, a material must also
be a solid waste. EPA's framework for
determining whether a material is a
solid waste is based on what the
material is, and how it's managed (e.g.,
how it is used, reused, etc.). For
materials being recycled, RCRA
jurisdiction is complex and the history
of legal decisions related to the
definition of solid waste is extensive.
Primarily, in response to American
Mining Congress v. EPA, 824 F. 2d
1177 (D.C. Cir. 1987) (AMC I) and one
of the most recent decisions, the
Association of Battery Recyclers, v.
EPA 208 F.3d 1047 (2000) (ABR), EPA
has proposed to revise the definition
of solid waste. We specifically address
materials undergoing reclamation. In
the context of reclamation, we discuss
options for how to identify materials
that remain in use in a continuous
process in the generating industry and
thus are not solid wastes. In addition,
we proposed criteria for determining
whether or not hazardous secondary
materials are recycled legitimately.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/28/03 68 FR 61558
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 4670;
Nominated for reform in OMB's Report
to Congress on the Costs and Benefits
of Regulations, Appendix A to revise
the definition of solid waste rule to
grant an exemption from RCRA for
materials destined for recycling or
reuse. OMB has given it a medium
priority level.
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0514
Email: goode.marilyn@epamail.epa.gov
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epamail.epa.gov
RIN: 2050-AE98
3232. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 6912(a); 42
USC 6924; 42 USC 6925; 42 USC 6926
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: EPA's regulations require
companies to provide financial
assurance for environmental
obligations, and allow companies that
meet certain requirements to self insure
their environmental obligations for
closure, post-closure care and third
party liability. EPA proposed a revised
financial test because the revised test
would be better at predicting which
firms will enter bankruptcy and not be
able to cover their financial assurance
obligations at hazardous waste
treatment, storage and disposal
facilities. If such a firm were to enter
bankruptcy, the government could
incur the clean up liability. EPA's
regulations set the minimum national
standards for State hazardous waste
programs, and so a change in Federal
requirements would be necessary to
ensure consistent improvements in the
test. Without rulemaking, States would
have the option of not adopting these
changes, and so the improvement in the
test would not be implemented in
states that cannot have regulations that
are more stringent than Federal
standards. The proposal considered
several alternative financial tests, and
the analysis supporting the original
proposal found that the savings from
the proposed alternative would be S19
million in public and private costs. If
EPA promulgates a revised financial
test, it may affect companies that treat,
store or dispose of hazardous waste.
EPA has suspended work on this
rulemaking because it has asked the
Environmental Financial Advisory
Board (a federal advisory commitee) to
evaluate the financial test proposed in
1991 as one means of complying with
the requirements for financial assurance
for closure and post-closure under
RCRA subtitle C. Specifically, EPA has
asked the Board, "Should EPA adopt
the financial test proposed in 1991 for
hazardous waste, or have advancements
in financial analysis provided better
potential tests in the meantime?" The
Agency will evaluate the report of the
Board before deciding how to proceed
with the 1991 proposed rulemaking.
Timetable:
Action
Date FR Cite
NPRM Original
NPRM
Final
07/01/91 56 FR 30201
10/12/94 59 FR 51523
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2647;
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
33299 All Other Fabricated Metal
Product Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 331311
Alumina Refining; 4411 Automobile
Dealers; 323110 Commercial
Lithographic Printing; 334 Computer
and Electronic Product Manufacturing;
22111 Electric Power Generation;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring;
325193 Ethyl Alcohol Manufacturing;
221112 Fossil Fuel Electric Power
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Generation; 45431 Fuel Dealers; 4471
Gasoline Stations; 811111 General
Automotive Repair; 32512 Industrial
Gas Manufacturing; 325131 Inorganic
Dye and Pigment Manufacturing; 33271
Machine Shops; 56292 Materials
Recovery Facilities; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 32551 Paint
and Coating Manufacturing; 32511
Petrochemical Manufacturing; 42271
Petroleum Bulk Stations and Terminals;
32411 Petroleum Refineries; 325211
Plastics Material and Resin
Manufacturing; 323114 Quick Printing;
22132 Sewage Treatment Facilities;
48422 Specialized Freight (except Used
Goods) Trucking, Local; 311942 Spice
and Extract Manufacturing; 336
Transportation Equipment
Manufacturing; 56211 Waste Collection;
56221 Waste Treatment and Disposal
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
3233. REVISIONS OF THE LEAD-ACID
BATTERY EXPORT NOTIFICATION
AND CONSENT REQUIREMENTS
Priority: Other Significant
Legal Authority: 42 USC 6901 et seq
CFR Citation: 40 CFR subpart G 266.80
(a)
Legal Deadline: None
Abstract: Currently, generators,
transporters and facilities that reclaim
but do not store spent lead-acid
batteries are exempt from hazardous
waste management requirements, as
specified in 40 CFR part 266 subpart
G. Spent lead-acid batteries destined for
export/reclamation are not, therefore,
subject to RCRA manifesting or export
notification and consent requirements
specified in 40 CFR part 262. Allowing
the export of spent lead-acid batteries
without prior notice and consent of the
receiving country is not consistent with
widely accepted international practices.
Similarly, the exemption contrasts with
more recent Universal Waste
requirements in 40 CFR part 262,
which require export notice and
consent for comparable waste streams.
The purpose of this regulation is to
modify the spent lead-acid battery
exemption to require appropriate notice
and consent for those batteries intended
for export.
Timetable:
Action
Date
FR Cite
NPRM 06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4778;
Agency Contact: John Wilkins,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 306-0023
Fax: 703 308-0514
Email: wilkins.john@epa.gov
Frank Mcalister, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703-308-8196
Fax: 703 308-0514
Email: mcalister.frank@epa.gov
RIN: 2050-AF06
3234. HAZARDOUS WASTE MANIFEST
REVISIONS—STANDARDS AND
PROCEDURES FOR ELECTRONIC
MANIFESTS
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 6922; 42 USC
6923; 42 USC 6924; 42 USC 6926; PL
105-277
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: This action is aimed at
continuing the development of
regulatory standards and procedures
that will govern the initiation, signing,
transmittal, and retention of hazardous
waste manifests using electronic
documents and systems. EPA proposed
electronic manifest standards in May
2001, as part of a more general manifest
revision action that also addressed
standardizing the paper manifest form's
data elements and procedures for its
use across all states. The Manifest Form
Revisions was decoupled from action
on the electronic manifest, and the
Final Form Revisions Rule was
published on March 4, 2005. The May
2001 proposed rule included: (1)
electronic file formats for the manifest
data elements; (2) electronic signature
options; and (3) computer security
controls aimed at ensuring data
integrity and reliable systems.
Subsequently in May 2004, a
stakeholder meeting collected additonal
stakeholder views on the future
direction of the electronic manifest.
Based on the record developed for the
proposed standards and the additional
views from stakeholders at the May
2004 meeting, EPA is considering final
action on the proposed standards.
Timetable:
Action
Date FR Cite
NPRM
Notice of Public
Meeting
Final Action
05/22/01 66 FR 28240
04/01/04 69 FR 17145
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
3147.1; Split from RIN 2050-AE21.
Agency Contact: Rich Lashier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8796
Fax: 703 308-0522
Email: lashier.rich@epamail.epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703-308-8750
Fax: 703 308-0522
Email: groce.bryan@epamail.epa.gov
RIN: 2050-AG20
3235. • EXPANDING THE
COMPARABLE FUELS EXCLUSION
UNDER RCRA
Priority: Other Significant
Legal Authority: RCRA 4004
CFR Citation: 40 CFR 261.38
Legal Deadline: None
Abstract: EPA currently excludes
specific industrial wastes, also known
as comparable fuels, from the Resource
Conservation and Recovery Act (RCRA)
when they are used for energy
production and do not contain
hazardous constituent levels that
exceed those found in a typical
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
benchmark fuel that facilities would
otherwise use. Using such wastes as
fuel saves energy by reducing the
amount of hazardous waste that would
otherwise be treated and disposed,
promotes energy production from a
domestic, renewable source, and
reduces use of fossil fuels. With an
interest in supplementing the Nation's
energy supplies, EPA, as part of the
Resource Conservation Challenge, is
examining the effectiveness of the
current comparable fuel program and
considering whether other industrial
wastes could be safely used as fuel as
well.
Timetable:
Action
Date
FR Cite
NPRM
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4977;
Agency Contact: Scott Rauenzahn,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington DC, DC 20460
Phone: 703 308-8477
Fax: 703 308-8433
Email: rauenzahn.scott@epa.gov
Hugh Davis, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 306-0206
Fax: 703 308-8433
Email: davis.hugh@epamail.epa.gov
RIN: 2050-AG24
3236. RCRA INCENTIVES FOR
PERFORMANCE TRACK MEMBERS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 262; 40 CFR 264;
40 CFR 265; 40 CFR 268; 40 CFR 279
Legal Deadline: None
Abstract: The Performance Track
program provides recognition and
incentives for facilities that
demonstrate to the Agency that they are
top environmental performers.
Performance Track is a voluntary,
facility based program that reviews
applicants twice a year for conformance
to four core criteria. These criteria are:
a commitment to continuous
improvement, a well-functioning
Environmental Management system in
place for at least one year, a solid
record of compliance, and a
commitment to community outreach
and annual public reporting. Currently
there are about 300 members in
Performance Track. In this action, EPA
plans to propose a streamlined process
for permit modifications, performance
based standards for tanks, new
capabilities for standardized permits,
and reduced duplication between
RCRA and CAA standards. These
incentives will be available only to
facilities that are members of the
Performance Track program. Should a
facility choose to leave the program,
any regulatory benefits they receive
will no longer be available.
Performance Track facilities commit to
environmental improvements that reach
beyond regulatory compliance, and as
such benefits are quantifiable via each
member facilities' annual report, and in
aggregate through EPA's progress
reports on the program. In EPA's first
Performance Track progress report,
member facilities collectively reduced:
Energy use by 3.1 million MMBTUs;
Water use by 775 million gallons;
Hazardous materials use by 17,996
tons; Solid waste by 176,126 tons;
Hazardous waste by 6,558 tons;
Emissions of greenhouse gases by
40,193 tons; Emissions of nitrogen
oxides (NOx) by 2,152 tons; Emissions
of sulfur dioxide (SO2) by 13,621 tons;
and toxic discharges to water by 6,834
tons. Members also increased their use
of reused and recycled materials by
13,760 tons and preserved or restored
4,485 acres of habitat.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4828;
Agency Contact: Robert Sachs,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
Phone: 202-566-2884
TDD Phone: 202 566-2884
Fax: 202-566-0966
Email: sachs.robert@epamail.epa.gov
David Guest, Environmental Protection
Agency, Office of the Administrator,
1807T, Washington, DC 20460
Phone: 202-566-2872
TDD Phone: 202 566-2872
Fax: 202 566-2985
Email: guest.david@epamail.epa.gov
RIN: 2090-AA34
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3237. LOADING-BASED LISTING OF
NON-WASTEWATERS FROM THE
PRODUCTION OF SELECTED
ORGANIC DYES, PIGMENTS, AND
FOOD, DRUG, AND COSMETIC
COLORANTS
Priority: Other Significant
CFR Citation: 40 CFR 148; 40 CFR 261;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Completed:
Reason
Date
FR Cite
Final Action
02/24/05 70 FR 9138
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Robert Kayser
Phone: 703-308-7304
Fax: 703 308-0514
Email: kayser.robert@epamail.epa.gov
Chichang Chen
Phone: 703-308-0441
Fax: 703 308-0514
Email: chen.chichang@epamail.epa.gov
RIN: 2050-AD80
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EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
3238. REGULATORY INCENTIVES FOR Completed:
THE NATIONAL ENVIRONMENTAL
PERFORMANCE TRACK PROGRAM
Priority: Info./Admin./Other
CFR Citation: 40 CFR 262.34
Reason
Date
FR Cite
NPRM 10/25/04 69 FR 62237
Direct Final Rule 10/25/04 69 FR 62217
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Bob Sachs
Phone: 202 566-2884
Fax: 202 566-0966
Email: sachs.robert@epa.gov
RIN: 2090-AA36
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Proposed Rule Stage
3239. • REGULATORY ACTIONS
ASSOCIATED WITH THE NOTICES OF
DATA AVAILABILITY ON THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURES (SPCC) RULE
Priority: Other Significant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: On September 20, 2004, the
Environmental Protection Agency (EPA)
issued two Notices of Data Availability
(NODAs) concerning certain facilities
and oil-filled and process equipment.
EPA is reviewing the information
received from the NODAs. EPA is
considering additional measures to ease
the compliance burden of smaller
facilities and for oil-filled equipment.
In this action EPA intends to propose
defining those facilities and oil-filled
equipment for which EPA plans to
propose streamlined SPCC Plan
requirements, and extend or otherwise
address the February 2006 compliance
deadline for SPCC Plan revisions for
this affected universe. EPA also intends
to propose additional regulatory
modifications to address other
compliance issues associated with the
existing SPCC requirements.
Timetable:
Action
Date
FR Cite
NODA1
NODA2
NPRM
Final Rule
NPRM
Final Action
09/20/04 69 FR 561 84
09/20/04 69 FR 561 82
08/00/05
02/00/06
06/00/06
06/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.3; Split from RIN 2050-AG16.
Agency Contact: Vanessa Rodriguez,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriguez.vanessa@epa.gov
RIN: 2050-AG23
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Long-Term Actions
3240. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURES (SPCC) RULE
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: EPA is considering a
proposal to amend 40 CFR part 112,
which includes the Spill Prevention,
Control, and Countermeasures (SPCC)
rule promulgated under the authority
of the Clean Water Act. The proposed
rule may include a variety of issues
associated with the July 2002 SPCC
final rule. Specific decisions on the
scope of the rulemaking will be
determined after the final rule actions
associated with the Notices of Data
Availability have been completed. EPA
is also considering a guidance to EPA
inspectors for implementation of the
2002 SPCC final rule.
Timetable:
Action
Date
FR Cite
Notice of Settlement
Terms
NPRM 1 Year
Compliance
Extension
Final 18 Months
Compliance
Extension
NODA1
NODA2
NPRM
05/25/04 69 FR 29728
06/17/04 69 FR 34014
08/11/04 69 FR 48794
09/20/04 69 FR 56184
09/20/04 69 FR 56182
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.2; Split from RIN 2050-AC62.
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1968
Fax: 202 564-2625
Email: fleischman.hugo@epa.gov
RIN: 2050-AG16
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27656
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
Environmental Protection Agency (EPA) Proposed Rule Stage
Comprehensive Environmental Response, Compensation and Liability Act
3241. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Final 20
NPRM 24
Final 21
NPRM 25
Final Tex-Tin
Final 22
NPRM 26
Final 23
NPRM 27
NPRM Midnight Mine
NPRM 28
Final 24
NPRMAImeda
Final 25
NPRM 29
NPRM 30
Final Action
Final 26
NPRM 31
Final 28
NPRM 32
Final 29
NPRM 33
NPRM
Alabama/Malone
Final 30
NPRM 34
NPRM 35
Final 31
NPRM 36
Final 32
NPRM 37
NPRM Libby/Omaha
Final adds 19 sites
NPRM 38
Final Action-
Final Action —
NPRM1
Final 35 (adds 12
sites)
NPRM 40
Date FR Cite
03/06/98 63 FR 1 1 332
03/06/98 63 FR 11 340
07/28/98 63 FR 401 82
07/28/98 63 FR 40247
09/1 8/98 63 FR 49855
09/29/98 63 FR 51 848
09/29/98 63 FR 51 882
01/19/99 64 FR 2942
01/19/99 64 FR 2950
02/1 6/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24949
05/10/99 64 FR 24990
07/22/99 64 FR 39878
07/22/99 64 FR 39886
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5435
02/04/00 65 FR 5468
05/11/00 65 FR 30482
05/11/00 65 FR 30489
07/27/00 65 FR 46096
07/27/00 65 FR 461 31
08/24/00 65 FR 51 567
12/01/00 65 FR 751 79
12/01/00 65 FR 7521 5
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/1 3/01 66 FR 47583
09/1 3/01 66 FR 4761 2
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
1 0/24/02 67 FR 6531 5
04/30/03 68 FR 23077
04/30/03 68 FR 23094
09/29/03 68 FR 55875
03/08/04 69 FR 1 0646
Action
Final 36
NPRM-Vieques
Final37
NPRM41
Final- Vieques
Final 38
NPRM42
Date FR Cite
07/23/04 69 FR 43755
08/13/04 69 FR 501 15
09/23/04 69 FR 56949
09/23/04 69 FR 56970
02/11/05 70 FR 71 84
05/00/05
05/00/05
Timetable:
Action
Date
FR Cite
NPRM
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3439;
URL For More Information:
wwrw.epa.gov/superfund
Agency Contact: Terry Jeng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: jeng.terry@epa.gov
Victoria Roden, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 202 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
3242. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Priority: Other Significant
Legal Authority: 42 USC 9603
CFR Citation: 40 CFR 302.6(c)
Legal Deadline: None
Abstract: The Agency is considering a
proposal to administratively exempt
from reporting requirements the
releases of certain NOx emissions to
air. This would eliminate reports from
facilities emitting NOx where the
Agency has determined that the
releases pose little or no risk or to
which a Federal response is infeasible
or inappropriate. Requiring reports of
such releases would serve little or no
useful purpose and could, instead,
impose a significant burden on the
Federal response system and on the
persons responsible for notifying the
Federal Government of the release.
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4736;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AF02
3243. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602 to 9603
CFR Citation: 40 CFR 302 (Revision)
Legal Deadline: None
Abstract: The Agency is considering a
proposal for corrections and other
changes to 40 CFR 302.4, the
Designation of Hazardous Substances.
The proposal may include the
correction of entries for individual
substances, entries for F-and K- waste
streams and entries in appendix A of
40 CFR 302.4. Other aspects of the
proposal may include additional
substances as entries in Table 302.4,
appendix A to section 302.4, and the
table in section 302.6(b)(iii); removal of
other entries from these lists; and
amendments to certain footnotes that
explain entries in Table 302.4.
Timetable:
Action
Date
FR Cite
NPRM 01/00/06
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737;
The Agency is considering additional
corrections not covered in a prior Error
Correction Rulemaking (67 FR 45314,
7/9/02) and expected to generate
comment from the public.
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
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27657
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AF03
3244. • NATIONAL CONTINGENCY
PLAN REVISIONS TO ALIGN WITH
THE NATIONAL RESPONSE PLAN
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: The purpose of this
regulation is to revise the National
Contingency Plan (NCP) to align it with
the National Response Plan (NRP), as
required by the Department of
Homeland Security. The purpose of the
NCP is to provide the organizational
structure and procedures for preparing
for and responding to discharges of oil
and releases of hazardous substances,
pollutants, and contaminants, (see 40
CFR 300.1) The NRP was developed by
the Department of Homeland Security,
in close consultation with Federal
(including EPA), State, tribal, local
governments, first responder
organizations, private sector
preparedness and relief groups. The
purpose of the NRP is to replace
hazard-specific Federal plans with a
common framework for Federal
departments and agencies to provide
emergency and disaster assistance to
State, tribal and local governments.
Alignment of the NCP with the NRP
will facilitate smooth integration of
emergency response activities under the
NCP with the NRP when both plans
are activated. The NRP does not alter
the existing authorities of Federal
departments and agencies, but rather,
establishes the coordinating structures,
processes, and protocols required to
integrate the authorities of various
agencies into an all-hazard approach to
incident management. EPA is making
another minor revision to the NCP. The
descriptions of Federal agency
capabilities are being updated and
modified where appropriate to reflect
the new Department of Homeland
Security organization.
Timetable:
Action
Date FR Cite
NPRM
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4971;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epamail.epa.gov
Jean Schumann, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington DC, DC 20460
Phone: 202 564-1977
Fax: 202 564-2620
Email: schumann.jean@epa.gov
RIN: 2050-AG22
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3245. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
AND CARBAMATE-RELATED
HAZARDOUS WASTE STREAMS;
REPORTABLE QUANTITY
ADJUSTMENT FOR INORGANIC
CHEMICAL MANUFACTURING
PROCESS WASTE (K178)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9602(a); 42
USC 11004
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA listed carbamate waste
streams and certain inorganic chemical
manufacturing process waste as
hazardous wastes under the Resource
Conservation and Recovery Act (RCRA).
RCRA listed wastes, by statute,
automatically become hazardous
substances under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) and are assigned a one
pound statutory reportable quantity
(RQ) until EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA proposed RQ
adjustments for these carbamates and
wastes. Most RQ adjustments are
greater than one pound. Raising the
RQs for these substances will decrease
the burden on (1) the regulated
community for complying with the
reporting requirements under CERCLA
and EPCRA; (2) Federal, State, and
local authorities for program
implementation; and 3) Federal, State,
or local authorities, if they release
hazardous substances at the RQ level
or greater. In addition, we proposed an
RQ adjustment for the inorganic
chemical manufacturing process waste
(K178)(66 FR 58258, 11/20/01). The
comment period for the proposed rule
closed February 2, 2004. EPA is in the
process of addressing the few
comments received and going forward
with the final rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/04/03 68 FR 67916
08/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AE12
3246. STANDARDS AND PRACTICES
FOR CONDUCTING ALL
APPROPRIATE INQUIRIES
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 312
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
Legal Deadline: Final, Statutory,
January 11, 2004, Small Business
Liability Protection Act section 223,
CERCLA 101(35)(B)(2)(ii).
Abstract: The Small Business Liability
Relief and Brownfields Revitalization
Act (the "Brownfields Amendments")
amended a number of provisions in
CERCLA including section 101(35)(B)
and includes, among other things, new
provisions regarding CERCLA liability
protections for certain landowners. As
part of these provisions, the
Brownfields Amendments require bona
fide prospective purchasers, contiguous
property owners, and innocent
landowners to conduct "all appropriate
inquiries" into prior ownership and use
of the property at the time the party
acquires the property. In the
Brownfields Amendments, Congress
directed EPA to promulgate regulations
establishing standards and practices for
conducting "all appropriate inquiries."
Section 101 (35)(B)(iii) of CERCLA, as
amended, includes criteria that EPA is
required to address in setting these
standards and practices. This
regulation, when finalized, will
establish the federal standards for
conducting "all appropriate inquiries,"
pursuant to the statute. Recipients of
Brownfields Assessment Grants
awarded under section 104(k)(2)(B) of
CERCLA also will be regulated by the
final action. Purchasers of
contaminated properties seeking any of
the protections from CERCLA liability
will be required to follow the
promulgated procedures and standards.
EPA developed the proposed federal
standard for all appropriate inquiries
under a negotiated rulemaking process.
EPA published a proposed rule based
upon the Negotiated Rulemaking
Committee's consensus-based
regulatory language on August 26,
2004. The public comment period for
the proposal ended November 30, 2004.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/26/04 69 FR 52542
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4739;
State, local and Tribal governments
affected if they are grant recipients.
Agency Contact: Patricia Overmeyer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5105T, Washington, DC 20460
Phone: 202-566-2774
Fax: 202-566-2757
Email:
overmeyer.patricia@epamail.epa.gov
Helen Keplinger, Environmental
Protection Agency, Solid Waste and
Emergency Response, 2272A,
Washington, DC 20460
Phone: 202-564-4221
Fax: 202 229-3954
Email: keplinger.helen@epamail.epa.gov
RIN: 2050-AF04
3247. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O is
the Superfund Administrative
Regulation that governs awarding of
Superfund cooperative agreements
(CAs) to States, Indian tribes, and
territories of the United States. Subpart
O covers State-lead, site-specific
cooperative agreements for non-time-
critical removal, preremedial, remedial,
and enforcement actions, and site-
specific management assistance for
federal-lead projects. Also covered by
subpart O are non-site-specific Core
Program and Voluntary Cleanup
Program State infrastructure
development, as well as Brownfields
pilots, and Brownfields assessments.
The requirements for Superfund State
contracts, financial administration,
property, procurement, reporting,
recordkeeping, and close-out are
provided in subpart O. Subpart O was
promulgated 6/5/1990, and became
effective on 7/5/1990. Many changes in
the Superfund program have occurred
over the past almost ten years and these
need to be reflected in subpart O. The
six categories of CAs presently used in
subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in 1997, to consolidate
several of the cooperative agreements
offered in subpart O, has grown to
about 16 for fiscal year 2000, and have
generated at least 60 approved
deviation requests from subpart O and
40 CFR part 31. These pilot projects
offer considerable administrative relief
to States, tribes, and EPA by reducing
reporting requirements, broadening
scope changes without amendment,
increasing the ability to move monies
within and among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement funds to certain activities,
while maintaining site-specific
drawdown requirements needed for
cost recovery and Superfund
accounting. Subpart O also needs to be
conformed with part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements). EPA
expects to institutionalize the
combining of CA types, create more
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
CAs, and promote other policy
advances in State/tribal/EPA
interaction.
Timetable:
Action
Date FR Cite
Interim Final 11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
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@epamail.epa.gov
RIN: 2050-AE62
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27659
Environmental Protection Agency (EPA) Long-Term Actions
Comprehensive Environmental Response, Compensation and Liability Act
3248. 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 the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). It is necessary to develop
evaluation criteria because the Agency
has the authority under CERCLA 102(a)
to designate substances as hazardous;
however, the Agency does not have
criteria to do so. To date the only
substances designated as CERCLA
hazardous substances are as a result of
their appearance on other Acts' lists
defined under CERCLA 101(14). Using
CERCLA designation criteria the
Agency may establish CERCLA
hazardous substances independently
from other Acts, in the interest of
public health and the environment. The
purpose of this action is to have well
thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102(a) hazardous substance. The
Agency already has the authority to
designate substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
Action
Date
FR Cite
ANPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4201;
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epamail.epa.gov
RIN: 2050-AE63
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3249. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN;
SUBPART J PRODUCT SCHEDULE
LISTING REQUIREMENTS
Priority: Other Significant
Legal Authority: 33 USC I32l(d)(2);
CWA 311(d)(2)
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart } of the National
Contingency Plan (NCP). The Clean
Water Act requires EPA to prepare a
schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. This rulemaking
will propose revisions to subpart J to
clarify and change protocols for
effectiveness and toxicity testing. It will
clarify EPA authority to remove
products from the Product Schedule.
These changes will help ensure
protection of the environment when
these products are used to clean up and
mitigate oil spills (1) into or upon
navigable waters, adjoining shorelines,
the waters of the contiguous zone, or
(2) which may affect natural resources
belonging to or under the exclusive
management authority of the United
States.
Timetable:
Action
Date
FR Cite
NPRM
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526;
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
wwrw.epa.gov/oilspill
Agency Contact: William Nichols,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1970
Fax: 202 564-2625
Email: nichols.nick@epa.gov
RIN: 2050-AE87
3250. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES-
PHASE II
Priority: Other Significant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is Phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), Uniform National
Discharge Standards for Vessels of the
Armed Forces. Section 312(n) directs
EPA and DOD to work together to
provide Armed Forces vessels with a
nationally uniform set of discharge
standards, which preempt State
discharge standards for these vessels.
The purpose of the statute is to allow
DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
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EPA—Clean Water Act (CWA)
Proposed Rule Stage
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 hull
coating leachate); 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. The
Phase II performance standards will be
promulgated in five "batches." Each
batch will address several performance
standards. Once DOD implements rules
for achieving the standards set in Phase
II, covered discharges from Armed
Forces vessels will be required to meet
these standards, and will not be subject
to discharge standards established by
States.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/05
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357;
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1548
Fax: 202 566-1546
Email: rappoli.brian@epa.gov
Jonathan Amson, Environmental
Protection Agency, Water, 4504F,
4504T, Washington, DC 20460
Phone: 202-566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2040-AD39
3251. • TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI,
ENTEROCOCCI, FECAL COLIFORMS,
AND SALMONELLA UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); 76
Stat. 816; PL 92-500; 91 Stat. 1565; PL
95-217; PL 100-4; 33 USC 1345
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 wastewater and
biosolids. The proposal will include
several analytical methods for
monitoring E. coli and enterococci in
wastewater, and several analytical
methods for monitoring fecal coliforms
and salmonella in biosolids. This
proposed regulation would approve test
procedures to be available for use by
testing laboratories. Test procedures in
part 136 must be used in implementing
the NPDES program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/05
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4950
Agency Contact: Robin Oshiro,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1075
Fax: 202 566-1053
Email: oshiro.robin@epamail.epa.gov
RIN: 2040-AE68
3252. • 2006 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301, 304, 306,
307
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
September 2, 2006.
Abstract: EPA publishes an Effluent
Guidelines Program Plan every other
year. The Plan is required by Section
304(m) of the Clean Water Act (CWA).
The Plan discusses the status of
ongoing rulemakings, development of
additional rules, and preliminary
studies. The Plan is also likely to
discuss EPA's annual review of effluent
limitations guidelines and standards
undertaken pursuant to sections 304(b)
and 304(g). The Plan sets forth EPA's
rationale for the selection of particular
industries as candidates for new or
revised effluent guidelines. EPA's 2006
Effluent Guidelines Program Plan will
describe the effluent guidelines
program and the effluent guidelines
underway identifying guidelines that
may be revised or new guidelines that
may be developed.
Timetable:
Action
Date
FR Cite
Proposal
Final Plan
09/00/05
09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4965,
EDocket No.: OW-2004-0032;
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington DC, DC
20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epa.gov
RIN: 2040-AE76
3253. • EFFLUENT GUIDELINES FOR
THE IRON AND STEEL
MANUFACTURING POINT SOURCE
CATEGORY (REVISION)
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 308; CWA 402; CWA
501
CFR Citation: 40 CFR 420
Legal Deadline: None
Abstract: In October 2002, EPA
promulgated revisions to the Iron and
Steel Manufacturing effluent guidelines
rule (40 CFR 420) which, among other
things, prohibited establishing
alternative limits for oil and grease
under the "water bubble." After
promulgation, industry representatives
commenced litigation to challenge
several parts of the rule. The October
2002 revisions did not fully reflect the
fact that some facilities already had
permits that allowed "water bubble" oil
and grease limitations. The October
2002 revisions also contained incorrect
construction dates for determining
when the new source standards apply.
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27661
EPA—Clean Water Act (CWA)
Proposed Rule Stage
This action will amend the final rule
to restore the option of establishing
alternative limitations for oil and grease
under certain circumstances and to
correct the new source construction
dates. All other pollutant limitations
and requirements from the October
2002 final rule will remain unchanged.
This action will not change the cost
or impact estimates associated with the
October 2002 final rule. This action
settles one of the issues in the litigation
that commenced after promulgation of
the 2002 amendments. This portion of
the litigation was severed from the
lawsuit when EPA agreed to amend the
existing guideline to reinstate the water
bubble for oil and grease limits.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4947
Sectors Affected: 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3312 Steel Product Manufacturing from
Purchased Steel
Agency Contact: Elwood Forsht,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202-566-1025
Email: forsht.elwood@epamail.epa.gov
RIN: 2040-AE78
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3254. TEST PROCEDURES: NEW AND
UPDATED TEST PROCEDURES FOR
THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a); 42 USC 300f; 42 USC 300g-l;
42 USC 300J-4; 42 USC 300j-9(a)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR part 136 and
the National Primary Drinking Water
Regulations under 40 CFR part 141 to
approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater, ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
and Safe Drinking Water Act. The
proposal included new methods for
metals, such as Method 200.8 (which
utilizes ICP/MS), new methods for
chemical pollutants (e.g., Method
245.7), updated methods for chemical
pollutants (e.g., Methods 300.1 and
200.7), including methods from
voluntary consensus standards bodies,
and from other external organizations
submitted under EPA's alternate test
procedure program. The new and
updated methods include methods from
organizations such as the American
Society for Testing and Materials,
International Standard Methods, and
the Association of Official Analytical
Chemists-International.
Timetable:
Action
Date
FR Cite
NPRM 04/06/04 69 FR 18166
NODA 02/16/05 70 FR 7909
Final Action 06/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4540;
This action incorporates the following
analytical methods that had previously
been tracked independently: 1. RIN
2040-AC95, SAN 3155 - Test
Procedures for the Analysis of
Miscellaneous Metals, Anions, and
Volatile Organics Under the Clean
Water Act, Phase One 2. RIN 2040-
AD12, SAN 4089 - Test Procedures for
the Analysis of Miscellaneous Metals,
Anions, and Volatile Organics Under
the Clean Water Act, Phase Two, and
3. RIN 2040-AD52, SAN 4377 - Test
Procedures for the Analysis of Mercury
Under the Clean Water Act (Method
245.7).
Agency Contact: Meghan Hessenauet,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1040
Fax: 202 566-1053
Email: hessenauet.meghan@epa.gov
Marion Kelly, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202-566-1045
Fax: 202 566-1053
Email: kelly.marion@epamail.epa.gov
RIN: 2040-AD71
3255. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1317 CWA 307; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The final rule will be
promulgated as a program streamlining
activity. The rule will revise certain
provisions in the General Pretreatment
Regulations (40 CFR Part 403) that
address restrictions on and oversight of
industrial discharges into Publicly
Owned Treatment Works (POTWs). The
final rule would clarify requirements
for implementing Pretreatment
Standards, and provide more flexible
permitting reporting, inspection and
sampling requirements. The revisions
should provide greater flexibility,
reduce burden, and achieve improved
environmental results at less cost for
regulatory authorities and the regulated
community.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/22/99 64 FR 39564
06/00/05
Regulatory Flexibility Analysis
Required: No
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27662
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3663;
Agency Contact: Greg Schaner,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0721
Fax: 202 564-6431
Email: schaner.greg@epamail.epa.gov
Jan Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202-564-7904
Fax: 202 564-6431
Email: pickrel.jan@epamail.epa.gov
RIN: 2040-AC58
3256. POLICY REGARDING NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT
REQUIREMENTS FOR MUNICIPAL
WASTEWATER TREATMENT DURING
WET WEATHER CONDITIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311, 1318,
1342, 1361
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. EPA's
intention is to develop a policy that
will provide criteria for authorizing or
approving blended discharges that meet
permit limitations in NPDES permits.
When implemented, EPA intends that
the policy will ensure that NPDES
requirements will be applied in a
nationally-consistent manner that
improves the capacity, management,
operation and maintenance of sewage
treatment plants and collection systems
and protects human health and the
environment.
Timetable:
Action
Date
FR Cite
11/07/03 68 FR 63042
07/00/05
Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4690;
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
Patrick Bradley, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202-564-0729
Fax: 202 564-6392
Email: bradley.patrick@epamail.epa.gov
RIN: 2040-AD87
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3257. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD POINT SOURCE
CATEGORY, DISSOLVING KRAFT AND
DISSOLVING SULFITE
SUBCATEGORIES (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards, and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR part 430). EPA refers
to this rulemaking as Pulp and Paper
Phase III. EPA is considering the public
comments on the proposed rule and the
new data acquired since proposal. EPA
will consider as part of its effluent
guidelines review process under CWA
section 304 (b) whether to proceed with
the rulemaking or whether assistance to
states will more appropriately address
any concerns with discharges from
these facilities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4370;
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Donald Anderson,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1021
Fax: 202 566-1053
Email:
anderson.donaldf@epamail.epa.gov
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27663
EPA—Clean Water Act (CWA)
Long-Term Actions
Ahmar Siddiqui, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1044
Fax: 202 566-1053
Email: siddiqui.ahmar@epamail.epa.gov
RIN: 2040-AD49
3258. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new EPA methods for the
determination of trace metals at EPA's
water quality criteria levels. These
methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated
water quality standard. Because the
methods currently approved under 40
CFR part 136 were designed to support
primarily technology-based permitting
needs, and because these technology-
based levels are as much as 280 times
higher than water quality-based criteria
for metals. EPA is pursuing approval
of new test procedures.
Timetable:
Action
Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702;
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
Richard Reding, Environmental Timetable:
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 564-1053
Email: reding.richard@epamail.epa.gov
RIN: 2040-AC75
3259. TEST PROCEDURES:
INCREASED METHOD FLEXIBILITY
FOR TEST PROCEDURES APPROVED
FOR CLEAN WATER ACT
COMPLIANCE MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314 CWA
304; 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: EPA is considering
preparation of a document that would
highlight the flexibility already
contained in some 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 NPRM
analytical measurements. Final Action
Date FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3714;
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 564-1053
Email: reding.richard@epamail.epa.gov
William Telliard, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
RIN: 2040-AC92
3260. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This action would establish
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 also discuss the
format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. It would also describe EPA's
planned steps to provide additional
information through technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date
FR Cite
03/28/97 62 FR 14975
To Be Determined
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27664
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713;
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 564-1053
Email: reding.richard@epamail.epa.gov
William Telliard, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: telliard.wrilliam@epamail.epa.gov
RIN: 2040-AC93
3261. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
1361 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: The proposal would amend
the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR parts 136 and
503 to approve EPA Method 1668 for
the congener-specific determination of
co-planar and mono-ortho-substituted
polychlorinated biphenyls (PCBs) in
effluent, ambient water, and sludge.
This method is necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated
water quality standard. At present there
is no EPA analytical method for
determination of these PCBs at the
levels of concern.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4049;
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-2237
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
Richard Reding, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-2237
Fax: 202 564-1053
Email: reding.richard@epamail.epa.gov
RIN: 2040-AD09
3262. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: CWA 101, 304, 308,
401, 402, 510
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 123; 40 CFR 124; 40 CFR 125
Legal Deadline: NPRM, Judicial,
November 1, 2004.
Final, Judicial, June 1, 2006.
Abstract: This rulemaking will affect
existing facilities that use cooling water
intake structures, and whose intake
flow levels exceed a minimum
threshold to be determined by EPA
during this rulemaking. The rule would
address existing facilities in the
following industries if they meet the
specified threshold levels: pulp and
paper manufacturing facilities;
chemicals and allied products
manufacturing facilities; petroleum and
coal products manufacturing facilities;
primary metals manufacturing facilities:
and any other existing facility not
already subject to Phase 2 regulations.
EPA will also consider developing
regulations for certain new offshore
facilities not included in the Phase I
rule, such as offshore and coastal oil
and gas extraction facilities. Section
316(b) of the Clean Water Act provides
that any standard established pursuant
to sections 301 or 306 of the Clean
Water Act and applicable to a point
source shall require that the location,
design, construction, and capacity of
cooling water intake structures reflect
the best technology available for
minimizing adverse environmental
impact. A primary purpose of this
action is to minimize the impingement
and entrainment of fish and other
aquatic organisms by cooling water
intake structures. Impingement occurs
when fish and other aquatic life are
trapped against cooling water intake
structures. Entrainment occurs when
aquatic organisms, eggs and larvae are
drawn into a cooling system and then
pumped back out, resulting in
significant injury or mortality to the
entrained organisms.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/24/04 69 FR 68444
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4543;
Split from RIN 2040-AC34.
Sectors Affected: 312 Beverage and
Tobacco Product Manufacturing; 325
Chemical Manufacturing; 61131
Colleges, Universities and Professional
Schools; 334 Computer and Electronic
Product Manufacturing; 211111 Crude
Petroleum and Natural Gas Extraction;
22111 Electric Power Generation; 335
Electrical Equipment, Appliance and
Component Manufacturing; 332
Fabricated Metal Product
Manufacturing; 311 Food
Manufacturing; 333 Machinery
Manufacturing; 21 Mining; 211112
Natural Gas Liquid Extraction; 327
Nonmetallic Mineral Product
Manufacturing; 322 Paper
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing;
22133 Steam and Air-Conditioning
Supply; 313 Textile Mills; 336
Transportation Equipment
Manufacturing; 321 Wood Product
Manufacturing
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27665
EPA—Clean Water Act (CWA)
Long-Term Actions
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1076
Fax: 202 566-1053
Email: shriner.paul@epamail.epa.gov
Martha Segall, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1041
Fax: 202 566-1053
Email: segall.martha@epamail.epa.gov
RIN: 2040-AD70
3263. NPDES APPLICATIONS
REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1312 CWA 302; 33 USC
1314 CWA 304; 33 USC 1316 CWA
306; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: EPA plans 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 modifying and
streamlining existing permit application
requirements. Other revisions may be
considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Timetable:
Action
Date FR Cite
NPRM 11/00/06
Final Action 11/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786;
Agency Contact: Pravin Rana,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-1909
Fax: 202 564-9544
Email: rana.pravin@epamail.epa.gov
Tom Laverty, Environmental Protection
Agency, Water, EN-336, 4203M,
Washington, DC 20460
Phone: 202-564-7974
Fax: 202 564-9544
Email: laverty.tom@epamail.epa.gov
RIN: 2040-AC84
3264. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Legal Authority: 33 USC 1311CWA
301; 33 USC 1314 CWA 304; 33 USC
1318 CWA 308; 33 USC 1342 CWA
402; 33 USC 1361 CWA 501 (a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is considering proposing
standard permit conditions for
inclusion in permits for publicly owned
treatment works (POTWs) and
municipal sanitary sewer collection
systems. The standard requirements
would address reporting, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
The Agency is also considering
proposing a regulatory framework for
applying NPDES permit conditions,
including applicable standard permit
conditions, to municipal satellite
collection systems. Municipal satellite
collection systems are sanitary sewers
owned or operated by a municipality
that conveys wastewater to a POTW
operated by a different municipality.
Timetable:
Action
Date
FR Cite
NPRM
10/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3999;
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Jennifer Molloy,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-1939
Fax: 202 564-6392
Email: molloy.jennifer@epa.gov
Kevin Weiss, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
RIN: 2040-AD02
3265. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Substantive, Nonsignificant
Legal Authority: PL 106-554, sec 1404
to 1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Title XIV: Certain Alaska
Cruise Ship Operations (HR 4577)
authorizes EPA to establish effluent
standards for black and gray water from
cruise ships into the waters of Alaska,
the Alexander Archipelago, and the
Kachemak Bay National Marine
Estuarine Research Reserve. EPA will
develop those standards based on the
best available scientific information on
the environmental effects of the
regulated discharges and the
availability of new technologies for
wastewater treatment. The
implementation of these regulations
will reduce the environmental impacts
of cruise ships operating in the waters
of Alaska, the Alexander Archipelago,
and the Kachemak Bay National Marine
Estuarine Research Reserve.
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EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/06
06/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4746;
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Elizabeth Kim,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1270
Fax: 202 566-1546
Email: kim.elizabeth@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202-566-1288
Fax: 202 566-1546
Email: redford.david@epa.gov
RIN: 2040-AD89
3266. EFFLUENT GUIDELINES AND
STANDARDS: RECODIFICATION OF
VARIOUS EFFLUENT GUIDELINES
Priority: Info./Admin./Other
Legal Authority: Clean Water Act 301;
Clean Water Act 304; Clean Water Act
306; Clean Water Act 307; Clean Water
Act 308; Clean Water Act 402; Clean
Water Act 501
CFR Citation: 40 CFR 401; 40 CFR 419
Legal Deadline: None
Abstract: Several years ago, OW
conducted a comprehensive review of
effluent guidelines and removed from
the Code of Federal Regulations (CFR)
provisions contained in a number of
regulations that were obsolete or
redundant (FR 60 33926, June 29,
1995). In addition to removing these
provisions, EPA's Office of Water
identified additional opportunities for
further streamlining some of the
effluent guidelines. This action would
recodify the effluent limitations and
standards for one point source category
and the general definitions without
making any legally substantive changes
in the requirements. The revised and
shorter format will enable Federal,
State and local regulators and the
regulated community to more easily
read, understand and implement the
regulations. By reducing the number of
pages in title 40, the new format will
also afford some long-term savings in
the annual cost of printing these
regulations. The point source category
which would be recodified by this
action is Petroleum Refining (part 419).
The revisions would also expand the
list of general definitions in section
401.11.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4822;
Agency Contact: Debra Nicoll,
Environmental Protection Agency,
Water, 4303, 4303T, Washington, DC
20460
Phone: 202-566-1020
Fax: 202 566-1053
Email: nicoll.debra@epa.gov
RIN: 2040-AE61
3267. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
AIRPORT DEICING OPERATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines Plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from airport deicing
operations. Based on preliminary study
and on public comments, discharges
from deicing operations have the
potential to cause fish kills, algae
blooms, and contamination to surface
or ground waters. The likely source of
pollutants is aircraft deicing fluid
(ADF) that is not properly recaptured,
reused or treated before discharge.
Deicing agents typically contain glycols
and additives. There is great disparity
among airports in terms of wastewater
treatment and also in terms of
discharge permits. Based on
preliminary estimates, airports annually
discharge approximately 21 million
gallons of ADF. Early estimates of
potential reductions from treatment
technology and from pollution
prevention practices indicate that those
discharges could be lowered to 4
million gallons. Effluent guidelines for
these operations would apply only to
wastewaters that are considered point
source discharges. Discharges that are
non-point sources (e.g., ADF shedding
from the airplane after it leaves the
airport) would not be subject to any
potential effluent guidelines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/06
09/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4948
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
RIN: 2040-AE69
3268. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
DRINKING WATER SUPPLY AND
TREATMENT
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In EPA's 2004 Effluent
Guidelines Plan, we announced that we
would begin development of a
regulation to control the pollutants
discharged from drinking water
treatment plants. Based on preliminary
study and on public comments,
discharges from drinking water
facilities have the potential to discharge
significant quantities of conventional
and toxic pollutants, including metals,
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27667
EPA—Clean Water Act (CWA)
Long-Term Actions
chlorine, and salts. Some of the sources
of these pollutants are treatment
sludges and reverse osmosis reject
wastewaters. The preliminary data are
not conclusive, and additional study
and analysis of treatability are
necessary to determine whether
pollutant reductions are technologically
feasible and economically achievable.
The early steps of regulatory
development, especially gathering
additional discharge data, will be
critical to better-informed decisions on
how to proceed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/06
09/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4949;
Agency Contact: Tom Bom,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington DC, DC 20460
Phone: 202 566-1001
Fax: 202 566-1054
Email: born.tom@epamail.epa.gov
Nick Bouwes, Environmental Protection
Agency, Water, 4303T, Washington, DC
20460
Phone: 202 566-1002
Fax: 202 566-1053
Email: bouwes.nick@epa.gov
RIN: 2040-AE74
3269. • NEW/REVISED AMBIENT
WATER QUALITY CRITERIA (AWQC)
FOR RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
October 5, 2005.
Abstract: Under the BEACHES
Amendments to the Clean Water Act
the USEPA is required to provide new
or revised AWQC for recreational
waters by October 5, 2005. A number
of activities, also required under the
BEACHES Amendments are in progress
or completed. These provide improved
approaches for beach water quality
monitoring and health assessments,
including: better understanding of the
temporal and spatial aspects of water
quality determinations at beach water
sites; application of rapid (<2hr)
molecular methods to determine
bacterial (fecal indicator) water quality;
epidemiological assessments to better
understand the relationship of bacterial
indicator occurrence to rates of acute
gastrointestinal disease for persons who
swim in designated recreational waters.
Additional studies are being conducted
to better express, numerically, the
relationship of the indicators to disease
incidence both for single sample
determinations of water quality at the
beach at any given time and for long
term determinations of general water
quality to characterize the water
quality's attainment of the designated
recreational use. Additional efforts are
being conducted to prepare
"Methodology for Deriving Ambient
Water Quality Criteria for the
Protection of Human Health" specific
to the development of these and other
microbiological criteria. The results of
four fresh water (Great Lakes)
epidemiology studies and companion
rapid fecal indicator validation studies
will be analyzed using the above
human health methodology to establish
the criteria. Draft criteria will be peer
reviewed both internal and external to
the USEPA prior to FAR and OMB
review and approval.
Timetable:
Action
Date FR Cite
Draft Guidance To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4967;
Agency Contact: Stephen Schaub,
Environmental Protection Agency,
Water, 4304T, Washington DC, DC
20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2040-AE77
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3270. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
CFR Citation: 40 CFR 131; 40 CFR
121.17 (New); 40 CFR 122.4
(Amended); 40 CFR 123.1 (Amended);
40 CFR 131.4 (Amended); 40 CFR
131.40 (New); 40 CFR 230.10
(Amended); 40 CFR 233.1 (Amended);
40 CFR 233.51 (Amended)
Completed:
Reason
Date
FR Cite
Withdrawn
04/26/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Agency Contact: Fred Leutner
Phone: 202-566-0378
Fax: 202 566-0409
Email: leutner.fred@epamail.epa.gov
Shaja Brothers
Phone: 202-566-1480
Email: brothers.shaja@epamail.epa.gov
RIN: 2040-AD46
3271. WATERSHED RULE: TOTAL
MAXIMUM DAILY LOAD (TMDL)
PROGRAM REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1313; 33 USC
1329; 33 USC 1342; 33 USC 1256
CFR Citation: 40 CFR 9; 40 CFR 122;
40 CFR 124; 40 CFR 130
Legal Deadline: None
Abstract: This rule is no longer
necessary because EPA and States are
accelerating implementation of the
regulations.
Timetable:
Action
Date
FR Cite
Withdrawn
04/19/05
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27668
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Clean Water Act (CWA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4623;
Agency Contact: Christine Ruf,
Environmental Protection Agency,
Water, 4503T, Washington, DC 20460
Phone: 202 566-1220
Fax: 202 566-1333
Email: ruf.christine@epamail.epa.gov
Francoise Brasier, Environmental
Protection Agency, Water, 4503T,
Washington, DC 20460
Phone: 202 566-1214
Fax: 202 566-1333
Email:
brasier.francoise@epamail.epa.gov
RIN: 2040-AD82
3272. WATER QUALITY STANDARDS
FOR PATHOGENS AND PATHOGEN
INDICATORS FOR COASTAL
RECREATION WATERS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 131D
Completed:
Reason
Date
FR Cite
Final Action
11/16/04 69 FR 67217
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Richard Healy
Phone: 202-566-0405
Fax: 202 566-0409
Email: healy.richard@epamail.epa.gov
RIN: 2040-AE63
3273. EFFLUENT GUIDELINES FOR
THE TRANSPORTATION EQUIPMENT
CLEANING POINT SOURCE
CATEGORY
Priority: Info./Admin./Other
CFR Citation: 40 CFR 442.16
Completed:
Reason
Date
FR Cite
NPRM
Direct Final Rule
02/01/05 70 FR 5100
02/01/05 70 FR 5058
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jesse Pritts
Phone: 202 566-1038
Fax: 202 566-1053
Email: pritts.jesse@epa.gov
RIN: 2040-AE65
3274. • NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM:
MODIFICATION OF PERMIT DEADLINE
FOR STORM WATER DISCHARGES
FROM OIL AND GAS CONSTRUCTION
ACTIVITY THAT DISTURBS ONE TO
FIVE ACRES
Priority: Substantive, Nonsignificant
Legal Authority: CWA 402(p)
CFR Citation: 40 CFR 122
Legal Deadline: None
Abstract: In developing the Phase II
storm water regulations, EPA
conducted analysis of the potential
impacts of the regulation on the
national economy and also analyzed
impacts on small businesses. These
impacts focused on implementation of
sediment and erosion control practices
or best management practices to reduce
pollutants commonly associated with
construction storm water discharges. In
performing these analyses, EPA
considered affected industrial sectors,
including the oil and gas industry. EPA
determined that few, if any, oil and gas
exploration sites would be affected by
Phase II and impacts on Phase II rule
cost estimates were unlikely to be
significant. Since January 2002, the oil
and gas industry has provided
information indicating that as many as
30,000 oil and gas sites will be affected
annually by the Phase II storm water
regulations. In the spirit of Executive
Order 13211, which directs EPA to
consider the impact of its actions on
energy-related production activities, the
Agency believes it is important to
review the economic analysis of the
Phase II rule to determine the impact
on the oil and gas industry. In
evaluating the impact, the Agency will
work with states, industry, and other
entities to gather and evaluate data on
the development and use of appropriate
best management practices for the oil
and gas industry. EPA also will
continue to review the scope and effect
of 33 USC 1342(1)(2), relating to
permitting of oil and gas exploration
activities, and other provisions of the
Clean Water Act. EPA extended the
March 10, 2003, permit authorization
deadline for Phase II oil and gas
facilities to be covered by a storm water
permit. To accomplish all of the
necessary analyses, EPA extended the
original March 10, 2003, permit
authorization deadline for Phase II oil
and gas facilities to be covered by a
storm water permit until March 10,
2005. This final regulatory action
further extends the deadline for oil and
gas operators to secure an appropriate
storm water permit for an additional
fifteen months until June 12, 2006. This
extension of the NPDES storm water
permitting deadline applies to all oil
and gas construction activity that
disturbs at least one acre, but less than
five acres of land and sites disturbing
less than one acre that are a part of
a larger common plan of development
or sale that disturbs between one and
five acres. This postponement will
allow the Agency additional time to
complete analysis and consideration of
a number of additional technical and
procedural issues raised by
stakeholders about storm water runoff
associated with construction activities
at oil and gas sites.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/18/05 70 FR 2832
03/09/05 70 FR 11560
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
4765.1, EDocket No.: OW-2002-0068;
Split from RIN 2040-AD98.
URL For More Information:
www.epa.gov/npdes/stormwater
Agency Contact: Jeff Smith,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202-564-0652
Fax: 202 564-6431
Email: smith.jeff@epamail.epa.gov
Deborah Nagle, Environmental
Protection Agency, Water, 1200
Pennsylvania Ave, Washington, DC
20460
Phone: 202-564-1185
Email: nagle.deborah@epa.gov
RIN: 2040-AE71
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27669
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3275. UNREGULATED CONTAMINANT
MONITORING REGULATION FOR
PUBLIC WATER SYSTEMS REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141.40
Legal Deadline: Other, Statutory,
August 6, 2004, This statute (SDWA)
requires EPA to publish a list. SDWA
does not require a regulation.
Abstract: The 1996 amendments to the
Safe Drinking Water Act require the
Agency to publish, every 5 years, a
revised listing of the contaminants to
be monitored under the UCMR. The
purpose of this proposed action is to
meet that requirement by revising the
National Primary Drinking Water
Regulations for the UCMR by making
minor modifications to the current
UCMR program to improve its
implementation, to revise the lists of
analyses to permit a second round of
monitoring,and to approve the
analytical methods needed to perform
this monitoring.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/05
06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4770;
Agency Contact: Dave Munch,
Environmental Protection Agency,
Water, MS 140, Cincinatti, OH 45268
Phone: 513-569-7843
Fax: 513 569-7191
Email: munch.dave@epamail.epa.gov
Dan Hautman, Environmental
Protection Agency, Water, MS 140,
Cincinatti, OH 45268
Phone: 513-569-7274
Fax: 513 569-7191
Email: hautman.dan@epamail.epa.gov
RIN: 2040-AD93
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3276. NATIONAL PRIMARY DRINKING
WATER REGULATIONS:
GROUNDWATER RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 300 g-l
SDWA 1412 (b)(8); 42 USC 300J-4
SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory, July
31, 2005, Not later than promulgation
of the Stage 2 Disinfection Byproducts
Rule (currently scheduled for December
2005).
Abstract: EPA proposed a targeted risk-
based regulatory strategy for all public
water systems served by groundwater
in May of 2000. The proposed
requirements provide a meaningful
opportunity to reduce public health
risk for a significant number of people
served by groundwater sources from the
exposure to waterborne pathogens from
fecal contamination. The proposed
strategy addresses risks through a
multiple-barrier approach that relies on
five major components: periodic
sanitary surveys of groundwater
systems requiring the evaluation of
eight elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses; and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used. The
final rule will establish a risk-based
strategy as was described in the
proposed (May 2000) rulemaking.
However, the proposed design has been
improved in the draft final rule to
provide greater flexibility for States and
systems implementing the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
12/00/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 2340;
Statutory deadline for final rule: Not
later than the Administrator
promulgates a Stage II rulemaking for
disinfection byproducts (currently
scheduled for July 2005).
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Crystal Rodgers,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5275
Fax: 202 564-3767
Email: rodgers.crystal@epamail.epa.gov
Tracy Bone, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202-564-5257
Fax: 202 564-3767
Email: bone.tracy@epamail.epa.gov
RIN: 2040-AA97
3277. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f; 42 USC
300g-l; 42 USC 300g-2; 42 USC
300g-3; 42 USC 300g-4; 42 USC
300g-5; 42 USC 300g-6; 42 USC
300J-4; 42 USC 300J-9; 42 USC 300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR 9
Legal Deadline: None
Abstract: The Long Term 2 Enhanced
Surface Water Treatment Rule
(LT2ESWTR) will control risk from
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27670
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
microbial pathogens, specifically
cryptosporidium, in drinking water. It
is being developed simultaneously with
the Stage 2 Disinfectants and
Disinfection Byproducts Rule (DBPR),
which will address risk caused by the
use of disinfectants in drinking water.
This rule could affect all public water
systems that use surface water as a
source. Promulgating the LT2ESWTR
and the Stage 2 DBPR as a paired
rulemaking is necessary to ensure that
adequate protection from microbial risk
is maintained while EPA manages risk
from disinfection byproducts. In
developing the LT2ESWTR, EPA has
analyzed a significant body of new
survey data on microbial pathogens in
source and finished waters, as well as
data on parameters which could serve
as indicators of microbial risk. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, has
provided a substantially more
comprehensive and complete picture of
the occurrence of waterborne pathogens
than was previously available. EPA has
also used significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the pathogenicity of
certain microbes, 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; an
agreement in principle was signed in
September 2000 outlining the proposed
rule options.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/11/03 68 FR 47639
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4341;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Schmelling,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202-564-5281
Fax: 202 564-3767
Email: schmelling.dan@epamail.epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607M,
4607, Washington, DC 20460
Phone: 202-564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epamail.epa.gov
RIN: 2040-AD37
3278. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f; 42 USC
300g-2; 42 USC 300g-3; 42 USC
300g-4; 42 USC 300g-5; 42 USC
300g-6; 42 USC 300J-4; 42 USC 300J-9;
42 USC 300J-11
CFR Citation: 40 CFR 141-142; 40 CFR
9
Legal Deadline: Final, Statutory, July
14, 2003.
Abstract: This Regulation, along with
a Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) that will
be promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process, although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. In
developing the Stage 2 DBPR, EPA
analyzed a significant body of new
survey data on source water quality
parameters, treatment data and
disinfection byproduct occurrence. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, provide a
substantially more comprehensive and
complete picture of the occurrence of
DBFs and microbiological pathogens
than was previously available. EPA also
used new information on the health
effects of exposure to DBFs to
determine effective regulatory
requirements for controlling risk. On
March 30, 1999, EPA reconvened a
committee of stakeholders under the
Federal Advisory Committee Act
(FACA) to assist in the development of
these rules; an Agreement in Principle
was signed in September 2000
outlining the proposed rule options.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/18/03 68 FR 49548
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4342;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Tom Grubbs,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epa.gov
Stig Regli, Environmental Protection
Agency, Water, 4607M, 4607,
Washington, DC 20460
Phone: 202-564-5270
Fax: 202 564-3767
Email: regli.stig@epamail.epa.gov
RIN: 2040-AD38
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27671
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3279. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f et seq
SDWA1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
February 6, 1999, Publish radon health
risk reduction and cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, November 2, 2000.
Abstract: The Radon rule complies
with the Safe Drinking Water Act
(SDWA) requirement to reduce
exposure to radon in homes. In 1999,
EPA proposed regulations for radon
which provide flexibility in how to
manage the health risks from radon in
drinking water. The proposal was based
on the unique framework in the 1996
SDWA. The proposed regulation would
provide for either a maximum
contaminant level (MCL), or an
alternative maximum contaminant level
(AMCL) with a multimedia mitigation
(MMM) program to address radon in
indoor air. Under the proposal, public
water systems in States that adopted
qualifying MMM programs would be
subject to the AMCL, while those in
States that did not adopt such programs
would be subject to the MCL. EPA
proposed regulations for radon which
provide flexibility in how to manage
the health risks from radon in drinking
water. The proposal was based on the
unique framework in the 1996 SDWA.
Systems would also be able to develop
a State approved MMM program in the
absence of a State program.
Timetable:
Action
ANPRM
NPRM Original
Notice
NPRM
Final Action
Date FR Cite
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59246
12/00/06
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Rebeccak Allen,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-4689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Ann Codrington, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-4688
Fax: 202 564-3760
Email: codrington.ann@epamail.epa.gov
RIN: 2040-AA94
3280. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 0.003,
0.004, and 0.002 ug/1, respectively. In
response to an administrative petition
from the manufacturer Rhone-Poulenc,
the Agency issued an administrative
stay of the effective date. EPA will
reexamine risk assessment and
occurrence data on aldicarb and make
a determination of what further action
is appropriate.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5239
Fax: 202 564-3760
Email: olson.daniel@epa.gov
RIN: 2040-AC13
3281. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirement
of the federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in ground water and drinking
water in a number of states due to
leaking underground storage tanks and
leaking pipelines. Although most of
these detections are at levels well
below health concern, MTBE's
distinctive turpentine-like taste and
odor can be detected at low levels. EPA
is required to make a regulatory
determination for at least five
unregulated contaminants by August
2006. Presently, the Water program is
collecting and analyzing research
information on occurrence, health
effects, method sensitivity, and
treatment effectiveness. A proposed
regulatory determination, which will
evaluate information on MTBE as well
as a number of other contaminants, is
anticipated for August 2005.
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. 4404;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Irene Dooley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-4699
Fax: 202 564-3760
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27672
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
3282. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM
MONITORING AND ANALYTICAL
REQUIREMENTS AND ADDITIONAL
DISTRIBUTION SYSTEM
REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in the July 18, 2003 Federal
Register (68 FR 42907)(Notice of Intent
to revise the TCR). EPA intends
revisions to the TCR to maintain or
provide for greater human health
protection than under the existing TCR
while improving system efficiency. A
Federal Advisory Committee
recommended that EPA, as part of the
TCR 6-year review process, "initiate a
process for addressing cross-connection
control and backflow prevention
requirements and consider additional
distribution system requirements
related to significant health risks." The
original TCR, promulgated in 1989,
protects human health by requiring
microbial monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR by adding
distribution system requirements. The
process to do so involves a performance
evaluation, development of issue
papers on both distribution systems
and total coliform, stakeholders
meetings, and proposed and final rules.
Timetable:
Action
Date FR Cite
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4775;
Agency Contact: Kenneth Rotert,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.epa.gov
Jennifer Mclain, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-5248
Fax: 202 564-3767
Email: mclain.jennifer@epamail.epa.gov
RIN: 2040-AD94
3283. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: 00 CFR None
Legal Deadline: Other, Statutory,
February 6, 2008, The 1996 SDWA
Amendments require EPA to publish
the third list of candidate contaminants
by February 2008. Not a rulemaking.
Abstract: The Safe Drinking Water Act
(SDWA) as amended in 1996 requires
EPA to publish a list every five years
of contaminants that are known or
anticipated to occur in public water
systems, and which may require
regulation under the SDWA. The
purpose of this action is to prepare and
publish the third Contaminant
Candidate List (CCL). In preparing the
third list, EPA will evaluate the
classification approach recommended
by the National Academy of Sciences'
National Research Council (NRC) and,
as applicable, use the NRC approach
to identify and narrow a very broad
universe of potential contaminants into
a smaller, more focused list for future
CCLs. If we identify additional
contaminants early in the evaluation
process, we may consider those
contaminants in the regulatory
determinations for 2006.
Timetable:
NPRM
Final Action
06/00/06
06/00/08
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: Yes
NPRM-Preliminary 02/00/07
Notice
Final Notice 02/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4745;
Agency Contact: Thomas Carpenter,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202-564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
Yvette Selby, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202-564-5245
Fax: 202 564-3760
Email: selby-
mohamadu.yvette@epamail.epa.gov
RIN: 2040-AD99
3284. UNDERGROUND INJECTION
CONTROL: UPDATE OF STATE
PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l
SDWA 1422; 42 USC 300h-4 SDWA
1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason, more importantly, is to allow
EPA to incorporate by reference into
the Code of Federal Regulations the
State program authorities. Current
citations to State regulations in 40 CFR
part 147 are out of date for many
States. This update is necessary to
ensure that the CFR accurately reflects
current approved State UIC programs
and that elements of those programs are
federally enforceable if necessary. EPA
Regional Offices will be submitting
State revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
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Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
27673
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
incorporating by reference elements of
already effective State programs.
Timetable:
Action
Date
FR Cite
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4236;
Agency Contact: Bruce Kobelski,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202-564-3888
Fax: 202 564-3756
Email: kobelski.bruce@epa.gov
Denny Cruz, Environmental Protection
Agency, Water, 4606M, Washington, DC
20460
Phone: 202-564-3879
Fax: 202 564-3756
Email: cruz.denny@epa.gov
RIN: 2040-AD40
3285. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE SECOND DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300g-l(b)
CFR Citation: None
Legal Deadline: Other, Statutory,
August 6, 2006, The 1996 SDWA
Amendments require EPA to publish
the second regulatory determinations
by August 2006.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
require EPA to publish a list of non-
regulated contaminants every five
years, which may warrant regulation
due to their health effects and their
potential for occurrence in public water
systems (PWSs). The first Contaminant
Candidate List (CCL), was published in
the Federal Register on March 2, 1998
(63 FR 10247). The second CCL was
published on February 22, 2005. In
addition to publishing the drinking
water CCL, the SDWA also requires the
Agency to select five or more
contaminants from the second CCL and
determine, by August 2006, whether to
regulate these contaminants with a
National Primary Drinking Water
Regulation (NPDWR). In order to make
a determination of whether to develop
an NPDWR for a contaminant, the
SDWA requires three statutory tests be
met: (1) the contaminant may have an
adverse effect on the health of persons;
(2) the contaminant is known to occur
or there is a substantial likelihood that
the contaminant will occur in public
water systems with a frequency and at
levels of public health concern; and (3)
in the sole judgment of the
Administrator, regulation of the
contaminant presents a meaningful
opportunity for health risk reduction
for persons served by public water
systems. Using these three statutory
tests to make regulatory decisions, there
are three possible outcomes: (1)
regulate the contaminant with an
NPDWR; (2) develop guidance (e.g.,
Health or Consumer Advisory); or (3)
determine no action is necessary.
Timetable:
Action
Date
FR Cite
Preliminary Notice 09/00/05
Final Notice 08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4821;
Agency Contact: Wynne Miller,
Environmental Protection Agency,
Water, 4607M, 4607M, Washington, DC
20460
Phone: 202-564-4887
Fax: 202 564-3760
Email: miller.wynne@epamail.epa.gov
Thomas Carpenter, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
RIN: 2040-AE60
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3286. DRINKING WATER
CONTAMINANT CANDIDATE LIST 2
Priority: Routine and Frequent
CFR Citation: None
Completed:
Reason
Date
FR Cite
Final Notice
02/24/05 70 FR 9017
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Daniel Olson
Phone: 202-564-5239
Fax: 202 564-3760
Email: olson.daniel@epamail.epa.gov
Jitendra Saxena
Phone: 202-564-5243
Fax: 202 564-3760
Email: saxena.jitendra@epamail.epa.gov
RIN: 2060-AD86
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27674
Federal Register/Vol. 70, No. 93/Monday, May 16, 2005/Unified Agenda
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
3287. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688,
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. Coastal Waters. This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. With regard to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820;
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202-566-1288
Fax: 202 566-1546
Email: redford.david@epa.gov
RIN: 2040-AB85
[FR Doc. 05-8794 Filed 05-13-05; 8:45 am]
BILLING CODE 6560-50-S
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