-------
F A;t. .L- • 2 O O 5
Regulatory
and
Semiannual
Regulatory
"The Regulatory Agenda is an important tool for
public participation. An open, transparent regulatory
process is vital as we work toward achieving our goal
of protecting human health and our shared environ-
ment
—Administrator, Stephen L. Johnson
-------
Regulatory Plan Contents
Part 1 : The Statement of Priorities
Part 2: The 32 Actions Described in the Regulatory Plan
Sequence
Number
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
Title
Review of the National Ambient Air Quality
Standards for Particulate Matter
Control of Hazardous Air Pollutants From Mobile
Sources
Clean Air Fine Particle Implementation Rule
Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR):
Allowables Plantwide Applicability Limit (PAL),
Aggregation, and Debottlenecking
Control of Emissions From New Locomotives and
New Marine Diesel Engines Less Than 30 Liters
Per Cylinder
Control of Emissions from Spark-Ignition Engines
and Fuel Systems from Marine Vessels and Small
Equipment
Implementing Periodic Monitoring in Federal and
State Operating Permit Programs
Fuel Economy Labeling of Motor Vehicles:
Revisions to Improve Calculation of Fuel Economy
Estimates
Amendment of the Standards for Radioactive
Waste Disposal in Yucca Mountain, Nevada
Review of the National Ambient Air Quality
Standards for Ozone
Prevention of Significant Deterioration and
Nonattainment New Source Review: Alternative
Applicability Test for Electric Generating Units
Renewable Fuel Standards Requirements for 2006
Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
Notification of Chemical Exports Under TSCA
Section 12(b)
Administrative Reporting Exemption for Certain Air
Releases of NOx
Revisions to the Spill Prevention, Control, and
Countermeasure (SPCC) Rule, 40 CFR Part 112
Regulatory Actions Associated with the Notices of
Data Availability on the Spill Prevention, Control,
Regulation
Identifier
Number
2060-A144
2060-AK70
2060-AK74
2060-AL75
2060-AM06
2060-AM34
2060-ANOO
2060-AN14
2060-AN15
2060-AN24
2060-AN28
2060- AN 51
2070-AC83
2070-AJ01
2050-AF02
2050-AG16
2050-AG23
Rulemaking
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
Proposed Rule
Stage
-------
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
and Countermeasure (SPCC) Rule, 40 CFR Part
112
Expanding the Comparable Fuels Exclusion Under
RCRA
Toxics Release Inventory Reporting Burden
Reduction Rule
Inclusion of Delaware and New Jersey in the Clean
Air Interstate Rule
Rule on Section 126 Petition from NC to Reduce
Interstate Transport of Fine PM and O3; FIPs to
Reduce Interstate Transport of Fine PM & O3;
Revisions to CAIR Rule; Revisions to Acid Rain
Program
Regional Haze Regulations; Revisions to
Provisions Governing Alternative to Source-Specific
Best Available Retrofit Technology (BART)
Determinations
Implementation Rule for 8-Hour Ozone NAAQS -
Phase 2
Test Rule; Testing of Certain High Production
Volume (HPV) Chemicals
Pesticides; Procedures for the Registration Review
Program
Pesticides; Emergency Exemption Process
Revisions
Protections for Test Subjects in Human Research
RCRA Burden Reduction Initiative
Revisions to the Definition of Solid Waste
National Primary Drinking Water Regulations:
Ground Water Rule
National Primary Drinking Water Regulations: Long
Term 2 Enhanced Surface Water Treatment Rule
National Primary Drinking Water Regulations:
2Q50-AG24
2025-AA14
2060-AM95
2060-AM99
2060-AN22
2060-AN23
2070-AD16
2070-AD29
2070-AD36
2070-AD57
2050-AE50
2050-AE98
2040-AA97
2040-AD37
2040-AD38
Proposed Rule
Stage
Proposed Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
Stage
Final Rule
O**-,«.^
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64233
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Priorities
OVERVIEW
The U.S. Environmental Protection
Agency (EPA) is the leading Federal
agency responsible for protecting
human health and the environment.
Since its creation in 1970, EPA has
taken actions that have led to
measurable improvements in air and
water quality, significant reductions in
solid and hazardous wastes, and
limitations on the use of harmful
chemicals and pesticides. It is EPA's
goal to continue to accelerate
environmental progress and to deliver
better, more efficient results while
maintaining our Economic
Competitiveness.
To continue to build on its success,
EPA is focusing on five primary
principles. These principles are:
• Focusing on results;
• Committing to sound science;
• Understanding the importance of
communication;
• Advancing innovation and
collaboration; and,
• Investing in human capital.
EPA's first principle relates to its
commitment to provide the American
people with results. To do this, EPA
must operate efficiently, effectively and
competitively today — as well as
building the necessary framework for
tomorrow. The President's Management
Agenda demands a focus on
environmental results that are effective
and enduring. By focusing on results,
our nation's environment has made
extraordinary gains. In the last four
years alone, under the Bush
Administration:
• Airborne pollutants have declined by
10 percent;
• 1200 industrial sites have been
restored to productive use through the
Brownfields program;
• From 2002 to 2003, toxic chemicals
released into the environment have
declined by 6 percent;
• And in 2004 alone, 800,000 acres of
wetlands were restored or enhanced.
In order to achieve results, EPA works
to make sure every Agency decision is
based on sound science — the same
sound science that is the basis of all its
achievements and the genesis for future
successes. Continuous investment in
sound science is our second principle.
In order to make a good, effective
decision, one must consider and
understand the full range of possibilities
— including all of the strengths and
weaknesses of an option — before
reaching a conclusion. That's part of the
sound science of a decision.
By expanding E-Government, the
Administration and EPA is ensuring
that the federal government is
improving its ability to serve its
citizens. Our third principle is to
advance the credibility of EPA's
decisions by highlighting the sound
science on which all of our actions are
based, and by effectively
communicating to the public how and
why our conclusions are reached. It is
a challenge for anyone practicing good
government to effectively relay your
message, while still staying true to your
founding values — in EPA's case, the
value of sound science.
EPA has been at the forefront of
advancing innovation and has also been
a leader in collaborative problem
solving — its fourth principle.
Collaborative efforts, innovative
programs, education and outreach are
the proven tools for today and
tomorrow. Over the Agency's 35 years,
public perception of environmental
stewardship has evolved from "let the
government take care of it," into an
understanding that protecting our
shared environment is each individual's
responsibility. By promoting a culture of
partnerships over conflicts, EPA is
helping to usher in a new era of
environmental protection. By involving
more participants in the process, we
promote a culture of environmental
stewardship — both in this country and
in others throughout the world.
None of these goals will be achieved
without the help of EPA's dedicated
staff. That is why EPA's fifth principle
is an investment in human capital. The
success of EPA and the health of our
nation's environment is inseparable
from the productivity and creativity of
the Agency's professional staff.
President Bush is the only president, at
least in modern times, that has as a
priority the development of
comprehensive strategy for investing in
human capital.
Helping small businesses improve
environmental performance is a top
priority for EPA. EPA offers a variety of
services for small businesses, including
a toll-free hotline, a semiannual
newsletter, online expert systems, and
for some sectors, compliance assistance
centers that focus on the unique
environmental management issues
facing specific industries. EPA also
maintains a Small Business
Ombudsman which provides a point of
contact for small businesses and ensures
compliance with the Small Business
Paperwork Relief Act of 2002.
EPA continues to focus on
implementing its Small Business
Strategy. By better coordinating small
business activities, EPA aims to improve
its technical assistance and outreach
efforts, minimize burdens to small
businesses in its regulations, and
simplify small businesses' participation
in its voluntary programs. A number of
rules included in this Plan may be of
particular interest to small businesses
(and for a more extensive list of rules
affecting small businesses, please see
appendices B and C to the Regulatory
Agenda which is available at
epa.gov/regagenda.)
Rules Expected to Have a Significant
Impact on a Substantial Number of
Small Entities
Control of Hazardous Air Pollutants
From Mobile Sources (2060-AK70)
Control of Emissions from New
Locomotives and New Marine Diesel
Engines less than 30 liters per Cylinder
(2060-AM06)
Control of Emissions from Spark-
Ignition Engines and Fuel Systems from
Marine Vessels and Small Equipment
(2060-AM34)
National Primary Drinking Water
Regulations: Revisions to the Total
Coliform Monitoring and Analytical
Requirements and Additional
Distribution System Requirements
(2040-AD94)
National Primary Drinking Water
Regulations: Radon (2040-AA94)
National Primary Drinking Water
Regulations: Ground Water Rule (2040-
AA97)
Lead-Based Paint Activities;
Amendments for Renovation, Repair
and Painting (2070-AC83)
Rule on Section 126 Petition from NC to
Reduce Interstate Transport of Fine PM
and O3;FIPs to Reduce Interstate
Transport of Fine PM & O3;Revisions to
the CAIR Rule; Revisions to the Acid
Rain Program (2060-AM99)
Federal Implementation Plans to Reduce
Interstate Transport of Fine Particulate
Matter and Ozone (2060-AM93)
Highlights Of EPA's Regulatory Plan
Office of Air and Radiation
A principal regulatory priority of
EPA's Office of Air and Radiation (OAR)
in 2006 is to protect public health and
the environment from the harmful
-------
64234 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
effects of fine participate matter and
ozone, the two air pollutants that persist
widely in the Nation's air in amounts
that exceed Clean Air Act health
standards. Exposure to these pollutants
is associated with numerous harmful
effects on human health, including
respiratory problems, heart and lung
disease, and premature death. These
pollutants also degrade visibility in
national parks and other scenic areas.
OAR is also working to increase the
effectiveness and efficiency of its
permitting and monitoring programs,
which are among the main mechanisms
through which clean-air protections are
implemented. Finally, OAR is revising
previously-issued safety standards for
nuclear-waste storage in response to a
court decision. These efforts are
described briefly below.
One of OAR's principal vehicles to
mitigate particulate and ozone pollution
is the program to reduce the long-range
transport of the "precursor" pollutants
that drift downwind and form
particulates and ozone. The centerpiece
of this program is the Clean Air
Interstate Rule (CAIR), promulgated in
May of 2005, which will achieve large
reductions in sulfur dioxide and
nitrogen oxide emissions that cause
particulate and ozone pollution in the
eastern half of the nation. This program
will achieve its reductions via State-
managed emissions-reduction programs
in each of the 28 States covered by -
CAIR. In 2006, OAR will develop two
additional rules that complement CAIR.
The first of these is a Federal
Implementation Plan (FIP) that will
provide a backstop for CAIR in cases
where the States fail to act. The second
additional rule will add Delaware and
New Jersey to the group of States
covered by CAIR. OAR is also
developing a related program to
enhance scenic areas by reducing the
particulate pollution that causes
"regional haze," restricting visibility in
those areas. In 2006, this program will
include a rule that will refine the
definition of "Best Available Control
Techology" (BART) for achieving
pollution reductions under the program.
To complement these CAIR-related
rules and help control ozone and
particulate pollution, OAR is
developing two additional rulemakings
as part of its program to reduce
emissions from mobile sources. These
rules will require additional emission
reductions from certain marine vessels,
locomotives, and small equipment and
will add requirements for fuel economy
labeling and ethanol content in gasoline.
These rules will enhance the overall
mobile-source control program that has
already set stringent standards for most
categories of vehicles, engines, and their
fuels.
Even though these Federal rules will
go a long way toward reducing the
ozone and particulate pollution in
America's cities, they can't do the job
alone. Additional State and local control
programs under the Clean Air Act will
need to be instituted or enhanced in
many of the most polluted areas. To
help and guide the States and local
governments in these efforts, EPA is
developing implementation rulemakings
for both ozone and particulates that will
provide technical help and policy
guidance crucial to assuring that State
and local efforts achieve their pollution-
control goals.
OAR also continues to assess new
scientific information that underlies the
National Ambient Air Quality Standards
(NAAQS), which are the centerpiece of
the Clean Air Act and the foundation of
OAR's program. In late 2005, EPA
expects to propose a rule that will
announce the results of the latest review
of the particulate matter NAAQS in the
form of a proposed rule to either revise
or reaffirm the current standard. This
rule will be finalized in 2006. A
companion rule on ozone will follow in
2007.
EPA continues to address toxic air
pollution under authority of the Clean
Air Act Amendments of 1990. The
largest part of the current effort is the
"Residual Risk" program, which is the
second phase of the regulatory program
for major stationary sources of toxic air
pollution and consists of evaluating the
effectiveness of technology-based
standards (which were developed in the
first phase of the program) in reducing
health risks and assessing the need for
additional, more stringent standards to
further reduce health risks. In 2006, we
will propose to create a process by
which facilities can comply with
residual risk standards by
demonstrating that they already pose
low risks. Also in 2006, we will propose
to require additional reductions in toxic
emissions from mobile sources such as
cars and trucks.
Since many air quality programs are
administered through permitting and
monitoring programs, OAR continues to
work toward improving these programs
to increase efficiency and reduce
regulatory burden. Currently, OAR is
continuing to develop rulemakings to
streamline and improve its New Source
Review (NSR) permitting program. This
effort will clarify the circumstances
under which companies must obtain
construction permits before building
new facilities or significantly modifying
existing facilities. These revisions will
provide more regulatory certainty by
clarifying compliance requirements, and
will also make the program easier to
administer while maintaining its
environmental benefits. In developing
these NSR rule revisions, OAR is
drawing upon many years of intense
involvement with major stakeholders,
who have helped shape a suite of
reforms that are expected to both
improve the environmental
effectiveness of these programs and
make them easier to comply with. OAR
is also developing a rulemaking to
clarify and better define the kinds of
monitoring required in Federal and
State operating permit programs.
In 2006, EPA also expects to complete
a rulemaking amending the radiation
standards governing the development of
the Yucca Mountain site in Nevada, the
nation's designated geologic repository
for spent nuclear fuel and high-level
radioactive waste. These standards were
initially issued in 2001 and were
partially remanded by a Federal court in
2004. To address the remand, EPA must
reassess the time frame for compliance
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.
In March 2005, OMB issued a report
entitled "Regulatory Reform of the U.S.
Manufacturing Sector." This report
describes specific actions Federal
agencies are taking to reform regulations
nominated by the public. This report
also includes regulatory actions that
will be taken by OAR.
Office of Environmental Information
A key regulatory priority that OEI is
undertaking is the enactment of burden
reduction for the Toxics Release
Inventory (TRI) reporting community.
The TRI program collects chemical
release and other waste management
data on over 650 chemicals from over
24,000 facilities across the U.S. each
year. To provide TRI reporters with
appropriate burden relief, TRI has
proposed two rulemakings to address
both short-term and longer-term
reporting requirement modifications
while maintaining the practical utility
of the TRI data. Specifically, OEI
proposed the TRI Reporting Forms
Modification Rule to address
noncontroversial modifications to the
TRI reporting requirements (i.e., Form
R). The final rule was published in the
Federal Register on July 12, 2005 (70 FR
39931). OEI published a second
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64235
regulatory proposal examining more
significant reporting modifications with
greater potential impact on reporting
burden in September.
OKI is continuing to assess burden
reduction options that are technically,
practically and legally feasible in order
to meet the goals and statutory
obligations set forth for TRI reporting.
Although the primary goal of the effort
is to reduce burden associated with TRI
reporting, it will also maintain EPA's
commitment to providing valuable
information to the public.
In addition, EPA is committed to
providing electronic means to its
stakeholders to meet EPA's reporting
requirements, specifically through the
Central Data Exchange (CDX) system.
CDX is an integrated system that
provides electronic reporting services to
more than 30,000 users for 16 data flows
in six major EPA media programs, and
is on track to provide electronic
reporting services for all significant
environmental data collections over the
next two years. CDX enables EPA and
participating program offices to work
with stakeholders including State, tribal
and local governments and regulated
industriesto enable streamlined,
electronic submission of data via the
Internet.
By enabling the regulated community
to utilize CDX as a reporting tool, the
TRI Program has seen a 43% increase in
the number of reports submitted to EPA
via CDX for TRI Reporting Year 2004
when compared to Reporting Year 2003.
To take advantage of CDX's paperless
reporting feature, TRI reporters must use
the EPA-provided TRI Made-Easy (TRI-
ME) Software. For Reporting Year 2004,
95 percent of all facilities used TRI-ME
to prepare their reports. This upward
trend toward greater Internet reporting
via CDX is great news for the TRI
program. Money saved from processing
more-costly hard-copy paper
submissions to TRI can now be
reinvested in helpful tools and
automated data quality checks to assist
facilities and in ways to provide greater
electronic means of accessing TRI data.
CDX also promulgated a number of
new data flows, including the Office of
Water's Stormwater Electronic Notice of
Intent (an electronic permit
application), the Office of Solid Waste
and Emergency Response's Risk
Management Plan WebRC (electronic
updates of emergency contact
information), and the Office of
Prevention, Pesticides, and Toxic
Substances' Lead Request for
Certification (payment transactions
online).
CDX is EPA's point of presence on the
Environmental Exchange Network,
known as the "Node." Using CDX, EPA
has worked with States to provide the
technical specifications and exchange
protocols for the Network. CDX
provides support services, including
node building, security and
authentication and help desk. OEI is
working with the major programs to
deploy their data flows as node
exchanges, using XML and web
services. These efforts are some
examples of EPA's commitment to the .
collection and dissemination of the
highest quality of environmental
information.
Office of Prevention, Pesticides, and
Toxic Substances
EPA's Office of Prevention, Pesticides,
and Toxic Substances (OPPTS) plays an
important role in protecting public
health and the environment from
potential risk from pesticides and
chemicals. In addition to the daily
activities related to our licensing
programs and non-rulemaking activities,
OPPTS has identified several regulatory
priorities for the coming fiscal year.
In 2006, OPPTS will begin
implementing a new program, mandated
by section 3(g) of the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), to review the registrations
of all pesticides at least once each 15
years. The registration review program
will replace the tolerance reassessment
program (ending in 2006) and
reregistration program that will end in
2008. Registration review will become
the Agency's program to evaluate and
manage the risks posed by existing
pesticides. FIFRA section 3(g) requires
the Agency to establish procedural
regulations for this registration review
program. A proposed rule was
published in July 2005, and a final rule
is planned for the fourth quarter of
2006. Promulgation of a procedural
regulation is a high priority and
necessary in order to achieve a smooth
transition into the new registration
review program.
In 2005, OPPTS issued the first in a
series of proposals to update and revise
the regulations that provide the data
requirements for the registration of
pesticide products. The 2005 proposal
addressed data requirements for
conventional chemical pesticides.
Subsequent proposals are planned for
antimicrobial, biochemical, microbial
pesticides, and plant-incorporated
protectants. The data that is required for
pesticide registrations forms the basis
for the Agency's pesticide risk
assessment and licensing decisions.
Although the Agency has kept pace with
evolving scientific understanding of
pesticide risks by requiring the
submission of the data needed on a
case-by-case basis, the 1984 regulations
have not been updated to reflect these
data needs.
EPA regulations under section 18 of
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. By early 2006, EPA expects
to finalize a 2004 proposal that 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.
OPPTS will propose changes to the
Federal regulations for the certified
pesticide applicator program (CPAP).
Many changes in State programs have
occurred since the CPAP regulations
were promulgated in the 1970s, such
that state programs go beyond the
current Federal regulations in training
and certifying pesticide applicators. The
Agency anticipates revisions that will
broaden the scope of the certification
program to include additional
occupational users. The Agency expects
these changes will strengthen the
regulations to better protect pesticide
applicators and the public.
EPA has issued a proposed rule to
categorically ban intentional dosing
human testing for pesticides when the
subjects are pregnant women or
children, to formalize and further
strengthen existing protections for
subjects in human research conducted
or supported by EPA, and to extend new
protections to adult subjects in
intentional dosing human studies for
pesticides conducted by others who
intend to submit the research to EPA.
This proposal, the first of several
possible Agency actions, focuses on
third-party intentional dosing human
studies for pesticides in response to the
specific requirements of EPA's FY2006
Appropriations Act, but invites public
comment on alternative approaches
with broader scope. This rule is being
promulgated on an accelerated schedule
-------
64236 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
because EPA is required by the FY 2006
Appropriations Act, signed by the
President on August 2, 2005, to
promulgate a final rule within 180 days
of enactment, or by January 29, 2006.
The Agency launched the HPV
Initiative in April 1998 to collect or,
where necessary, develop basic
screening level hazard data necessary to
provide critical information about the
environmental fate and potential
hazards associated with high production
volume (HPV) chemicals, defined as
organic chemicals manufactured
(including imported) at or above 1
million pounds per year based on
information submitted under the 1990
Inventory Update Rule established
pursuant to the Toxic Substances
Control Act (TSCA). Data collected
and/or developed under the HPV
Initiative will provide critical basic
information about the environmental
fate and potential hazards associated
with these chemicals which, when
combined with information about
exposure and uses, will allow the
Agency and others to evaluate and
prioritize potential health and
environmental effects and take
appropriate follow up action. The HPV
Initiative includes a voluntary
component, the HPV Challenge
Program, and rulemaking under TSCA.
Under the voluntary HPV Challenge
Program component, to date, 368
individual companies, 104 consortia
and the International Council of
Chemical Associations (ICCA) have
committed to sponsoring 2,244 of the
estimated 2,800 HPV chemicals
included in the HPV initiative. In early
2006, OPPTS expects to issue a final
rulemaking under TSCA that will
require testing for a number of the HPV
chemicals that were not sponsored as
part of the voluntary HPV Challenge
Program.
Childhood lead poisoning is a
pervasive problem in the United States,
with approximately 310,000 young
children estimated to have more than 10
ug/dl of lead in their blood (Center for
Disease Control's level of concern).
Although there have been dramatic
declines in blood-lead levels due to
reductions of lead in paint, gasoline and
various food sources, remaining lead-
based paint in older houses continues to
be a significant source of childhood lead
poisoning. Section 402(c) of TSCA
directs EPA to address renovation and
remodeling activities and to revise the
lead-based paint activities regulations to
include renovation or remodeling
activities that create lead-based paint
hazards. To address these directives, the
Agency is developing a comprehensive
program for the management of
renovation, repair and painting
activities involving lead based paint
hazards. The program will be comprised
of a combination of approaches
including an extensive education and
outreach campaign for lead-safe work
practices and training for industry, an
outreach campaign designed to expand
consumer awareness and create demand
for the use of lead-safe work practices
and the proposal of regulatory
requirements. Specifically, the Agency
will be proposing regulatory
requirements for renovation, repair and
painting contractors involved in
activities where, as a result of their
work, lead hazards are created.
Evidence suggests that environmental
exposure to man-made chemicals that
mimic hormones (endocrine disruptors)
may cause adverse health effects in
human and wildlife populations. The
Food Quality Protection Act directed
EPA to develop a chemical screening
program (the Endocrine Disrupter
Screening Program, EDSP), using
appropriate validated test systems and
other scientifically relevant information,
to determine whether certain substances
may have hormonal effects in humans.
OPPTS is implementing
recommendations from a scientific
advisory committee, which was
established to advise EPA on the EDSP,
by developing and validating test
systems for determining whether a
chemical may have effects similar to
those produced by naturally occurring
hormones. As part of this program EPA
is also designing a regulatory framework
for procedures and processes to use
when implementing the EDSP, and will
develop an initial list of chemicals for
which testing will be required. In late
2006, EPA anticipates publishing the
draft procedures and processes for use
in implementing the screening and
testing phase of the EDSP.
As part of OMB's Regulatory Reform
of the U.S. Manufacturing Sector (2005)
report, commenters expressed concern
that the existing TSCA section 12(b)
regulations do not provide a low-level
cut-off for the export notification
requirements. In response to that
comment, EPA committed to OMB that
it would consider potential changes to
the TSCA §12(b) regulation within the
scope of existing statutory authority and
issue a proposed amendment to address
the concern expressed by January 2006.
Legislation is currently still pending to
address the implementation in the U.S.
of the Rotterdam Convention on Prior
Informed Consent (PIC), which includes
export notification requirements.
In response to other commenters to
the OMB 2005 Report, EPA has worked
with stakeholders to address the
commenters' request that EPA clarify
the disposal requirements for small PCS
remediation waste containing small
amounts of PCBs and clarify that risk-
based screening criteria can be used to
determine the clean-up standards for a
specific site. EPA submitted a plan to
OMB in September 2005 that describes
the steps it will take in FY2006 to
address the requested clarifications.
EPA also agreed to conduct
preliminary analysis of the use of
mercury-containing switches in
convenience lights and braking systems
installed in new cars and identify viable
non-mercury alternatives for use in
TSCA rulemaking and voluntary
activities. EPA is committed to making
a determination on appropriate
regulatory and/or voluntary approaches
for addressing mercury switches and
other parts in automobiles by the
Fall/Winter 2005. As a result of the
analysis mentioned above, EPA has
made a determination to propose a
TSCA Section 5 Significant New Use
Rule (SNUR) in FY2006, for certain
discontinued uses of mercury switches
in automobiles.
Office of Solid Waste and Emergency
Response
The Office of Solid Waste and
Emergency Response has a number of
high priority regulatory initiatives. Two
consistent themes can be found in these
initiatives: Integrating a culture of
innovations in all our rulemakings and
reducing burden on the regulated
community to focus resources on
environmental results. Both of these
themes directly support the
Administrator's goals for land
preservation and restoration and the use
of innovative methods to promote
environmental stewardship.
To promote innovation through
rulemaking, EPA is considering
expanding the comparable fuels
program. This program allows specific
industrial wastes to be excluded from
the Resource Conservation and
Recovery Act (RCRA) when they are
used for energy production and do not
contain hazardous constituent levels
exceeding those in a typical benchmark
fuel that facilities would otherwise use.
If EPA is successful in finding other
industrial wastes that could be used for
energy, this would not only save energy
by reducing the amount of hazardous
waste that would be otherwise treated
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64237
and disposed, but also promote energy
production from a domestic, renewable
source and reduce our use of fossil
fuels. EPA is also examining the
effectiveness of the current comparable
fuel program.
EPA is seeking to revise the definition
of solid waste in another innovation
effort. For instance, EPA is looking at
how to identify materials remaining in
use in a continuous process in the
generating industry so that they are not
solid waste. The Agency is also
considering other approaches that will
increase the safe recycling of hazardous
waste.
To reduce burden on the regulated
community, Agency efforts are
underway to eliminate duplicative and
non-essential paperwork burden
imposed by RCRA reporting and
recordkeeping requirements. The
regulatory changes being developed will
have minimal impact on the many
protections that EPA has established
over the years for human health and the
environment.
EPA is also considering a means to
address the frequency and level of
reporting nitrogen oxides under the
Comprehensive Environmental
Response, Compensation and Liability
Act and the Emergency Planning and
Community Right-to-Know Act. The
Agency is considering reducing burden
by either (1) using more efficiently the
continuous release reporting mechanism
or (2) granting an administrative
reporting exemption for certain releases
of nitrogen oxides.
EPA plans to issue new guidance and
propose a rule concerning the Spill
Prevention, Control, and
Countermeasure(SPCC) Plan
requirements. The guidance document
will provide clarification and
compliance assistance to facilities
subject to SPCC. The rule will propose
compliance flexibility for facilities that
store small amounts of petroleum, while
continuing to prevent potential
discharges to navigable waters of the
United States or adjoining shorelines.
All these rulemaking efforts support
reform nominations mentioned in
OMB's 2004 Report to Congress on the
Costs and Benefits of Regulations. In
addition, the rule seeking burden
reduction of duplicative and non-
essential paperwork burden under
RCRA was also mentioned in the 2002
Report to Congress.
Office of Water
EPA's Office of Water's primary goals
are to ensure that drinking water is safe;
restore and maintain oceans,
watersheds, and their aquatic
ecosystems to protect human health;
support economic and recreational
activities; and provide healthy habitat
for fish, plants, and wildlife. In order to
meet these goals, EPA has established a
number of regulatory priorities for the
coming year. They include rules
affecting cooling water intakes and
drinking water.
On November 1, 2004, EPA proposed
rules to control adverse environmental
impacts associated with cooling water
intakes. Many power plants and
factories withdraw large volumes of
water from rivers, lakes, or other water
bodies to cool production equipment.
As required by the Clean Water Act,
EPA must ensure that the location,
design, construction and capacity of
these cooling water intake structures
reflect the best technology available for
minimizing adverse environmental
impact. The proposed rule sets
standards to protect fish, shellfish and
other forms of aquatic life and provides
flexibility by offering several
alternatives for facilities to comply. This
is the third in a series of rules designed
to reduce harm to aquatic life that is
taken up with cooling water. This phase
of rulemaking may affect certain
existing manufacturing facilities and
new offshore and coastal oil and gas
extraction facilities that use cooling
water intake structures, and whose
intake flow levels exceed one of the
three proposed minimum thresholds.
EPA sought public comment on this
proposal for 120 days. EPA intends to
take final action on June 1, 2006.
Finally, EPA is developing three rules
to protect the safety of drinking water.
First, EPA is developing a final Long
Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR). This rule
would reduce risks from microbial
pathogens, especially Cryptosporidium,
in public water systems that use surface
water sources. LT2ESWTR provisions
would target systems where current
standards do not provide sufficient
protection, including both filtered
systems with elevated source water
pathogen levels and unfiltered systems.
Second, EPA plans to finalize the
Ground Water Rule, a rule that
addresses fecal contamination in public
water systems served by ground water
sources. Finally, EPA is developing a
final Stage 2 Disinfectants and
Disinfection Byproducts Rule to control
exposure to disinfection byproducts
beyond the requirements of the Stage 1
Disinfectants and Disinfection
Byproducts Rule. This rule will respond
to new data the Agency has received on:
Disinfection byproduct occurrence;
bladder, colon, and rectal cancer; and
possible reproductive and
developmental health effects.
EPA
PROPOSED RULE STAGE
100. 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 a
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
-------
64238 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
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.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for particulate matter are to
be reviewed every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for particulate matter are
whether to reaffirm or revise the
existing standards.
Anticipated Cost and Benefits:
Costs and benefits of revising or
reaffirming the national ambient air
quality standards for particulate matter
cannot be determined at present; a
regulatory impact analysis will be
conducted along with the review of the
standards.
Risks:
The current national ambient air
quality standards for particulate matter
are intended to protect against public
health risks associated with morbidity
or premature mortality from
cardiopulmonary disease. During the
course of this next review, a risk
assessment will be conducted to
evaluate health risks associated with
retention or revision of the particulate
matter standards.
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://www.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@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@epa.gov
RIN: 2060-AI44
EPA
101. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 7521
CFR Citation:
40 CFR Part 80; 40 CFR Part 86
Legal Deadline:
None
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 pollutanls 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.
Statement of Need:
EPA has been directed by Congress
under CAA section 2.2(1) to require
motor vehicle and/or fuel standards.
The statute requires the use of the
greatest emissions reduction achievable
through the use of technology. At a
minimum, this applies to benzene and
formaldehyde, EPA is to revise
regulations "from time to time."
Summary of Legal Basis:
The Agency is currently negotiating a
rulemaking schedule with plaintiffs
stemming from a lawsuit brought by the
Sierra Club arid US PIRG. Recently the
court ruled for the plaintiffs that EPA
had a mandatory duty to meet the
deadline established in the first MSAT
rule (FRM in [uly 2004).
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64239
Alternatives:
A range of alternatives for the various
fuel control options are being discussed
as part of the rulemaking development
process. Alternatives include more
stringent standards for benzene control.
Anticipated Cost and Benefits:
There are potential significant health
and welfare benefits associated with the
mobile air toxics rule. Costs and
benefits, including an analysis of the
energy impacts as appropriate, will be
developed as part of the rulemaking
process.
Risks:
Impacts of the proposed standards on
health indicators will be discussed as
part of the rulemaking development.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/06
02/00/07
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.christopher@epamail.epa.gov
RIN: 2060-AK70
EPA
102. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Priority:
Other Significant
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.
Statement of Need:
This rule is needed in order to provide
guidance to State and local agencies in
preparing State implementation plans
(SIPs) designed to bring areas into
attainment with the 1997 PM-2.5
standards. The implementation
requirements for nonattainment areas
are generally described in subpart 1 of
section 172 of the Clean Air Act. This
rule provides further interpretation of
those requirements for the PM-2.5
standards.
Summary of Legal Basis:
42 USC 7410 and 42 USC 7501 et seq.
Alternatives:
Alternatives will be explored as the
proposal is developed.
Anticipated Cost and Benefits:
This information will be provided as
the proposal is developed.
Risks:
The risks addressed by this rule are
those addressed by the 1997 NAAQS
rule — i.e., the health and
environmental risks associated with
nonattainment of the NAAQS. These
risks were summarized in detail in the
analyses accompanying the 1997
NAAQS rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/05
11/00/06
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
C5 04-02
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
C-504-02
Research Triangle Park, NC 27711
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AK74
EPA
103. 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
-------
64240 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
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.
Statement of Need:
The current New Source Review
program provides for emissions from
multiple projects to be aggregated
(aggregation) as one single project
under certain circumstances. Similarly,
when making a PSD applicability
calculation, emissions from units
whose effective capacity and potential
to emit have been increased as a result
of a modification to another unit
(debottlenecked units), must be
included in the initial PSD
applicability calculations. Specific
questions regarding the application of
these two terms have been addressed
on a case-by-case basis. By completing
this rulemaking, regulated entities and
regulatory agencies will be provided an
additional level of certainty in
addressing applicability issues. In
December 2002 we promulgated NSR
rules for a Plantwide Applicability
Limit (PAL) based on actual emissions
that apply to existing major stationary
sources. In 2005, we will propose an
allowables PAL based on a facility's
allowable emissions mainly for
greenfield sources. If a company
commits to keep its facility emissions
below allowable PAL levels, then these
regulations will allow the plant owners
to avoid the NSR permitting process
when they make changes at individual
units at the plant, as long as the total
emissions from the facility will not
increase. This would provide flexibility
for sources to respond rapidly to
market changes without compromising
environmental protection.
Summary of Legal Basis:
42 USC 741l(a)(4)
Alternatives:
Alternatives will be developed as the
rulemaking proceeds.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as appropriate as the
rulemaking proceeds.
Risks:
Risk information will be developed as
appropriate as the rulemaking proceeds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/06
02/00/07
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
MD C3 04-04
Research Triangle Park, NC 27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epamail.epa.gov
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
RIN: 2060-AL75
EPA
104. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Priority:
Economically Significant. Major under
5 USC 801.
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.
Statement of Need:
Further reductions in nitrogen oxide
(NOx) and particulate emissions are
needed to help States attain national
air-quality standards for particulates
and for ozone, for which NOx is a
precursor.
Summary of Legal Basis:
42 U.S.C. 7547
Alternatives:
Alternatives will be developed as the
rulemaking proceeds. We recently
issued an Advanced Notice of Proposed
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64241
Rulemaking to gather ideas and
comments from the interested public.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as the rulemaking proceeds.
Due to the relatively small number of
engines involved, it is likely that the
annualized cost of the rule will be less
than $100 million.
Risks:
The risks addressed by this rule are
primarily those resulting from exposure
to particulate matter and ozone. Risk
information will be quantified as the
rulemaking proceeds.
Timetable:
Action
Date
FR Cite
Abstract:
In this action, we are proposing exhaust
emission standards for spark-ignition
marine engines and small land-based
engines (<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.
ANPRM
NPRM
Final Action
06/29/04
07/00/06
06/00/07
69 FR 39276 Statement of Need:
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 4871;
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
EPA
105. CONTROL OF EMISSIONS FROM
SPARK-IGNITION ENGINES AND
FUEL SYSTEMS FROM MARINE
VESSELS AND SMALL EQUIPMENT
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7521-760l(a)
CFR Citation:
40 CFR 90
Legal Deadline:
NPRM, Statutory, December 1, 2004.
Final, Statutory, December 31, 2005.
EPA has been directed by Congress to
set new emission requirements for
small spark-ignition (gasoline) engines.
The Agency has previously acted to set
standards for these nonroad engine
source categories as there are
significant health and welfare benefits
associated with such controls. Even
with existing standards, these sources
continue to be contributors to air
pollution inventories and further
reductions will be helpful to State and
local governments and tribes in their
development of National Ambient Air
Quality Standards plans.
Summary of Legal Basis:
Section 213 of the Clean Air Act gives
EPA authority to set emissions
requirements for nonroad engines. The
engines covered under this proposed
rulemaking are all considered nonroad
engines. California may set its own
emissions standards - unlike other
mobile source categories, States are
prohibited from adopting California
emission standards for small spark
ignition engines below 50 horsepower.
Alternatives:
A range of alternatives for the various
exhaust and evaporative emissions
standards is being discussed as part of
the rulemaking development process.
Alternatives include more stringent
standards and different time frames for
adopting the new requirements.
Anticipated Cost and Benefits:
There are potential significant health
and welfare benefits associated with
additional emissions control
requirements for small spark-ignition
engines. New standards can potentially
achieve reductions in VOC emissions
as well as other pollutants. Costs and
benefits will be quantified and reported
as part of the rulemaking process.
Risks:
Impacts of the proposed standards on
health indicators will be discussed as
part of the rulemaking development.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/06
01/00/07
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
Ann Arbor, MI 48105
Phone: 734 214^408
Email: passavant.glenn@epamail.epa.gov
RIN: 2060-AM34
EPA
106. 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 CFR 71.6(c)(l); 40
CFR 64
Legal Deadline:
None
Abstract:
This rule would revise the Compliance
Assurance Monitoring rule (40 CFR part
64) to be implemented through the
operating permits rule (40 CFR Parts 70
and 71) to define when periodic
monitoring for monitoring stationary
source compliance 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
-------
64242
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
(published January 22, 2004) to address
monitoring inadequacies. The four
steps were: 1) To clarify the role of title
V permits in monitoring [Umhrella
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. A draft rule and preamble
are scheduled for completion in
October 2005. Nine States were
solicited for monitoring requirements
data in July for use in cost/benefits
analysis.
Statement of Need:
The "periodic monitoring" rules, 40
CFR 70.6(a)(3)(i)(BJ and 7l.6(a)(3)(i)(B),
require that [wjhere the applicable
requirement does not require periodic
testing or instrumental or
noninstrumental monitoring (which
may consist of recordkeeping designed
to serve as monitoring), [each title V
permit must contain] periodic
monitoring sufficient to yield reliable
data from the relevant time period that
are representative of the source's
compliance with the permit, as
reported pursuant to [§ 70.6(a)(3)(iii) or
§ 71.6(aJ(3)(iii)]. Such monitoring
requirements shall assure use of terms,
test methods, units, averaging periods,
and other statistical conventions
consistent with the applicable
requirement. Recordkeeping provisions
may be sufficient to meet the
requirements of [§70.6(a)(3)(i)(B) and
§71.6(a)(3)(i)(B}]." Sections 70.6(c)(l)
and 71.6(c)(l), called the umbrella
monitoring rule, require that each title
V permit contain, "[consistent with
paragraph (a)(3) of this section,
compliance certification, testing,
monitoring, reporting, and
recordkeeping requirements sufficient
to assure compliance with the terms
and conditions of the permit." On
January 22, 2004 (69 Federal Register
3202), EPA announced that the Agency
has determined that the correct
interpretation of §§ 70.6(c)(l) and
71.6(c)(l) is that these sections do not
provide a basis for requiring or
authorizing review and enhancement of
existing monitoring in title V permits
independent of any review and
enhancement as may be required under
the periodic monitoring rules, the CAM
rule (40 CFR part 64)(62 FR 54900,
October 22, 1997) where it applies, and
other applicable requirements under
the Act. 11 This action is to publish a
separate proposed rule to address what
monitoring constitutes periodic
monitoring under §§ 70.6(a)(3)(i)(B) and
71.6(a)(3)(i)(B) and what types of
monitoring should be created under
these provisions. The intended effect of
the rule revisions in this proposal is
to focus case-by-case reviews on those
applicable requirements for which we
can identify potential gaps in the
existing monitoring provisions.
Summary of Legal Basis:
Section 502(b)(2) of the Act requires
EPA to promulgate regulations
establishing minimum requirements for
operating permit programs,'including
"[m]onitoring and reporting
requirements." 42 U.S.C. § 7661a(b)(2).
Second, section 504(b) authorizes EPA
to prescribe "procedures and methods"
for monitoring "by rule." 42 U.S.C. §
7661c(b). Section 504(b) provides: "The
Administrator may by rule prescribe
procedures and methods for
determining compliance and for
monitoring and analysis of pollutants
regulated under this Act, but
continuous emissions monitoring need
not be required if alternative methods
are available that provide sufficiently
reliable and timely information for
determining compliance. . . ." Other
provisions of title V refer to the
monitoring required in individual
operating permits. Section 504(c) of the
Act, which contains the most detailed
statutory language concerning
monitoring, requires that "[e]ach [title
V permit] shall set forth inspection,
entry, monitoring, compliance
certification, and reporting
requirements to assure compliance with
the permit terms and conditions." 42
U.S.C. § 7661c(c). Section 504(c)
further specifies that "[s]uch
monitoring and reporting requirements
shall conform to any applicable
regulation under [section 504(b)]. . . ."
Section 504(a) more generally requires
that "[e]ach [title V permit] shall
include enforceable emission
limitations and standards, . . . and such
other conditions as are necessary to
assure compliance with applicable
requirements of this Act, including the
requirements of the applicable
implementation plan." 42 U.S.C. §
7661c(a).
Alternatives:
Some existing monitoring required
under applicable requirements could be
improved and will be addressed in
connection with both the upcoming
PM2.5 implementation rulemaking and
by improving monitoring in certain
federal rules or monitoring in SIP rules
not addressed in connection with the
PM2.5 implementation guidance or
rulemaking over a longer time frame.
Anticipated Cost and Benefits:
We are assessing the benefits associated
with improved monitoring including
the reduction in source owner response
time to potential excess emissions
problems. Such reduced response time
to take corrective action that will be
required by the rule will result in
measurable emissions reductions that
will be balanced against the cost of
increased equipment, data collection,
and recordkeeping costs. We estimate
the total costs of the rule to be less
than $100 million.
Risks:
There are no environmental and health
risks associated with implementing this
monitoring rule; the underlying rules
with emissions limits address those
risks for each subject source category.
The effect of the monitoring resulting
from this rule will be to reduce the
occurrence of excess emissions
episodes that raise such risks.
Timetable:
Action
Date
FR Cite
NPRM
12/00/05
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 Radial-ion
C3 39-02
Research Triangle Park, NC 27711
Phone: 919 541-1058
Email: westlin.peter@epamail.epa.gov
Robin Langdon
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone: 919 541-4048
Email: langdon.robin@epamail.epa.gov
RIN: 2060-ANOO
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64243
EPA
107. FUEL ECONOMY LABELING OF
MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Priority:
Other Significant
Legal Authority:
15 USC. 2001-2003; 15 USC
2005-2006; 15 USC 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
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
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.
Statement of Need:
Numerous studies indicate that EPA's
fuel economy estimates may be
overestimated, in some cases
significantly so. For example, a recent
Consumer Reports study found that 90
percent of the vehicles they tested fell
short of EPA estimates. Some vehicles
fell short of EPA's city estimate by as
much as 35 to 50 percent. The
American Automobile Association
(AAA) has similarly undertaken fuel
economy studies, indicating a similar
discrepancy. Although these studies
differ in their test methods and driving
conditions, they do suggest that EPA's
approach to estimating fuel economy
can be improved to better reflect real-
world driving. Bluewater Network
petitioned EPA to revise the
methodology for estimating fuel
economy, and over 10,000 comments
filed with EPA support improving the
accuracy of the fuel economy labels
that appear on new vehicles.
A fundamental issue is that today's test
methods do not represent real-world
driving conditions. For example, the
highway test has a top speed of only
60 miles per hour, the city and
highway tests are run at mild climatic
conditions (75 deg F), acceleration rates
are mild due to equipment limitations
of the 1970's, and neither test is run
with accessory use such as air
conditioning. In the 1990's EPA added
new emission tests after documenting
a disconnect between existing test
procedures and characteristics of real-
world driving, but fuel economy tests
remained unchanged. These new
emission tests capture the effects of
higher speeds, more aggressive
acceleration rates, and the use of air
conditioning at higher temperatures.
Additionally, cars and automotive
technology have evolved since 1985,
the last time EPA adjusted the fuel
economy label methodology. The
penetration of air conditioning in the
automotive fleet, for example, has
increased significantly. The
performance and weight of automobiles
has steadily increased for the last 25-
30 years. Since 1985, acceleration rates
have improved by 30 percent on
average, average horsepower has
increased by about 75 percent, and
average vehicle weight has increased by
about 25 percent. Driving conditions
have also changed, with longer
commutes and more time spent in
slow, high-traffic conditions. All these
factors have the potential of affecting
fuel economy.
Summary of Legal Basis:
Section 774 of the Energy Policy Act
of 2005 Congress requires EPA to
update the fuel economy label
calculation methodology to reflect a
variety of factors not currently
accounted for in the existing test
procedures. Section 774 directs EPA to
".. .update or revise the adjustment
factors in sections 600.209-85 and
600.209-95, of the Code of Federal
Regulations, CFR Part 600 (1995) Fuel
Economy Regulations for 1977 and
Later Model Year Automobiles to take
into consideration higher speed limits,
faster acceleration rates, variations in
temperature, use of air conditioning,
shorter city test cycle lengths, current
reference fuels, and the use of other
fuel depleting features."
Alternatives:
We are considering several broad
options (note that none of these options
would impact the calculation of fuel
economy for Corporate Average Fuel
Economy (CAFE) requirements). These
include:
\. Take No Action
2. Revise Current Adjustment Factors
3. Add New Fuel Economy Tests to
Current Tests
4. Propose New Test Procedures for
Fuel Economy and Emissions
Anticipated Cost and Benefits:
Costs and benefits will be quantified
and reported as part of the rulemaking
process.
Risks:
There are no anticipated risk impacts
associated with this action.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
01/00/06
12/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
-------
64244 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
Additional Information:
SAN No. 4962;
Agency Contact:
Roberts French
Environmental Protection Agency
Ait and Radiation
1200 Pennsylvania Ave
Washington, 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, NW
Washington, DC 20460
Phone: 734 214-4781
Fax: 734 214-4816
Email: french.roberts@epa.gov
RIN: 2060-AN14
EPA
108. 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 (NRG). 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.
Statement of Need:
Congress selected Yucca Mountain as
the Nation's only candidate site for a
repository for nuclear spent fuel and
high-level radioactive waste. The
Energy Policy Act of 1992 requires EPA
to set Yucca-Mountain-specific
standards. Standards were promulgated
in 2001. In July 2004, the DC Circuit
Court returned the standards to EPA for
reconsideration of the regulatory time
frame.
Summary of Legal Basis:
The Energy Policy Act of 1992 requires
EPA to set Yucca-Mountain-specific
standards. Standards were promulgated
in 2001. In July 2004, the DC Circuit
Court returned the standards to EPA for
reconsideration of the regulatory time
frame.
Alternatives:
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.
Alternatives addressing that
recommendation will be developed as
the rulemaking proceeds.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as the rulemaking proceeds.
Risks:
Risk information will be developed as
the rulemaking proceeds.
Timetable:
Action
Date
FR Cite
NPRM 10/00/05
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: 202 343-2503
Email: lee.rayrnond@epa.gov
RIN: 2060-AN15
EPA
109. • REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7408; 42 USC7409
CFR Citation:
40 CFR 50
Legal Deadline:
Final, Statutory, July 18, 2002, CAA
Amendments of 1977.
NPRM, Judicial, March 28, 2007,
Consent Decree.
Final, Judicial, December 19, 2007,
Consent Decree.
Abstract:
The Clean Air Act Amendments of
1977 require EPA to review and, if
necessary, revise National Ambient Air
Quality Standards (NAAQS)
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64245
periodically. On July 18, 1997, the EPA
published a final rule revising the
NAAQS for ozone. The primary and
secondary NAAQS were strengthened
to provide increased protection against
both health and environmental effects
of ozone. The EPA's work
plan/schedule for the next review of
the ozone Criteria Document was
published on November 2002. The first
external review draft Criteria
Document, a rigorous assessment of
relevant scientific information, was
released on January 31, 2005. The
EPA's Office of Air Quality Planning
and Standards will prepare a Staff
Paper for the Administrator, which will
evaluate the policy implications of the
key studies and scientific information
contained in the Criteria Document and
additional technical analyses, and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The Criteria
Document and Staff Paper will be
reviewed by the Clean Air Scientific
Advisory Committee and the public,
and both final documents will reflect
the input received through these
reviews. As the ozone NAAQS review
is completed, the Administrator's
proposal to reaffirm or revise the ozone
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.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for ozone are to be reviewed
every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"criteria" pollutants). The "primary"
standards are established for the
protection of public health, while
"secondary" standards are to protect
against public welfare or ecosystem
effects.
Alternatives:
The main alternatives for the
Administrator's decision on the review
of the national ambient air quality
standards for ozone are whether to
reaffirm or revise the existing
standards.
Anticipated Cost and Benefits:
Costs and benefits of revising or
reaffirming the national ambient air
quality standards for ozone cannot be
determined at present; a regulatory
impact analysis will be conducted
along with the review of the standards.
Risks:
The current national ambient air
quality standards for ozone are
intended to protect against public
health risks associated with morbidity
and/or premature mortality and public
welfare risks associated with adverse
vegetation and ecosystem effects.
During the course of this review, risk
assessments will be conducted to
evaluate health and welfare risks
associated with retention or revision of
the ozone standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/07
12/00/07
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Federalism:
Undetermined
Additional Information:
SAN No. 5008;
Agency Contact:
David McKee
Environmental Protection Agency
Air and Radiation
C 539-01
Research Triangle Park NC, DC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@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@epa.gov
RIN: 2060-AN24
EPA
110. • PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: ALTERNATIVE
APPLICABILITY TEST FOR ELECTRIC
GENERATING UNITS
Priority:
Other Significant
Legal Authority:
Clean Air Act, Title I Parts C and D
and Section lll(a)(4)
CFR Citation:
40 CFR Part 51; 40 CFR Part 52
Legal Deadline:
None
Abstract:
This rulemaking would create an
alternative applicability test for existing
electric generating units (EGUs) that are
subject to the regulations governing the
Prevention of Significant Deterioration
(PSD) and nonattainment major New
Source Review (NSR) programs
mandated by parts C and D of title I
of the Clean Air Act (CAA). This
alternative applicability test would be
available for EGUs that are also subject
to the EPA-administered Clean Air
Interstate Rule (CAIR) NOx Annual
Trading Program or the CAIR SO2
Trading Program. This alternative
applicability test could be extended to
other CAIR and non-CAIR EGUs. For
existing major stationary sources, the
NSR base program applicability test is
applied when the source proposes to
modify an emissions unit such that the
change is a physical change or change
in the method of operation, and the test
compares actual emissions to either
potential emissions or projected actual
emissions. Under this rulemaking's
alternative NSR applicability test (a
maximum hourly test like that used in
the NSPS program), we would compare
the EGU's maximum hourly emissions
(considering controls) before the change
for the past 5 years to the maximum
hourly emissions after the change.
Statement of Need:
Utilization of this rulemaking's
alternative NSR applicability test for
existing EGUs would encourage
increased utilization at the more
efficient units by displacing energy
production at less efficient ones.
Summary of Legal Basis:
Parts C and D of title I of the Clean
Air Act; CAA section lll(a)(4)
-------
64246 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
Alternatives:
The proposed basis for the applicability
test is a comparison of maximum
hourly emissions, which will enhance
the implementation and environmental
benefits for existing EGUs. We request
comment on alternative bases for an
alternative applicability test.
Anticipated Cost and Benefits:
Cost and benefit information will be
developed as appropriate, as the
rulemaking proceeds.
Risks:
Risk information will be developed as
appropriate, as the rulemaking
proceeds.
Timetable:
Action
Date FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
SAN No. 4794.2; Split from RIN 2060-
AM95.
URL For More Information:
www.epa.gov/nsr
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-AN28
EPA
111. • RENEWABLE FUEL
STANDARDS REQUIREMENTS FOR
2006
Priority:
Other Significant
Legal Authority:
PL 109-58, sec 1501
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
The Energy Policy Act of 2005 (the
"Act"), signed into law on August 8,
2005, requires EPA to promulgate
regulations implementing the
Renewable Fuels Standard (RFS) within
one year of enactment. The RFS
requires specific volumes of renewable
fuel to be in gasoline sold in the U.S.
starting with 4.0 billion gal/yr in 2006
up to 7.5 billion gal/yr in 2012. The
Act provides that if EPA fails to
promulgate regulations within one year,
then a default value of 2.78%
renewable fuel in gasoline will be in
effect for 2006. This statutory provision
is subject to multiple interpretations of
key terms. The "Renewable Fuel
Standard Requirements for 2006" that
we are proposing will interpret the
default provision so that it can be
implemented with certainty in the
event EPA fails to promulgate the RFS
within one year of enactment. It
provides for refiners, importers and
blenders to meet the 2.78%
requirement collectively, rather than on
an individual basis. Since our
projections show that this value is
highly likely to be met in 2006 under
planned practices of the refining
industry, we do not anticipate any
impacts on the industry in general, nor
any on small businesses. It will have
no effect on state, local or tribal
governments.
Statement of Need:
This regulation will provide certainty
to the refining industry in the early part
of 2006 so they understand what the
requirements and obligations are for the
industry in case the default standard
should become effective.
Summary of Legal Basis:
The Energy Policy Act of 2005 (the Act)
requires EPA to promulgate regulations
that implement a renewable fuel
standard (RFS) within one year of
enactment. The Act also contains a
provision that allows a default standard
of 2.78% renewable fuels in gasoline
for 2006, should EPA fail to promulgate
the regulations by the required date.
Alternatives:
A range of alternatives are being
discussed as part of the major RFS
rulemaking development process that
will follow the default standard
rulemaking. Alternatives for the default
rulemaking may include provisions to
allow for crediting if the default
standard is exceeded,
Anticipated Cost and Benefits:
There are potential significant health
and welfare benefits associated with the
mobile air toxics rule. Costs and
benefits, including an analysis of the
energy impacts as appropriate, will be
developed as part of the rulemaking
process.
Risks:
The rule will impose no risks beyond
those inherent in the statutory
requirement.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/05
03/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SANi 5024
Agency Contact:
Barry Garelick
Environmental Protection Agency
Air and Radiation
6406]
Phone: 202 564-9028
Fax: 202 564-2085
Email: garelick.barry@epa.gov
David Korotney
Environmental Protection Agency
Air and Radiation
6407
Ann Arbor, Ml 48105
Phone: 734 214-4507
Fax: 734 214^1050
Email: korotney.david@epamail.epa.gov
RIN: 2060-AN51
EPA
112. LEAD-BASED PAINT ACTIVITIES;
AMENDMENTS FOR RENOVATION,
REPAIR AND PAINTING
Priority:
Economically Significant. Major under
5 USC 801.
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64247
Unfunded Mandates:
Undetermined
Legal Authority:
15 USC 2682 "TSCA 4 402"
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, October 28, 1996.
Abstract:
The Environmental Protection Agency
is developing a comprehensive program
for the management of renovation,
repair and painting activities involving
lead based paint hazards. The program
will be comprised of a combination of
approaches including an extensive
education and outreach campaign for
lead-safe work practices and training
for industry, an outreach campaign
designed to expand consumer
awareness and create demand for the
use of lead-safe work practices, and the
proposal of regulatory requirements.
Specifically, the Agency will be
proposing regulatory requirements for
renovation, repair and painting
contractors involved in activities
where, as a result of their work, lead
hazards are created. Modifications to
the abatement requirements will also be
considered to ensure compatibility
between the existing requirements and
any future renovation requirements.
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood, (Center for Disease
Control's level of concern). Although
there have been dramatic declines in
blood-lead levels due to reductions of
lead in paint, gasoline, and food
sources, remaining paint in older
houses continues to be a significant
source of childhood lead poisoning.
These rules will help insure that
individuals and firms conducting lead-
based paint activities will do so in a
way that safeguards the environment
and protects the health of building
occupants, especially children under 6
years old.
Summary of Legal Basis:
This regulation is mandated by TSCA
section 402(c). TSCA Section 402(c)
directs EPA to address renovation and
remodeling activities by first
conducting a study of the extent to
which persons engaged in various types
of renovation and remodeling activities
are exposed to lead in the conduct of
such activities or disturb lead and
create a lead-based paint hazard on a
regular basis. Section 402(c) further
directs the Agency to revise the lead-
based paint activities regulations (40
CFR Part 745 Subpart L) to include
renovation or remodeling activities that
create lead-based paint hazards. In
order to determine which contractors
are engaged in such activities the
Agency is directed to utilize the results
of the study and consult with the
representatives of labor organizations,
lead-based paint activities contractors,
persons engaged in remodeling and
renovation, experts in health effects,
and others.
Alternatives:
TSCA Section 402 (c) states that should
the Administrator determine that any
category of contractors engaged in
renovation or remodeling does not
require certification; the Administrator
may publish an explanation of the basis
for that determination.
Anticipated Cost and Benefits:
EPA's quantitative cost estimates fall
into four categories: Training Costs,
Work Practice Costs, Clearance Testing
Costs, and Administrative Costs. The
estimates vary depending upon the
option selected. In most cases we
expect that requirements related to
Clearance Testing and Work Practices
will contribute the most to overall rule
cost. The benefits analysis will not
provide direct quantitative measures of
each (or any) option. EPA does not
have a complete risk assessment (with
dose-response functions) that would
permit direct quantitative estimates. We
do have other data, such as estimated
loadings of Pb generated by renovation
work, number and type of renovation
events, demographics of the exposed
population, and the costs of various
health effects previously linked to Pb
exposure. With the available
information we are able utilize several
qualitative approaches to frame the
benefits associated with an effective
renovation rule.
Risks:
These rules are aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children. The
Agency has concluded that many R&R
work activities can produce or release
large quantities of lead and may be
associated with elevated blood lead
levels. These activities include, but are
not limited to: sanding, cutting,
window replacement, and demolition.
Lead exposure to R&R workers appears
to be less of a problem than to building
occupants (especially young children).
Some workers (and homeowners) are
occasionally exposed to high levels of
lead. Any work activity that produces
dust and debris may create a lead
exposure problem.
Timetable:
Action
Date
FR Cite
NPRM
12/00/05
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. 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://www.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: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC83
-------
64248 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
EPA
113. 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. As
part of OMB's Regulatory Reform of the
U.S. Manufacturing Sector Report
(2005), commenters expressed concern
that the existing TSCA section 12(b)
regulations do not provide a low-level
cut-off for the export notification
requirements. To address that concern,
EPA committed to OMB that it would
consider potential changes to the TSCA
section 12(b) regulation within the
scope of existing statutory authority
and issue a proposed amendment to
address the concern expressed by
January 2006. Legislation is currently
pending to address the implementation
in the U.S. of the Rotterdam
Convention on Prior Informed Consent
(PIC), which itself includes export
notification requirements.
Statement of Need:
Industry nominated the implementing
regulations for reform consideration
twice. First in the annual report on the
costs and benefits of regulations,
entitled "Stimulating Smarter
Regulation: 2002 Report to Congress on
the Costs and Benefits of Regulations
and Unfunded Mandates on State,
Local, and Tribal Entities," that is
prepared by the Office of Management
and Budget (OMB) and submitted to
Congress each year. (See OMB's
compilation of comments, summary
#190, pg 10, commenter #12 available
at
http ://www. whitehouse.gov/omb/
inforeg/key comments.html.) And
then again in 2004, see #39 in OMB's
Regulatory Reform of the U.S.
Manufacturing Sector Report (2005).
Summary of Legal Basis:
Section 12(b)(2) of the Toxic
Substances Control Act (TSCA).
Alternatives:
To be determined.
Anticipated Cost and Benefits:
Minimal, but yet to be determined.
Risks:
None.
Timetable:
Action
Date
FR Cite
NPRM
01/00/06
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: schweer.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
EPA
114. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Priority:
Other Significant
Legal Authority:
42 USC 9603
CFR Citation:
40 CFR 302.6(c); 40 CFR 355.40
Legal Deadline:
None
Abstract:
The Agency is considering
administratively exempting 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.
Statement of Need:
Pursuant to the terms of Executive
Order 12866, it has been determined
that this rule is a "significant regulatory
action" because it raises novel legal or
policy issues arising out of legal
mandates, the President's priorities, or
the principles set forth in the Executive
Order. This rule, if finalized, will
eliminate or substantially reduce
certain Federal regulatory notification
requirements.
Summary of Legal Basis:
The Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (CERCLA), 42 U.S.C. 9601
et seq., as amended by the Superfund
Amendments and Reauthorization Act
of 1986, gives the Federal Government
broad authority to respond to releases
or threats of releases of hazardous
substances from vessels and facilities.
The term "hazardous substance" is
defined in section 101(14) of CERCLA
primarily by reference to other Federal
environmental statutes. Section 102 of
CERCLA gives the U.S. Environmental
Protection Agency (EPA) authority to
designate additional hazardous
substances. Under CERCLA section
103(a), the person in charge of a vessel
or facility from which a CERCLA
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64249
hazardous substance has been released
in a quantity that equals or exceeds its
reportable quantity (RQ) must
immediately notify the National
Response Center (NRC) of the release.
A release is reportable if an RQ or more
is released within a 24-hour period (see
40 CFR 302.6). This reporting
requirement, among other things, serves
as a trigger for informing the
Government of a release so that Federal
personnel can evaluate the need for a
Federal removal or remedial action and
undertake any necessary action in a
timely fashion. In addition to the
reporting requirements established
pursuant to CERCLA section 103,
section 304 of the Emergency Planning
and Community Right-to-Know Act of
1986 (EPCRA), 42 U.S.C. 11001 et seq.,
requires the owner or operator of
certain facilities to immediately report
releases of CERCLA hazardous
substances or any extremely hazardous
substances to State and local authorities
(see 40 CFR 355.40).
Alternatives:
EPA is also considering the
appropriateness of alternative options
to address the CERCLA §103 and
EPCRA §304 Reporting Requirements of
Certain Unpermitted Releases of NOx
to the air. Those options include; a)
more efficient use of Continuous
Release reporting, and b) extending the
administrative reporting exemption to
include all releases of NOx from
combustion sources that are not the
result of an accident or malfunction.
Anticipated Cost and Benefits:
The Agency estimates for industry an
annual overall reduction of cost from
$16,380,571 to $15,994,833 an overall
reduction of $385,738 with a
corresponding reduction in the hour
burden from 382,890 to 376,385 a
reduction of 6,505 hours. This
represents an overall reduction in the
likely number of respondents from
27,227 to 25,762 a reduction of 1,465
respondents.
Risks:
Not applicable.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/04/05 70 FR 57813
10/00/06
Regulatory Flexibility Analysis
Required:
Undetermined
Government Levels Affected:
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@epa.gov
RIN: 2050-AF02
EPA
115. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
CFR PART 112
Priority:
Risks:
Undetermined.
Timetable:
Action
Date FR Cite
Notice Clarifying 05/25/04 69 FR 29728
Certain Issues
NPRM 1 yr 06/17/04 69 FR 34014
Compliance
Extension
Final 18 months 08/11/04 69 FR 48794
Compliance
Extension
NODA re certain 09/20/04 69 FR 56184
facilities
NODA re oil-filled 09/20/04 69 FR 56182
and process
equipment
NPRM 06/00/06
Regulatory Flexibility Analysis
Required:
No
Other Significant
Unfunded Mandates:
Undetermined
Legal Authority:
33 USC 1321
CFR Citation:
40 CFR 112
Legal Deadline:
None
Abstract:
EPA will propose to amend 40 CFR
part 112, which includes the Spill
Prevention, Control, and
Countermeasure (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
associated with the Notices of Data
Availability has been completed and in
relation to EPA guidance.
Statement of Need:
The proposed rule is necessary to
clarify the regulatory obligations of
SPCC facility owners and operators and
to reduce the regulatory burden where
appropriate.
Summary of Legal Basis:
The legal basis is 33 USC 1321 et seq.
Alternatives:
Undetermined.
Anticipated Cost and Benefits:
Undetermined.
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, 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
EPA
116. REGULATORY ACTIONS
ASSOCIATED WITH THE NOTICES OF
DATA AVAILABILITY ON THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
CFR PART 112
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)
-------
64250 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
issued two Notices of Data Availability
(NODAs) concerning certain facilities
and oil-filled and process equipment.
Based on our review of the information
received from the NODAs, EPA is
considering additional measures to ease
the compliance burden of smaller
facilities and for oil-filled equipment.
EPA intends to define 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
is also considering (1) an indefinite
extension of the compliance dates for
a defined category of farms; (2) a
definition and regulatory relief for
motive power containers and airport
mobile refuelers; and (3) removing the
inapplicable requirements for Animal
Fats and Vegetable Oils (AFVOs).
Statement of Need:
EPA is clarifying, extending and
modifying the regulatory requirements
for facilities subject to the SPCC rule.
This is part of EPA's multi-phased
strategy to address concerns with the
current SPCC regulation.
Summary of Legal Basis:
The legal basis is 33 USC 1321 et seq.
Alternatives:
Undetermined at this time.
Anticipated Cost and Benefits:
Undetermined at this time.
Risks:
Undetermined at this time.
Timetable:
Action
Date
FR Cite
NODA re certain 09/20/04 69 FR 56184
facilities-
NODA re oil-filled 09/20/04 69 FR 56182
and process
equipment-
NPRM 10/00/05
Final Action 02/00/06
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, 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: rodriquez.vanessa@epa.gov
RIN: 2050-AG23
EPA
117. 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
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.
Statement of Need:
EPA is considering expanding the
comparable fuels program. This
program allows specific industrial
wastes to be excluded from the
Resource Conservation and Recovery
Act (RCRA) when they are used for
energy production and do not contain
hazardous constituent levels exceeding
those in a typical benchmark fuel that
facilities would otherwise use. If EPA
is successful in finding other industrial
wastes that could be used for energy,
this would not only save energy by
reducing the amount of hazardous
waste that would be otherwise treated
and disposed, but also promote energy
production from a domestic, renewable
source and reduce our use of fossil
fuels. EPA is also examining the
effectiveness of the current comparable
fuel program to determine whether
changes could be made to the existing
program to make it more effective.
Summary of Legal Basis:
This action is discretionary on the
Agency's part.
Alternatives:
To make significant changes to the
existing comparable fuels standard,
EPA must modify the existing
regulations. EPA intends to first
propose and seek comment on potential
regulatory modifications.
Anticipated Cost and Benefits:
When the existing comparable fuel
exemption was established, EPA
estimated that the rule would result in
annual savings of 11 to 36 million
dollars for generators and would result
in annual costs of 3 to 13 million
dollars for hazardous waste combustors.
The savings to generators were made
up of avoided hazardous waste
combustion costs and revenues from
sale of comparable fuels, less the
analytical costs. Costs to hazardous
waste combustion facilities stem from
lost revenue from wastes are diverted
to the comparable fuels market. EPA
has not conducted a preliminary
estimate of costs and benefits from
modifications to the existing
comparable fuels rule, as options to be
proposed have not been selected. Prior
to proposing options, EPA intends to
reach out to a broad group of
stakeholders to receive input on
potential regulatory approaches that
could be proposed. When EPA selects
the approaches to be proposed, we will
be in a position to estimate costs and
benefits of any regulatory actions.
Risks:
The rationale for the Agency's approach
to establishing the existing comparable
fuels standards is that if a hazardous
waste-derived fuel is comparable to a
fossil fuel in terms of hazardous and
other key constituents and has a
heating value indicative of a fuel, EPA
has discretion to classify such material
as a fuel product, not as a waste. Given
that a comparable fuel would have
legitimate energy value and the same
hazardous constituents in comparable
concentrations to those in fossil fuel
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64251
(and satisfies other parameters related
to comparability as well), classifying
such material as a fuel product and not
as a waste promotes RCRA's resource
recovery goals without creating any risk
greater than those posed by the
commonly used commercial fuels. If
EPA maintains this "benchmark"
approach in its revisions, the risks
associated with any changes will
remain unchanged. Until EPA
establishes what approaches to propose
for modifications to the comparable
fuel standards, it is not possible to
provide a description of the risks
associated with such a proposal.
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@epa.gov
BIN: 2050-AG24
EPA
118. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Priority:
Other Significant
Legal Authority:
42 USC 11023 etseq
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.
Statement of Need:
EPA is looking to explore various
options with the intention of
identifying a specific burden reduction
initiative that effectively lessens the
burden on facilities but at the same
time ensures that TRI continues to
provide communities with the same
high level of significant chemical
release and other waste management
information.
Summary of Legal Basis:
Section 313 of the Emergency Planning
and Community Right-to-Know Act
(EPCRA) of 1986 and section 6607 of
the Pollution Prevention Act (PPA) of
1990.
Alternatives:
Still Under Analysis.
Anticipated Cost and Benefits:
Still Under Analysis.
Risks:
Not Applicable.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/05
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: 202 566-0715
Email: vail.cassandra@epamail.epa.gov
Kevin—E Donovan
Environmental Protection Agency
Office of Environmental Information
2844T
Washington, DC 20460
Phone: 202 566-0676
Fax: 202 566-0741
Email: donovan.kevin-e@epamail.epa.gov
RIN: 2025-AA14
EPA
FINAL RULE STAGE
119. INCLUSION OF DELAWARE AND
NEW JERSEY IN THE CLEAN AIR
INTERSTATE RULE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7410(a)
CFR Citation:
40 CFR Part 51; 40 CFR Part 72; 40
CFR Part 73; 40 CFR Part 74; 40 CFR
Part 77; 40 CFR Part 78; 40 CFR Part
96
Legal Deadline:
None
Abstract:
In the 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 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. On May 12,
2005, we proposed to supplement the
contribution threshold adopted in the
CAIR with a multi-factor weight of
evidence test (70 FR 25408). We
published a notice of data availability
on June 28, 2005 (70 FR 37068) to
notify the public we had put additional
-------
64252 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
information in the docket regarding the
inclusion of Delaware and New Jersey.
Application of the test indicates that
New Jersey and Delaware should be
included in the CAIR requirements. In
this action, we are responding to
comments received on the proposal.
Statement of Need:
The Clean Air Act requires that a State
take steps to prevent emissions from
sources located within its boundaries
from interfering with a downwind
State's ability to meet air quality
standards, or interfering with measures
to protect visibility. EPA believes it is
important to address interstate
transport for the PM2.5 and 8-hour
ozone standards 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. Analysis has shown that
additional reductions in PM2.5 and
ozone precursors are necessary as one
part of an attainment strategy for
downwind states. This rulemaking
would achieve the needed reductions,
either in lieu of or in combination with
possible legislation such as the
President's Clear Skies bill.
Summary of Legal Basis:
Clean Air Act section 110(a)(2)(D) [42
USC 7410(a)(2)(D)] requires that each
State's implementation plan include the
"good neighbor" provisions of
prohibiting sources in the State from
emitting air pollutants in amounts that
contribute significantly to
nonattainment in a downwind state, or
interfere with measures to protect
visibility in a Class I areas. Section
110(a)(l) [42 USC 7410(a)(l)] requires
States to submit implementation plans
within a specified period of time after
the promulgation of a new or revised
national ambient air quality standard.
In addition, EPA has authority under
section 110(k)(5) [42 USC 7410(k)(5)] to
require States to revise existing
implementation plans whenever EPA
finds that those plans are inadequate
to comply with any requirement.
Further, section 301(a)(l) [42 USC
7601(a)(l)] confers general authority
upon the EPA Administrator. These
provisions of the Clean Air Act, taken
together, confer authority on EPA to
promulgate the present regulations.
Alternatives:
There are several alternatives to a
federal interstate transport rule. The
Clear Skies Act proposed by the Bush
Administration will, if enacted, help
reduce interstate transport of pollution
from the largest emitters in the power
generation sector. However,
Congressional approval is not
guaranteed, and all emissions sources
contributing to interstate transport may
not be addressed. Another alternative
is to wait for States to submit plans
under Clean Air Act (CAA) section
110(a), and for EPA to review these
plans for compliance with the transport
provisions of CAA section 110(a)(2)(D).
Past experience indicates that it would
be difficult for individual upwind
States to adopt transport controls
without EPA defining their reduction
responsibilities in advance. Further,
EPA is concerned that the States do not
yet have the analytical tools needed to
assess their contribution to transport.
Another alternative is to wait for
individual States to submit petitions
under CAA section 126 that call for
EPA to address interstate transport. In
this case it would be necessary for EPA
to respond by identifying the collective
scope and magnitude of the interstate
transport problem, and defining a
collective solution. This rulemaking
accomplishes this same goal, but will
accomplish it earlier so that States can
rely on upwind reductions when
developing plans for attaining the
standards.
Anticipated Cost and Benefits:
Cost and benefit calculations will be
made as the rulemaking proceeds.
Risks:
The risks addressed are the health and
welfare impacts resulting from
nonattainment of the NAAQS for fine
particulate matter and ozone, and from
emissions that interfere with measures
to protect visibility in Class I areas.
Timetable:
Action Date FR Cite
NPRM
NODA
Final Action
05/12/05 70 FR 25408
06/28/05 70 FR 37068
11/00/05
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:
www.epa.gov/interstateairquality
Agency Contact:
Jan King
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Joe Paisie
Environmental Protection Agency
Air and Radiation
C-504-02
Research Triangle Park, NC 27711
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AM95
EPA
120. RULE ON SECTION 126 PETITION
FROM NC TO REDUCE INTERSTATE
TRANSPORT OF FINE PM AND O3;
FIPS TO REDUCE INTERSTATE
TRANSPORT OF FINE PM & O3;
REVISIONS TO CAIR RULE;
REVISIONS TO ACID RAIN PROGRAM
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.
Other, Judicial, August 2, 2005, Must
deliver to FR NLT 1 day after signature.
Final, Judicial, March 15, 2006, Final
Determination.
Abstract:
This action includes two separate but
related rulemakings to address
interstate transport with respect to the
8-hour ozone arid fine particulate
matter (PM2.5) National Ambient Air
Quality Standards. In one part, EPA is
responding to a petition submitted to
the Agency in March 2004, by the State
of North Carolina pursuant to section
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64253
126 of the Clean Air Act. 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 PM2.5
nonattainment or maintenance
problems in North Carolina and that
NOx emissions from large EGUs in 5
States are significantly contributing to
8-hour ozone nonattainment or
maintenance problems in North
Carolina. NOx and SO2 are precursors
to PM2.5 pollution; NOx is also a
precursor to ozone pollution. If EPA
makes such findings, EPA is authorized
to establish Federal emissions limits for
the affected sources. The second part
of this rulemaking is related to EPA's
Clean Air Interstate Rule (CAIR),
promulgated on March 10, 2005, which
addresses interstate transport of NOx
and SO2. CAIR requires 28 States and
the District of Columbia to revise their
State implementation plans (SIPs) to
reduce emissions of NOx and/or SOx.
Controlling these emissions will assist
the downwind areas in meeting the
PM2.5 and 8-hour ozone national
ambient air quality standards. To act
as a "backstop" for CAIR, EPA is also
developing Federal implementation
plans (FIPs) to address interstate
transport. These FIPs are the second
part of the two-part rulemaking we are
discussing in this abstract. The FIPs
would achieve the emissions reductions
required under the CAIR if a State does
not have an approved SIP to do so. In
the FIP actions, 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. In an
action published on April 25, 2005,
EPA notified States that they had failed
to submit SIPs to address transport that
were due in 2000, 3 years after EPA
established the 8-hour ozone and
PM2.5 standards. This current
rulemaking action is also proposing
certain revisions to the CAIR and the
Acid Rain Program.
Statement of Need:
Clean Air Act section 110(a)(2)(D)
requires that each state's
implementation plan include the "good
neighbor" provisions of prohibiting
sources in the State from emitting air
pollutants in amounts that contribute
significantly to nonattainment, or
interfere with maintenance, of a
national ambient air quality standard
(NAAQS) in a downwind state. Under
the Clean Air Interstate Rule (CAIR),
EPA determined that emissions of
nitrogen oxides (NOx) and/or sulfur
dioxide (SO2) from 28 States and the
District of Columbia are significantly
contributing to nonattainment and/or
maintenance problems in downwind
States with respect to the PM2.5 and/or
8-hour ozone standards. Therefore, EPA
established NOx and/or SO2 emissions
reductions requirements for these States
to mitigate the interstate transport. The
Federal implementation plans (FIPs) for
the CAIR would provide a backstop to
ensure that the significant emissions
reductions required by the CAIR would
be achieved. On March 19, 2004, EPA
received a petition from the State of
North Carolina filed under section 126
of the CAA. The petition, which is
based largely on the analyses for
proposed CAIR, requests that EPA
establish control requirements for
electric generating units in 13 States
based on findings that emissions of
NOx and SO2 from these sources are
significantly contributing to PM2.5
and/or 8-hour ozone nonattainment and
maintenance problems in North
Carolina.
Summary of Legal Basis:
In April 2005, EPA made national
findings under CAA sections
110(a)(2)(D) and 110(a)(l) that States
have failed to submit SIPs required to
address interstate transport with respect
to the 8-hour ozone and PM2.5
NAAQS. The findings started a 2-year
clock for EPA to promulgate FIPs to
address the requirements of section
110(a)(2)(D). Section 126 allows States
to petition EPA for a finding that major
stationary sources or groups of sources
in upwind States are significantly
contributing to nonattainment or
interfering with maintenance of a
NAAQS in the petitioning State. If EPA
makes the requested finding, EPA is
authorized to establish emissions
limitations for the affected sources. The
EPA is required to respond to a section
126 petition through notice-and-
comment rulemaking by a specific
deadline.
Alternatives:
The proposed Federal NOx and SO2
cap and trade programs for the section
126 action and FIP would provide
regulated sources with flexibility in
their choice of compliance strategy.
EPA is also proposing an abbreviated
SIP option to allow States to submit
SIPs to control specific elements of the
Federal program. For the portion of the
section 126 petition that has merit, EPA
is proposing in the alternative to grant
the petition or to deny the petition if
EPA promulgates the FIP no later than
the final section 126 response. In
addition, EPA is proposing to withdraw
section 126 or FIP control requirements
in a State if the State submits and EPA
approves a SIP that meets the
requirements of CAIR.
Anticipated Cost and Benefits:
Costs and benefits for the proposal are
based on the Regulatory Impact
Analysis for the CAIR.
Risks:
The risks addressed are the health and
welfare impacts resulting from
nonattainment of the PM2.5 and 8-hour
ozone NAAQS.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/24/05 70 FR 49708
03/00/06
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
C-504-02
Research Triangle Park, NC 27711
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AM99
-------
64254 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
EPA
121.* REGIONAL HAZE
REGULATIONS; REVISIONS TO
PROVISIONS GOVERNING
ALTERNATIVE TO SOURCE-SPECIFIC
BEST AVAILABLE RETROFIT
TECHNOLOGY (BART)
DETERMINATIONS
Priority:
Other Significant
Legal Authority:
42 USC 7410; 2 USC 7414; 42 USC
7421; 42 USC 7470-7479
CFR Citation:
40 CFR 51.308(e)(2); 40 CFR 51.309; 40
CFR 51 Appendix Y (New)
Legal Deadline:
None
Abstract:
EPA published the regional haze rule
on July 1, 1999 (64 FR 35714). On May
24, 2002, the D.C. Circuit Court vacated
certain provisions of the regional haze
rule related to best available retrofit
technology (BART). The BART
provisions at issue in that case were
applicable on a source-by-source basis.
The revisions to the haze rule to
respond to that case are being finalized
in the Clean Air Visibility Rule (CAVR)
on June 15, 2005, under a consent
decree. In a separate but related case,
the D.C. Circuit vacated additional
BART provisions in a decision issued
on February 18, 2005. These provisions
applied to BART in the context of
optimal emissions trading programs.
The program at issue in that case was
the SO2 "backstop" emissions trading
program developed by the Western
Regional Air Partnership (WRAP), but
the decision also controls all similar
programs developed in the future. To
address this decision, we proposed
revisions to the haze provisions
governing trading programs on August
1, 2005 (70 FR 44154). The proposal
addresses both the particular
circumstances of the WRAP and general
implications of the decision for other
programs. We intend to finalize this
proposal by November 8, 2005, as
noted in the CAVR consent decree.
Statement of Need:
This action is needed in response to
the May 2002 ruling of the U.S. Court
of Appeals for the D.C. Circuit
(American Corn Growers et al. V. EPA,
291 F.3d 1) vacating the Best Available
Retrofit Technology (BART) provisions
of the regional haze rule. The Clean Air
Act requires that States include BART
Action
in their visibility State Implementation Timetable:
Plans (SIPs). The Clean Air Act also
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.
Date
FR Cite
NPRM
Final Action
08/01/05 70 FR 44154
11/00/05
Regulatory Flexibility Analysis
Required:
No
Summary of Legal Basis:
Clean Air Act section 169A requires
States to include BART in their
visibility SIPs. Clean Air Act section
110(a)(2)(D) [42 USC 7410(a)(2)(D)]
requires that each State's
implementation plan include the "good
neighbor" provisions of prohibiting
sources in the State from emitting air
pollutants in amounts that contribute
significantly to nonattainment in a
downwind state, or interfere with
measures to protect visibility in a Class
I areas. Section 110(a)(l) [42 USC
7410(a)(l)] requires States to submit
implementation plans within a
specified period of time after the
promulgation of a new or revised
national ambient air quality standard.
In addition, EPA has authority under
section 110(k)(5) [42 USC 7410{k)(5)] to
require States to revise existing
implementation plans whenever EPA
finds that those plans are inadequate
to comply with any requirement.
Further, section 301(a)(l) [42 USC
7601(a)(l)] confers general authority
upon the EPA Administrator. These
provisions of the Clean Air Act confer
authority on EPA to promulgate the
present regulations.
Alternatives:
This entry comprises the action the
Agency plans to take to implement the
BART provisions of the Clean Air Act.
This proposal addresses the elements
we would expect an alternative trading
program to contain in order to be
approvable as an alternative to case-by-
case BART.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis (RIA) for the proposed BART
rule. Updated cost and benefit
calculations were made for the final
rulemaking.
Risks:
The risks addressed are the health and
welfare impacts resulting from
emissions that interfere with measures
to protect visibility in Class I areas.
These effects were outlined in detail in
the Regulatory Impact Analysis for the
proposed BART rulemaking.
Small Entities Affected:
No
Government Levels Affected:
Federal, Local, State, Tribal
Additional Information:
San No. 4450-1. Split from RIN 2060-
AJ31.
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@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@epa.gov
RIN: 2060-AN22
EPA
122. • IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS - PHASE 2
Priority:
Other Significant
Legal Authority:
42 USC 7410; 42 USC 7501-751 if; 42
USC 7601(a)(l)
CFR Citation:
40 CFR 51; 40 CFR 50; 40 CFR 81
Legal Deadline:
None
Abstract:
This rule would provide specific
requirements for State and local air
pollution control agencies and tribes to
prepare State implementation plans
(SIPs) and Tribal Implementation Plans
(TIPs) under the 8-hour national
ambient air quality standard (NAAQS)
for ozone, published by EPA on July
18, 1997. The Clean Air Act (CAA)
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64255
requires EPA to set ambient air quality
standards and requires States to submit
SIPs to implement those standards. The
1997 standards were challenged in
court, but in February 2001, the
Supreme Court determined that EPA
has authority to implement a revised
ozone standard, but ruled that EPA
must reconsider its implementation
plan for moving from the 1-hour
standard to the revised standard. The
Supreme Court identified conflicts
between different parts of the CAA
related to implementation of a revised
NAAQS, provided some direction to
EPA for resolving the conflicts, and left
it to EPA to develop a reasonable
approach for implementation. Thus,
this rulemaking must address the
requirements of the CAA and the
Supreme Court's ruling. This rule
would provide detailed provisions to
address the CAA requirements for SIPs
and TIPs and would thus affect States
and Tribes. States with areas that are
not attaining the 8-hour ozone NAAQS
will have to develop — as part of their
SIPs — emission limits and other
requirements to attain the NAAQS
within the timeframes set forth in the
CAA. Tribal lands that are not attaining
the 8-hour ozone standard may be
affected, and could voluntarily submit
a TIP, but would not be required to
submit a TIP. In cases where a TIP is
not submitted, EPA would have the
responsibility for planning in those
areas.
Statement of Need:
EPA is developing this rule so that
States may know which statutory
requirements apply for purposes of
developing State Implementation Plans
(SIPs) under the Clean Air Act to
implement the 8-hour ozone standard.
After EPA had promulgated the 8-hour
standard in 1997, EPA originally set
forth an approach for implementation
that was challenged in court. The
Supreme Court ultimately ruled against
EPA. This action addresses the U.S.
Supreme Court's ruling in February
2001 (Whitman v. American Trucking
Assoc., 121 S.Ct.903) that stated that
EPA has the authority to implement a
revised ozone NAAQS but that EPA
could not ignore the provisions of
subpart 2 when implementing the 8-
hour NAAQS. The Supreme Court
identified several portions of subpart 2
that are ill-fitted to the revised NAAQS
but left it to EPA to develop a
reasonable implementation approach.
Consequently, EPA is developing a rule
to implement the 8-hour ozone NAAQS
under the provisions of subpart 2 of
the CAA.
Summary of Legal Basis:
Title I of the Clean Air Act
Alternatives:
EPA proposed more prescriptive and
less prescriptive options for several
requirements of SIPs, such as the
reasonably available control technology
(RACT) requirement and the reasonable
further progress (RFP) requirement. The
final rulemaking will provide a
decision on the options for these
requirements.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis for the final ozone NAAQS,
and has prepared a cost analysis for
the proposed implementation rule. The
benefits of the rule are those associated
with attainment of the ozone NAAQS
including significant improvements in
premature mortality, chronic asthma,
chronic and acute bronchitis, upper
and lower respiratory symptoms, work
days lost, decreased worker
productivity, visibility in urban and
suburban areas, and increases in yields
of commercial forests currently exposed
to elevated ozone levels.
Risks:
The risks addressed by this action are
the likelihood of experiencing
increased health and environmental
effects associated with nonattainment
of the National Ambient Air Quality
Standard for ozone. These effects are
briefly described above in the "costs
and benefits" section, and they were
outlined in detail in the Regulatory
Impact Analysis for the ozone NAAQS
rulemaking. The results are
summarized in the Federal Register
notice for that rulemaking (62 FR
38856, July 18, 1997).
Timetable:
Action
Date
FR Cite
NPRM Phase 1 & 2 06/20/03 68 FR 32802
Final Action - Phase 10/00/05
2
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Local, State, Tribal
Additional Information:
SAN No. 4625.1; Split from RIN 2060-
AJ99.
Agency Contact:
John Silvasi
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Germ
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN23
EPA
123. 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 issuing 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
-------
64256 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
unsponsored HPV Challenge Program
chemicals.
Statement of Need:
EPA has found that, of those non-
polymeric organic substances produced
or imported in amounts equal to or
greater than 1 million pounds per year
based on 1990 reporting for EPA's
Inventory Update Rule (ILJR), only 7
percent have a full set of publicly
available internationally recognized
basic health and environmental
fate/effects screening test data. Of the
over 2,800 HPV chemicals based on
1990 data, 43 percent have no publicly
available basic hazard data. For the
remaining chemicals, limited amounts
of the data are available. This lack of
available hazard data compromises
EPA's and others' ability to determine
whether these HPV chemicals pose
potential risks to human health or the
environment, as well as the public's
right-to-know about the hazards of
chemicals that are found in their
environment, their homes, their
workplaces, and the products that they
buy. It is EPA's intent to close this
knowledge gap. EPA believes that for
most of the HPV chemicals, insufficient
data are readily available to reasonably
determine or predict the effects on
health or the environment from the
manufacture (including importation),
distribution in commerce, processing,
use, or disposal of the chemicals, or
any combination of these activities.
EPA has concluded that a program to
collect and, where needed, develop
basic screening level toxicity data is
necessary and appropriate to provide
information in order to assess the
potential hazards/risks that may be
posed by exposure to HPV chemicals.
On April 21, 1998, a national initiative,
known as the "Chemical Right-To-
Know" Initiative, was announced in
order to empower citizens with
knowledge about the most widespread
chemicals in commerce— chemicals
that people may be exposed to in the
places where they live, work, study,
and play. A primary component of
EPA's Chemical Right-To-Know
(ChemRTK) initiative is the voluntary
HPV Challenge Program, which was
created in cooperation with industry,
environmental groups, and other
interested parties, and is designed to
assemble basic screening level test data
on the potential hazards of HPV
chemicals while avoiding unnecessary
or duplicative testing. Data needs
which remain unmet in the voluntary
HPV Challenge Program, may be
addressed through the international
efforts or rulemaking.
Summary of Legal Basis:
These test rules will be issued under
section 4(a)(l)(B) of TSCA. Section
2(b)(l) of TSCA states that it is the
policy of the United States that
"adequate data should be developed
with respect to the effect of chemical
substances and mixtures on health and
the environment and that the
development of such data should be the
responsibility of those who
manufacture [which is defined by
statute to include import] and those
who process such chemical substances
and mixtures [.]" To implement this
policy, TSCA section 4(a) mandates
that EPA require by rule that
manufacturers and processors of
chemical substances and mixtures
conduct testing if the Administrator
finds that: (l)(A)(i) The manufacture,
distribution in commerce, processing,
use, or disposal of a chemical substance
or mixture, or that any combination of
such activities, may present an
unreasonable risk of injury to health or
the environment, (ii) there are
insufficient data and experience upon
which the effects of such manufacture,
distribution in commerce, processing,
use, or disposal of such substance or
mixture or of any combination of such
activities on health or the environment
can reasonably be determined or
predicted, and (iii) testing of such
substance or mixture with respect to
such effects is necessary to develop
such data; or (B)(i) a chemical
substance or mixture is or will be
produced in substantial quantities, and
(I) it enters or may reasonably be
anticipated to enter the environment in
substantial quantities or (II) there is or
may be significant or substantial human
exposure to such substance or mixture,
(ii) there are insufficient data and
experience upon which the effects of
the manufacture, distribution in
commerce, processing, use, or disposal
of such substance or mixture or of any
combination of such activities on
health or the environment can
reasonably be determined or predicted,
and (iii) testing of such substance or
mixture with respect to such effects is
necessary to develop such data.
Alternatives:
The strategy and overall approach that
EPA is using to address data collection
needs for U.S. HPV chemicals includes
a voluntary component (the HPV
Challenge Program), certain
international efforts, and these
rulemakings under TSCA. The issuance
of a rulemaking is often the Agency's
final mechanism for obtaining this
important information.
Anticipated Cost and Benefits:
The potential benefits of these test rules
are substantial, as no one — whether
in industry, government, or the public
— can make reasoned risk management
decisions in the absence of reliable
health and environmental information.
The cost of the baseline screening
testing that would be imposed is
estimated to be about $200,000 per
chemical for a full set of tests. It is
unlikely, however, for a chemical to
need a full set of tests, which would
only occur if none of the data in
question already exists.
Risks:
Data collected and/or developed under
these test rules, when combined with
information about exposure and uses,
will allow the Agency and others to
evaluate and prioritize potential health
and environmental effects and take
appropriate follow up action.
Timetable:
Action
NPRM
Final Action
NPRM2
Date FR Cite
12/26/00 65 FR81658
01/00/06
12/00/06
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:
www.epa.gov/opptintr/chemtest/
sect4rule.htm
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64257
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
EPA
124. PESTICIDES; PROCEDURES FOR
THE REGISTRATION REVIEW
PROGRAM
Priority:
Other Significant
Legal Authority:
7 USC 136a(g); 7 USC 136w
CFR Citation:
40 CFR part 155
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, and
cancellation is determined to be
needed, 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.
Statement of Need:
The registration review procedural
regulations are needed to implement
the registration review program. This
program will replace the reregistration
and tolerance reassessment programs as
the Agency's program for managing old
chemicals. The tolerance reassessment
program will end in August 2006
(statutory deadline) and the Agency
expects to complete the last
reregistration eligibility decision in
September 2008. The registration
review program will provide for
systematic and routine review of
pesticides to assure, among other
things, that the science supporting the
decision to register the pesticide
continues to meet current standards.
Summary of Legal Basis:
FIFRA 3(g) requires this procedural
regulation.
Alternatives:
There are no non-regulatory options
that would satisfy the requirements of
FIFRA 3(g).
Anticipated Cost and Benefits:
The cost of the rule to industry is
estimated to be $50 million annually.
Annual per company cost is an average
of less than $750K.
Risks:
None.
Timetable:
Action
Date
FR Cite
ANPRM 04/26/00 65 FR 24586
NPRM 07/13/05 70 FR 40251
Notice of Availability 08/17/05 70 FR 48356
Final Action 09/00/06
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
EPA
125. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Priority:
Other Significant
Legal Authority:
7 USC 136p; 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
-------
64258 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
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.
Statement of Need:
In 1996, stakeholders, including States
and Federal agencies, identified a
number of issues related to improving
the emergency exemption process.
States and Federal agencies are the only
applicants for emergency exemptions.
Representatives of States have
recommended modifications to the
current process for application, review
and approval of emergency exemptions.
If adopted, the changes would reduce
unnecessary burden to both applicants
and EPA, and expedite decisions on
applications (which is critical in
emergency situations).
Summary of Legal Basis:
FIFRA sec. 18 authorizes EPA to
temporarily exempt States from the
requirements of registration to alleviate
an emergency condition.
Alternatives:
EPA has analyzed several measures for
streamlining or improving the
emergency exemption process, and has
received considerable comment, both
formally and informally, from
stakeholders, including specific
recommendations from a group
representing States' interests. Since the
modifications would generally
constitute regulatory relief, and are not
expected to cause any adverse
economic impact, options with varying
cost do not apply.
Anticipated Cost and Benefits:
EPA has assessed the potential
economic impacts of the proposed
improvements and found that they
would reduce burdens and costs to
States and Federal agencies that apply
for emergency exemptions, as well as
reduce burden to EPA. The Agency
estimates an annual cost reduction of
$820,000 for applicants and $120,000
for EPA, for a total of $940,000. Indirect
benefits may accrue to users of
pesticides under emergency exemptions
if changes result in faster review and
approval, or greater availability of
pesticides.
Risks:
In general, the measures being
considered are primarily intended to
reduce burdens for States and EPA and
achieve efficiencies in the program. No
impact on risk is anticipated.
Timetable:
Action
Date
FR Cite
Notice: Limited Pilot 04/24/03 68 FR 20145
NPRM 09/03/04 69 FR 53866
Final Action 11/00/05
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://www.epa.gov/opprd001/
sectionlS/
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
EPA
126. PROTECTIONS FOR TEST
SUBJECTS IN HUMAN RESEARCH
Priority:
Other Significant
Legal Authority:
5 USC 301; 7 USC 136w(a)(l); 21 USC
346a(e)(l)(C); 42 USC 300v-l(b)
CFR Citation:
40 CFR 26
Legal Deadline:
Final, Statutory, January 29, 2006, HR
2361, Department of Interior,
Environment, and Related Agencies
Appropriations Act of 2006, 08/02/05.
Abstract:
In early September 2005, EPA proposed
a rulemaking to ban intentional dosing
human testing for pesticides when the
subjects are pregnant women or
children, to formalize and further
strengthen existing protections for
subjects in human research conducted
or supported by EPA, and to extend
new protections to adult subjects in
intentional dosing human studies for
pesticides conducted by others who
intend to submit the research to EPA.
This proposal, the first of several
possible Agency actions, focuses on
third-party intentional dosing human
studies for pesticides, but invites public
comment on alternative approaches
with broader scope. This proposed rule
would significantly strengthen the
ethical framework for conducting and
reviewing human studies, especially
intentional dosing human studies for
pesticides. With respect to human
research conducted by EPA ("first-party
research"), or by others with EPA's
support ("second-party research"), this
proposed rule would (1) categorically
prohibit any intentional dosing studies
involving pregnant women or children
as subjects; and (2) adopt the
Department of Health and Human
Services (HHS) regulations that provide
additional protections to pregnant
women and children as subjects of
other than intentional dosing studies.
With respect to human research
conducted by third-parties—i.e., by
others without any support from EPA
or other Federal Government agencies—
the proposed rule would: (l)
Categorically prohibit any third-party
intentional dosing studies for pesticides
involving pregnant women or children
as subjects; (2) extend the provisions
of the Federal Policy for the Protection
of Human Subjects of Research (the
"Common Rule") to all other third-
party intentional dosing human studies
intended for submission to EPA under
the pesticide laws; (3) require, before
testing is initiated, submission to EPA
of protocols and related information for
proposed research covered by this
extension of the Common Rule; and (4)
require information about the ethical
conduct of covered human studies
when the results of the research are
submitted to EPA. In addition, the
proposed rule would (1) establish an
independent Human Studies Review
Board to review proposals for covered
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64259
intentional dosing human research and
reports of completed research; (2)
specify measures EPA would consider
to address non-compliance with the
provisions of a final rule along the lines
of this proposal; (3) define the ethical
standards EPA would apply in deciding
whether to rely on relevant,
scientifically sound data derived from
intentional dosing human studies for
pesticides, and (4) forbid EPA to rely
in its decision-making under the
pesticide laws on human research
involving intentional exposure of
pregnant women or children. The pace
of rule development has accelerated in
response to the FY 2006 Appropriations
Act, signed by the President on August
2, 2005, which requires the Agency to
promulgate a final rule within 180 days
of enactment, or by January 29, 2006.
Statement of Need:
In July 1998, the Agency stated that it
had not used any human study data
for final decisions under the FQPA.
The Agency subsequently convened a
special joint subcommittee of the
FIFRA Scientific Advisory Panel and
the EPA Science Advisory Board to
advise on this policy. The
subcommittee completed its report in
September 2000 without reaching
consensus on many issues. In December
2001 the Agency sought the advice of
the National Academy of Sciences on
remaining scientific and ethical issues.
At the same time, the Agency issued
an interim policy, committing, subject
to certain exceptions, not to consider
or rely on any third party studies
involving intentional dosing of human
subjects with toxicants for the purpose
of defining or quantifying their effects
until a final policy is in place, and
clarifying that this interim policy
applies across all Agency programs.
The Agency's interim policy was
challenged in a lawsuit filed in early
2002. In May 2003 the Agency
published an Advance Notice of
Proposed Rulemaking on the subject of
the acceptability of human studies,
posing an array of questions in
response to which many comments and
suggestions were received. The ANPR
also restated the Agency's intention to
issue proposed rules for comment. In
June 2003, the U.S. Court of Appeals
vacated the December 2001 interim
policy on the ground that it constituted
an improperly promulgated "rule." The
Court further stated that, as a
consequence, the Agency's "previous
practice of considering third-party
human studies on a case-by-case basis,
applying statutory requirements, the
Common Rule, and high ethical
standards as a guide," was reinstated
"until it is replaced by a lawfully
promulgated regulation." In February
2004, the NAS released their report,
making many recommendations now
under review by the Agency. Some of
the Academy's recommendations could
only be implemented through
rulemaking. On August 2, 2005, the
President signed into law Pub. L. 109-
54, the Department of Interior,
Environment, and Related Agencies
Appropriations Act, 2006, which
provides appropriated funds for the
Environmental Protection Agency and
other Federal departments and
agencies. Section 201 addresses EPA
activities regarding third-party
intentional dosing human toxicity
studies using pesticides. Specifically,
Section 201 provides: "None of the
funds made available by this Act may
be used by the Administrator of the
Environmental Protection Agency to
accept, consider or rely on third-party
intentional dosing human toxicity
studies for pesticides, or to conduct
intentional dosing human toxicity
studies for pesticides until the
Administrator issues a final rulemaking
on this subject. The Administrator shall
allow for a period of not less than 90
days for public comment on the
Agency's proposed rule before issuing
a final rule. Such rule shall not permit
the use of pregnant women, infants or
children as subjects; shall be consistent
with the principles proposed in the
2004 report of the National Academy
of Sciences on intentional human
dosing and the principles of the
Nuremberg Code with respect to human
experimentation; and shall establish an
independent Human Subjects Review
Board. The final rule shall be issued
no later than 180 days after enactment
of this Act."
Summary of Legal Basis:
With respect to pesticides, the Federal
Insecticide, Fungicide and Rodenticide
Act (7 U.S.C 136 et seq.), a licensing
statute, requires applicants for
registration to provide a "full
description of tests made and the
results thereof" and further authorizes
EPA to call in data to maintain a
registration under FIFRA sec. 3(c)(2)(B).
FIFRA sec. 2 5 (a] provides general
rulemaking authority to implement
these data requirements, and also to
interpret FIFRA sec. 12(a)(2)(P), which
makes it unlawful to conduct tests
using human subjects unless the
subjects volunteer for such tests and are
fully informed. Section 408(e) of the
Federal Food, Drug and Cosmetic Act
(21 U.S.C. 346a) authorizes the
Administrator to issue regulations
establishing general procedures and
requirements. EPA has broad authority
under 5 U.S.C. 301 and 42 U.S.C. 300v-
Kb).
Alternatives:
Although several options were
considered over the years, it is
important to note that the FY 2006
Appropriations Act, signed by the
President on August 2, 2005,
specifically directs the Agency to
promulgate a rule to address third party
intentional dosing human toxicity
studies for pesticides. In the Economic
Analysis that was prepared for the
proposed rule, EPA identified a range
of options for which potential impacts
have been evaluated and presented.
The first option involved continuing
current practice, but this option is not
viable given the recent congressional
mandate to promulgate a rule. The
second option would extend the
requirements of the Common Rule to
third-party human research only when
it involved intentional exposure studies
for the purpose of identifying or
quantifying a toxic effect. The third
option would extend the requirements
of the Common Rule to all third-party
intentional exposure human studies
intended for submission under FIFRA
or FFDCA, and the fourth option would
extend the requirements of the
Common Rule to all third-party human
research intended for submission under
the pesticide laws. All of the latter
three options include a requirement on
third parties to submit protocols for
review prior to initiating the types of
human research covered by the
Common Rule. Finally, options 2 - 4
include a provision prohibiting the
Agency and third parties from
conducting covered human research
with pregnant women or children as
subjects.
Anticipated Cost and Benefits:
The Agency has conducted a
preliminary analysis of the benefits of
a proposed rulemaking in qualitative
terms. These benefits included greater
protections for test subjects, and a
corresponding reduction in their risks,
to the extent that affected researchers
are not already following the Common
Rule. The general public will benefit
from the proposed rule because the rule
will strengthen the protections for
human subjects and reinforce the
Agency's strong commitment to base its
decisions on scientifically sound
information. The benefits to sponsors
of third-party human research include
a better understanding of the standards
-------
64260 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
that EPA will apply in determining
whether to rely on the results of their
studies, and thus, the opportunity to
design and perform studies that are
more likely to meet EPA standards,
leading to more efficient Agency
reviews. The preliminary analysis also
estimates the potential costs of the
proposed rule to third parties and to
EPA for implementing the new
requirements. In general, EPA believes
that most, if not all, third-party
research intended for submission to
EPA that involves intentional exposure
of human subjects already complies
with the Common Rule or an
equivalent international standard. For
purposes of this analysis, EPA assumed
that current practice was in full
compliance with the Common Rule. In
contrast, EPA assumed that other types
of third-party human research do not
comply with the Common Rule,
although it is likely that many
responsible for such research are aware
of and do follow Common Rule
principles relating to informed consent
and IRB review. After reviewing the
history of EPA's consideration of
research involving human subjects in
its various program offices, EPA
estimates that the proposed rule would
affect only a limited number of third-
party studies involving human subjects
each year. EPA also collected data on
the cost per study of compliance with
the Common Rule. These costs include
preparing documents to support review
by an IRB and the expense associated
with the IRB review. These costs are
very minor relative to the overall cost
of conducting the studies. For EPA, the
costs are associated with the review of
protocols and the review of completed
human studies to determine whether
they complied with the Common Rule.
For all of the options, the potential
costs of the proposed rule to third party
researchers and EPA are estimated to
be very low, both because the number
of affected studies is relatively small
and because the costs of compliance
with the Common Rule are low. Where
the option simply reflects the current
practice (option 1) the added total
incremental costs to third-party
sponsors of human research are zero.
EPA assumes that currently the
pesticide industry is already spending
$159,000 to $196,000 annually to
comply with the Common Rule for
intentional exposure human studies
and the Agency is currently spending
$113,000 a year to review, on a case-
by-case basis, the ethical aspects of
such studies. Option 2 would add an
estimated total annual incremental cost
to third parties of $7,532, and an
estimated annual cost to EPA of
$220,894. Option 3 would add an
estimated total annual incremental cost
to third parties of $16,140, and an
estimated annual cost to EPA of
$327,630. Option 4 would add an
estimated total annual incremental cost
to third parties of $202,700 to $242,796,
and an estimated annual cost to EPA
of $601,134. The proposed rule, if
finalized as proposed, is estimated to
result in a total annual incremental cost
to third parties of approximately
$16,000, and an estimated annual cost
to EPA of approximately $328,000.
Risks:
To the extent that affected researchers
are not already following the Common
Rule, this rulemaking will provide
greater protections for test subjects, and
thereby provide a corresponding
reduction in potential risks to these
individuals.
Timetable:
Action
ANPRM
Notice
NPRM
Final Action
Date
05/07/03
02/08/05
09/12/05
01/00/06
FR Cite
68 FR 24410
70 FR 6661
70 FR 53838
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Organizations
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: 703 308-4776
Email: carley.john@epamail.epa.gov
RIN: 2070-AD57
EPA
127. 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; 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 Government-wide 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,
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64261
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.
Statement of Need:
The Paperwork Reduction Act of 1995
establishes a Federal Government-wide
goal to reduce the paperwork and
reporting burden it imposes. The RCRA
Burden Reduction Initiative Proposed
Rulemaking makes the regulatory
changes necessary to meet this goal.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
Reducing recordkeeping and reporting
will require changes in our regulations.
There was no alternative to doing a
rulemaking. The Agency sought
opinions from the regulated community
on various burden reduction
possibilities.
Anticipated Cost and Benefits:
Our preliminary cost benefit analyses
for the final rule shows a savings of
between 38,800 and 54,000 burden
hours. The total annual cost savings
under the final rule ranges from
approximately $3.1 million to $4
million. The rule will have minimal
impact on the protectiveness of the
RCRA regulations. It will eliminate or
streamline paperwork requirements that
are unnecessary.
Risks:
The rule will have no risk impacts.
Timetable:
Action
NODA 1
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 61662
11/00/05
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4084; Applicable SIC codes:
Chemicals and Allied Products (28),
Primary Metal Industries (33),
Fabricated Metals (34), Industrial
Machinery and Equipment (35),
Electrical Equipment (36),
Transportation Equipment (37), Other
Manufacturing, Transportation and
Utilities (40-49), Wholesale Trade (50-
51), Services (70-89) and Other SIC
Groups
Sectors Affected:
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
EPA
128. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 6903 "RCRA Section 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.
Statement of Need:
EPA is revising the definition of solid
waste to increase recycling and as a
response to several court decisions.
Summary of Legal Basis:
Association of Battery Recyclers v.
EPA, 203 F. 2d 1047 (D.C. Cir. 2000);
American Mining Congress v. EPA, 824
F. 2d 1177 (D.C. Cir. 1987) and other
cases
Alternatives:
We have solicited comment in the
proposal on several alternative
regulatory options, including a broad
exclusion for legitimately recycled
materials, and are currently evaluating
public comments on all available
options.
Anticipated Cost and Benefits:
We expect that this rule will increase
the recycling of wastes covered by the
rule. We have prepared an economic
analysis for the proposed rule, and we
are presently developing preliminary
costs and benefits for all our regulatory
options. When an option is chosen and
a final rule is drafted, we will prepare
a detailed economic analysis
quantifying the costs and benefits.
Risks:
We are developing conditions for the
final rule so that there will be no
negative impacts on human health and
the environment.
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
Additional Information:
SAN No. 4670; Listed in the 2005 OMB
report, Regulatory Reform of the U.S.
Manufacturing Sector. EPA and OMB
-------
64262 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
have determined that this reform has
potential merit and justifies further
action.
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
EPA
129. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 300 g-1 "SDWA 1412 (b)(8)";
42 USC 300J-4 "SDWA 1445"
CFR Citation:
40 CFR 141; 40 CFR 142
Legal Deadline:
Other, Statutory, 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 ground water in May
of 2000. The proposed requirements
provide a meaningful opportunity to
reduce public health risk for a
significant number of people served by
ground water 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 ground water
systems requiring the evaluation of
eight elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions:
Eliminate the source of contamination;
correct the significant deficiency;
provide an alternative source water, or
provide a treatment which achieves at
least 99.99 percent (4-log) inactivation
or removal of viruses; and compliance
monitoring to insure disinfection
treatment is reliably operated where it
is used. 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.
Statement of Need:
Public water systems (PWSs) that use
ground water as their sole source of
water, as opposed to surface water
PWSs, are not federally regulated as to
treatment for microorganisms. There is
data that indicates that a number of
ground water PWSs are contaminated
with microorganisms of fecal origin that
can and have caused illness.
Summary of Legal Basis:
Section 1412(b)(8) of the Safe Drinking
Water Act requires that EPA develop
regulations specifying the use of
disinfectants for ground water systems
as necessary and ".. .(as part of the
regulations) promulgate criteria.. .to
determine whether disinfection shall be
required as a treatment technique for
any public water system served by
ground water."
Alternatives:
EPA considered four regulatory
alternatives in the development of the
GWR proposal: The proposed
regulatory alternative (multi-barrier
option), the sanitary survey option, the
sanitary survey and triggered
monitoring option, and the across-the-
board disinfection option. All options
include the sanitary survey provision.
The sanitary survey option would
require the primary agency to perform
surveys every 3 to 5 years, depending
on the type of system. If any significant
deficiency is identified, a system is
required to correct it. The sanitary
survey and triggered monitoring
options adds a source water fecal
indicator monitoring requirement
triggered by a total coliform positive
sample in the distribution system. The
multi-barrier option, which was
proposed by EPA, adds a hydrogeologic
sensitivity assessment to these elements
which, if a system is found to be
sensitive, results in a routine source
water fecal indicator monitoring
requirement. The multi-barrier option
and the sanitary survey and triggered
monitoring options are targeted
regulatory approaches designed to
identify wells that are fecally
contaminated or are at a high risk for
contamination. These across-the-board
disinfection options would require all
systems to install treatment instead of
trying to identify only the high risk
systems; therefore, it has no
requirement for sensitivity assessment
or microbial monitoring.
Anticipated Cost and Benefits:
EPA estimates the cost of the proposed
GWR will be $183 million dollars per
year (using a 3% discount rate). More
than half of the estimated costs are for
corrective actions which systems will
be required to take to fix or prevent
fecal contamination. The remainder of
the costs are due to increased scope
and frequency of sanitary surveys,
hydrogeologic sensitivity assessments
and source weiter monitoring. System
costs are expected to be $162 million
per year for implementation of the
GWR. States are expected to incur costs
of $21 million per year. Cost estimates
do not include land acquisition, public
notification or the potential cost of
illness due to exposure to disinfection
by-products. The total estimated value
of these benefits is $205 million per
year, $139 million from avoided illness
and $66 million from avoided deaths.
These benefits are monetized based on
a cost of illness and a value of
statistical life. These estimates do not
include pain and suffering associated
with viral and bacterial illness avoided
outbreak response costs (such as the
costs of providing public health
warnings and boiling drinking water),
and possibly the avoided costs of
averting behavior and reduced
uncertainty about drinking water
quality.
Risks:
EPA estimates that currently over
200,000 illnesses and 18 deaths occur
each year due to viral and bacterial
contamination of public ground water
systems. Children, the elderly and the
immunocompromised are particularly
sensitive to the waterborne pathogens
and account for between 20 and 30
percent of the; illnesses and deaths. As
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64263
proposed, the GWR is expected to
reduce the total number of illness by
115,000 and the total number of deaths
by 11 each year. The GWR in
conjunction with the Surface Water
Treatment Rule (SWTR), the Total
Coliform Rule (TCR), the Interim
Enhanced Surface Water Treatment
Rule (IESWTR), the Filter Backwash
Rule (FBR) and the Long Term
Enhanced Surface Water Treatment
Rules (LT1ESWTR & LT2ESWTR) will
provide protections to the consumers of
public water supply systems from
waterborne pathogens.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/10/00
04/00/06
65 FR30194
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
EPA
130. 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 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.
Statement of Need:
The purpose of the Long Term 2
Enhanced Surface Water Treatment
Rule (LT2ESWTR) is to reduce health
risks posed by Cryptosporidium and
other microbial pathogens in drinking
water. Cryptosporidium is a protozoa
which causes cryptosporidiosis, a
severe gastrointestinal disease. While
cryptosporidiosis is generally self
limiting in healthy individuals, it can
be fatal for people with compromised
immune systems. Cryptosporidium is
removed to a degree by filtration but
is highly resistant to conventional
drinking water disinfectants, including
chlorine and chloramines. EPA has
recently collected a significant amount
of data on occurrence of
Cryptosporidium in drinking water
sources through the Information
Collection Rule (ICR) and ICR
Supplemental Surveys. These data
indicate that a subset of drinking water
systems has an unacceptably high risk
for Cryptosporidium in their treated
water. The LT2ESWTR is intended to
identify systems at high risk for
Cryptosporidium through monitoring
and prescribe an appropriate level of
additional treatment. In addition, the
LT2ESWTR will be promulgated
simultaneously with the Stage 2
Disinfectants and Disinfection
Byproducts Rule (DBPR). This will help
to ensure that drinking water utilities
do not compromise adequate microbial
protection while they take steps to
control DBFs.
Summary of Legal Basis:
Section 1412(b)(7)(A) of SOW A
authorizes the Administrator to
promulgate a national primary drinking
water regulation that requires the use
of a treatment technique in establishing
a maximum contaminant level if the
Administrator makes a finding that it
is not feasible to ascertain the level of
the contaminant. The MCLG for
Cryptosporidium is zero and it is not
feasible for public water systems to
measure Cryptosporidium
concentrations in treated water.
Consequently, under Section
1412(b)(l)(A), the Administrator may
establish a treatment technique for
Cryptosporidium if this presents a
meaningful opportunity for health risk
-------
64264 Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan
reduction. Although the 1996
Amendments do not require EPA to
finalize a Long Term 2 Enhanced
Surface Water Treatment Rule
"concurrently with" the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
it is important to finalize these rules
together.
Alternatives:
EPA is considering various rule
scenarios to reduce risk from
Cryptosporidium. These scenarios
include treatment requirements that
would apply to all systems, such as
requiring all conventional plants to
achieve 2-log inactivation of
Cryptosporidium. Alternative scenarios
have involved assigning systems to bins
based on mean Crypto source water
concentrations. Additional treatment
requirements would then depend on
the bin to which a system was
assigned. Issues associated with the
binning approach include: amount of
monitoring necessary to assign systems
to bins, appropriate Crypto
concentrations to demarcate bin
boundaries, and appropriate level of
additional treatment for a given bin.
EPA is exploring analyses that evaluate
the impact of these issues on costs and
benefits. EPA has also considered
options to reduce the impact on small
systems.
Anticipated Cost and Benefits:
EPA estimates that the LT2ESWTR, as
proposed, will have an annual cost of
$73 to $111 million per year. The
majority of people (approximately 67%)
are served by public water systems that
use a surface water or ground water
under the direct influence of surface
water. Thus, a large number of people
will benefit from the LT2ESWTR. EPA
estimates that the proposed LT2ESWTR
would prevent up to 1,020,000 cases
of cryptosporidiosis annually with an
economic benefit of up to $1.4 billion.
In addition, EPA has recently identified
UV light as a technology that can
achieve high levels of Cryptosporidium
inactivation at relatively low cost.
Risks:
Approximately 67 percent of consumers
are served by drinking water systems
that use surface water sources or
ground water under the direct influence
of surface water. Survey data indicate
that Cryptosporidium is prevalent in
drinking water sources and current
levels of treatment may not be adequate
to control highly resistant pathogens
like Cryptosporidium.
Cryptosporidiosis is a potentially fatal
disease in people with weak immune
systems, such as infants, the elderly,
people with AIDS, and people taking
immune suppressing drugs like cancer
and transplant patients. By requiring
additional treatment for those systems
with the highest concentrations of
Cryptosporidium in their source waters,
EPA expects to significantly reduce
current risk.
Timetable:
Action
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, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 4341;
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Sean Conley
Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-1781
Fax: 202 564-3767
Email: conley.sean@epa.gov
Dan Schmelling
Environmental Protection Agency
Water
4607M
Washington, DC 20460
Phone: 202 564-5281
Fax: 202 564-3767
Email: schmelling.dan@epa.gov
RIN: 2040-AD37
EPA
131. 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
DBPs and microbiological pathogens
than was previously available. EPA also
used new information on the health
effects of exposure to DBPs to
determine effective regulatory
requirements for controlling risk. On
March 30, 1999, EPA reconvened a
committee of stakeholders under the
Federal Advisory Committee Act
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/The Regulatory Plan 64265
(FACA) to assist in the development of
these rules; an Agreement in Principle
was signed in September 2000
outlining the proposed rule options.
Statement of Need:
The purpose of the Stage 2
Disinfectants/Disinfection Byproducts
Rule (DBPR) is to reduce potential
health risks posed by disinfection
byproducts (DBFs). Certain DBFs have
been shown in laboratory tests to be
carcinogens or to cause adverse
reproductive and developmental health
effects. In addition, epidemiology
studies have indicated that exposure to
chlorinated water may increase the risk
of bladder cancer, miscarriage, and
certain developmental defects. The
Stage 2 DBPR is designed to reduce
peak events in DBF exposure in order
to mitigate these potential health risks.
Summary of Legal Basis:
Section 1412(b)(2)(C) of SDWA, as
amended in 1996, requires EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule no later than July 14, 2003.
Although the 1996 Amendments do not
require EPA to finalize a Long Term
2 Enhanced Surface Water Treatment
Rule concurrently with the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
it is important to finalize these rules
together.
Alternatives:
EPA is considering various rule
scenarios to achieve reductions in
disinfection byproduct exposure. These
alternatives include: decreasing the
standard set in the Stage 1 DBPR (0.080
mg/L total trihalomethanes (TTHM) and
0.060 mg/L the sum of 5 haloacetic
acids (HAA5)) by half and maintaining
a running annual average compliance
calculation; maintaining 80/60
TTHM/HAA5 standards but revising
the compliance calculation to a stricter
locational running annual average;
setting the 80/60 TTHM/HAA5
standard as a never to be exceeded
maximum; and revising the standard
for bromate which is currently 0.010
mg/L. EPA has also considered options
to reduce the impact on small systems.
Anticipated Cost and Benefits:
EPA estimates that the Stage 2 DBPR
will have an annual economic impact
of $59-65 million. Over 200 million
people are served by public water
systems that apply a disinfectant (e.g.,
chlorine) to water in order to provide
protection against microbial
contaminants and potentially exposed
to DBFs. Thus, a large number of
people will benefit from the Stage 2
DBPR.
Risks:
Over 200 million people are served by
public water systems that apply a
disinfectant (e.g., chlorine) to water in
order to provide protection against
microbial contaminants. Due to the
large number of people exposed to
DBFs, there is a substantial concern for
any risks associated with DBFs that
may impact public health. EPA
estimates that the Stage 2 DBPR will
decrease exposure to DBFs on average
but, more importantly, the rule will
significantly reduce exposure to peak
occurrences of DBFs.
Timetable:
Action Date FR Cite
NPRM
Final Action
08/18/03
12/00/05
68 FR 49548
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 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
Washington, DC 20460
Phone: 202 564-5270
Fax: 202 564-3767
Email: regli.stig@epamail.epa.gov
RIN: 2040-AD38
BILLING CODE 6560-50-S
-------
65206
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL7971-7
Fall 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:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Rule and major policymakings
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 Regulatory Goals
and What Key Principles, Statutes,
and Executive Orders Inform Our
Rule and Policymaking Process?
B. How Can You Be Involved in EPA's
Rule and Policy Making 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?
H. Thank You for Collaborating with Us
A. What Are EPA's Regulatory Goals
and What Key Principles, Statutes, and
Executive Orders Inform 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 fully
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 decision makers 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 a central
tenet in environmental problem solving.
The integration of all these elements via
a well managed regulatory development
process and a strong commitment to
innovative solutions will ensure that we
all benefit from significant
environmental improvements that are
fair, efficient, and protective. 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 new Statement of
Priorities in the FY 2006 Regulatory
Plan (www.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 )ustice; 59 FR 7629;
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255, August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249, November 9, 2000), and 13211
(Energy; 66 FR 28355, May 22, 2001).
You can find information on these
laws and Executive Orders through
links from www.epa.gov/regagenda.
B. How Can You Be Involved in EPA's
Rule and Policy Making 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 non-regulatory action. You can be
particularly helpful and persuasive if
you provide examples to illustrate your
concerns and offer specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. 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:
• Administrative actions such as
delegations of authority, changes of
address or phone numbers.
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65207
EPA
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes.
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act;
Decision documents defining and
establishing registration standards;
decision documents and termination
decisions for the Special Review
Registration process; and data call-in
requests made under section
3(c)(2)(B).
• Under the Federal Food, Drug, and
Cosmetic Act: Actions regarding
pesticide tolerances and food additive
regulations, including the tolerance
reassessment process.
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
• Under the Clean Water Act: State
Water Quality Standards; deletions
from the section 307(a) list of toxic
pollutants; suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
delegations of NPDES authority to
States.
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
There is no legal significance to the
omission of an item from the Agenda.
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 20-45, 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 included 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.
EPA's and other agencies' Regulatory
Plans are published together in part 2 of
the Federal Register on the same day
that the Regulatory Agenda is
published. To save money we do not
include detailed information on actions
that are included in the Plan in the
Regulatory Agenda itself; rather, we
cross-reference the Plan entries.
To Find the Regulatory Plan:
EPA's FY06 Regulatory Plan is located
in part 2 of this issue of the Federal
Register. Within a day or two of
publication, on-line versions will be
located at
http://www.epa.gov/REGAGENDA and
at
http://ciir.cs.umass.edu/ua/Fall2005/
regplan/ENVIRONMENTAL
PROTECTION_AGENCY_(EP A) .html
D. How is the Agenda Organized?
We have organized the Agenda:
First, into fourteen divisions based on
the law that would authorize a
particular action. These divisions are:
1. General, which includes 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)
5. The Federal Food, Drug, and
Cosmetic Act (FFDCA)
6. The Toxic Substances Control Act
(TSCA)
7. The Emergency Planning and
Community Right-to-Know Act
(EPCRA)
8. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
9. The Resource Conservation and
Recovery Act (RCRA)
10. The Oil Pollution Act (OPA)
11. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
12. The Clean Water Act (CWA)
13. The Safe Drinking Water Act
(SDWA)
14. 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 a final rule
within a year.
4. Long-Term Action - This section
includes rulemakings for which the
next scheduled regulatory action is
after October 2006.
5. Completed Action - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the spring 2005 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.
Third, by the Regulation Identifier
Number (RIN) that is assigned when an
action first appears in the Agenda. The
RIN has two parts: The first part
corresponds to the lead subagency
within EPA (e.g. 2040 stands for the
Office of Water, 2060 for the Office of
Air and Radiation); the second part
corresponds to the order in which
actions were added to 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 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
-------
65208
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
"economically significant" and "other
significant."
Economically Significant: Under
Executive Order 12866, a rulemaking
action that may have an annual effect on
the economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
Other Significant: A rulemaking that is
not economically significant but is
considered significant for other reasons.
This category includes rules that may:
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
ofEO 12866.
Also, if we believe that a rule may be
"major" as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.)
because it is likely to result in an annual
effect on the economy of $100 million
or more or meets other criteria specified
in this law, we indicate this under the
"Priority" heading with the statement
"Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the Code
of Federal Regulations that would be
affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations) that
documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
developing an action. The projections in
the agenda are our best estimates as of
the date we submit the agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
Regulatory Flexibility Act (RFA).
Generally, such an analysis is required
for proposed or final rules subject to the
RFA that EPA believes may have a
significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small businesses, small
governments, or small nonprofit
organizations.
Government Levels Affected: Indicates
whether we expect the rule to have any
effect on levels of government and, if so,
whether the governments are State,
local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of the
Unfunded Mandates Reform Act
generally requires an assessment of
anticipated costs and benefits if a rule
includes a mandate that may result in
expenditures of more than $100 million
in any one year by State, local, and
tribal governments, in the aggregate, or
by the private sector. If we expect to
exceed this $100 million threshold, we
note it in this section.
Energy Impacts: Indicates whether the
action is a significant energy action
under Executive Order 13211.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: 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:
http://docket.epa.gov/edkpub/index.jsp.
Once there, to get into the edocket for
a particular rule you will need the
edocket identification number. We
include this number in the additional
information section of Agenda entries
that have already been proposed.
EDOCKET, EPA's electronic public
docket and comment system, will be
replaced by an enhanced Federal-wide
electronic docket management and
comment system located at
www.regulations.gov. When that occurs,
you should be redirected to that site to
access the docket and submit comments.
Follow the on-line instructions to access
this docket and submit comments.
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65209
EPA
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
non-rulemaking activities, such as
Federal Register documents seeking
public comments on draft guidance,
policy statements, information
collection requests under the Paperwork
Reduction Act, and other non-rule
activities.
2. EPA Websites
Some of the actions listed in the
Agenda include a URL that provides
additional information.
3. Regulatory Agenda Databases and
Search Engines
If you have access to the Internet you
can use databases and their
accompanying search engines
developed by the EPA and the
Regulatory Information Service Center
(RISC) at the General Services
Administration to help you locate
actions that are of interest to you. The
EPA Regulatory Agenda search engine is
located at www.epa.gov/regAgenda. We
thoroughly update this database each
spring and fall and we partially update
it several other times during the year.
RISC's searchable databases are at
http://ciir.cs.umass.edu/ua/.
4. Agenda Indexes
There are five indexes 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 index 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. Listservers
If you want to get 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://www.epa.gov/fedrgstr/
subscribe.htm. If you have e-mail
without full Internet access, please send
an e-mail to envsubset@epa.gov to
request instructions for subscribing to
the EPA Federal Register listservers.
G. What Special Attention Do We Give
to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA, the Agency must
prepare a formal analysis of the
potential negative impacts on small
entities, convene a Small Business
Advocacy Review Panel (proposed rule
stage), and prepare a Small Entity
Compliance Guide (final rule stage)
unless the Agency certifies a rule will
not have a significant economic impact
on a substantial number of small
entities. For more detailed information
about the Agency's policy and practice
with respect to implementing
RFA/SBREFA, please visit the
RFA/SBREFA website at
http://www.epa.gov/sbrefa/. See Index
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 Index 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). There is one rule for which
we are conducting a section 610 review
this year, 2050-AG26; Docket No. OAR-
2005-0166; Accidental Release
Prevention Requirements: Risk
Management Programs Under the Clean
Air Act, Section 112(r) (7) (Section 610
Review). We undertake section 610
reviews to decide whether we should
continue the rule unchanged, amend it,
or withdraw it. We announce our
forthcoming section 610 reviews in the
"Prerule" section of the Agenda. We
encourage small entities to provide
comments on the need to change this
rule. We will consider all of your
comments as we decide whether to
continue, amend, or withdraw this rule.
We particularly encourage comments by
small entities about how this rule could
be made clearer, more effective, or
remove conflicting or overlapping
requirements with other Federal or State
regulations.
EPA has established an official public
docket for each of our 610 Reviews. The
official public docket is the collection of
materials that is available for public
viewing at the docket facility. An
electronic version of the public docket
is available through EPA's electronic
public docket and comment system as
described below. You may use EPA
Dockets at http://www.epa.gov/edocket
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select "search,"
then key in the appropriate docket ID
number.
Certain types of information will not
be placed in EPA's electronic public
docket. Information claimed as
confidential business information (CBI)
and other information whose disclosure
is restricted by statute, which is not
included in the official public docket,
will not be available for public viewing
in EPA's electronic public docket. EPA's
policy is that copyrighted material will
-------
65210
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
not be placed in EPA's electronic public
docket but will be available only in
printed, paper form in the official public
docket. To the extent feasible, publicly
available docket materials will be made
available in EPA's electronic public
docket. Although not all docket
materials may be available
electronically, you may still access any
of the publicly available docket
materials through the docket facility
identified above. EPA intends to work
towards providing electronic access to
all of the publicly available docket
materials through EPA's electronic
public docket.
Unless otherwise indicated, please
direct your comments to the identified
Docket ID number for the specific 610
Review item. For these 610 Reviews,
please DO NOT submit CBI or
information that is otherwise protected
by statute. You may submit comments
electronically, by mail, or through hand
delivery/courier using one of the
following methods:
1. Electronically. If you submit an
electronic comment as prescribed
below, EPA recommends that you
include your name, mailing address,
and an e-mail address or other contact
information in the body of your
comment. Also include this contact
information on the outside of any disk
or CD ROM you submit, and in any
cover letter accompanying the disk or
CD ROM. This ensures that you can be
identified as the submitter of the
comment and allows EPA to contact you
in case EPA cannot read your comment
due to technical difficulties or needs
further information on the substance of
your comment. EPA's policy is that EPA
will not edit your comment, and any
identifying or contact information
provided in the body of a comment will
be included as part of the comment that
is placed in the official public docket,
and made available in EPA's electronic
public docket. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
i. Agency Website. Your use of EPA's
electronic public docket to submit
comments to EPA electronically is
EPA's preferred method for receiving
comments. Go directly to EPA Dockets
at http://epa.gov/edocket, and follow
the online instructions for submitting
comments. Once in the system, select
"search," and then key in the
appropriate Docket ID number. The
system is an "anonymous access"
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your comment.
Note that EPA Dockets will be replaced
by an enhanced Federal-wide electronic
docket management and comment
system located at www.regulations.gov.
When that occurs, you should be
redirected to that site to access the
docket and submit comments. Follow
the on-line instructions to access the
relevant docket and submit comments.
ii. Disk or CD ROM. You may submit
comments on a disk or CD ROM that
you mail to the mailing address
identified below. These electronic
submissions will be accepted in MS
Word, WordPerfect or ASCII file format.
Avoid the use of special characters and
any form of encryption.
in. Federal eRulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. By Mail. Send your comments,
identified by the appropriate Docket ID
number, to: EPA Docket Center
(EPA/DC), Environmental Protection
Agency, Mailcode: 28221, 1200
Pennsylvania Avenue NW., Washington,
DC, 20460
3. By Hand Delivery or Courier. Deliver
your comments, identified by the
appropriate Docket ID number, to: EPA
Docket Center (EPA/DC), EPA West,
Room B102,1301 Constitution Avenue
NW., Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Reading Room is (202) 566-1742. Such
deliveries are only accepted during the
Docket's normal hours of operation as
identified below. For public
GENERAL—Proposed Rule Stage
commenters, it is important to note that
EPA's policy is that public comments,
whether submitted electronically or on
paper, will be made available for public
viewing in EPA's electronic public
docket as EPA receives them and
without change, unless the comment
contains copyrighted material, CBI, or
other information whose disclosure is
restricted by statute. When EPA
identifies a comment containing
copyrighted material, EPA will provide
a reference to that material in the
version of the comment that is placed in
EPA's electronic public docket. The
entire printed comment, including the
copyrighted material, will be available
in the public docket. Public comments
submitted on computer disks that are
mailed or delivered to the docket will be
transferred to EPA's electronic public
docket. Public comments that are
mailed or delivered to the docket will be
scanned and placed in EPA's electronic
public docket. Where practical, physical
objects will be photographed, and the
photograph will be placed in EPA's
electronic public docket along with a
brief description written by the docket
staff. Please ensure that your comments
are submitted within the specified
comment period. Comments received
after the close of the comment period
will be marked "late." EPA is not
required to consider these late
comments. For these actions, please DO
NOT submit CBI or information that is
otherwise protected by statute.
H. Thank You for Collaborating with Us
Finally, we would like to thank those
of you who choose to join with us in
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
proven tool for solving the
environmental problems we face and
the Regulatory Agenda is an important
part of that process.
Dated: October 18, 2005.
Louise P. Wise,
Deputy Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
1019
Title
RAM Nn 4999 Pronosed Revision to EPA's Imolementina NEPA Reaulations
Regulation
Identifier
Number
2020-AA42
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65211
EPA
GENERAL—Proposed Rule Stage (Continued)
Sequence
Number
3013
3014
3015
3016
3017
3018
Title
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 Dehverables (508)
SAN No, 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada (Reg
Plan Seq No. 108)
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
2030-AA67
2030-AA88
2030- AA89
2030- AA90
2060-AN15
2090-AA35
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
GENERAL—Final Rule Stage
Sequence
Number
3019
3020
3021
3022
3023
3024
3025
Title
SAN No 3580 Incorporation of Class Deviations Into EPAAR .
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements
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. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces New Mexico (Phases l-ll)
Regulation
Identifier
Number
2030- AA37
2020-AA39
2025- AA07
2025- AA 13
2030- AA84
2080-AA06
2090- AA27
GENERAL—Long-Term Actions
Sequence
Number
3026
Title
SAN No 3240 Public Information and Confidentiality Regulations
Regulation
Identifier
Number
2025- AA02
GENERAL—Completed Actions
Sequence
Number
3027
Title
SAN No 4925 Technical Amendments to the Federal Policy for the Protection of Human Subjects
Regulation
Identifier
Number
2080-AA1 1
CLEAN AIR ACT (CAA)—Prerule Stage
Sequence
Number
3028
3029
3030
3031
3032
Title
SAN No. 5018 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7) (Section 610 Review)
SAN No. 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC)
SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations
SAN No. 5009 Advance Notice for Information on Determining the Emissions Reductions Achieved From Limiting
the VOC Content of Architectural Coatings
SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant
Regulation
Identifier
Number
2050-AG26
2060-AK75
2060-AM09
2060-AN42
2060-AN49
-------
65212
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3033 SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter (Reg Plan Seq No.
100) 2060-AI44
3034 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
3035 SAN No. 3649 Amendments to Method 24 (Water-Based Coatings) 2060-AF72
3036 SAN No. 4070 General Conformity Regulations; Revisions 2060-AH93
3037 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
3038 SAN No. 4752 Clean Air Fine Particle Implementation Rule (Reg Plan Seq No. 102) 2060-AK74
3039 SAN No. 4119 Performance Specification 16—Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources 2060-AH84
3040 SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment 2060-AJ41
3041 SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement Court Remand 2060-AJ78
3042 SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities—Residual Risk Standards 2060-AK09
3043 SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk and MACT Standards Review 2060-AK10
3044 SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards 2060-AK16
3045 SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060-AK18
3046 SAN No. 4668 NESHAP: Halogenated Solvent Cleaning—Residual Risk Standards 2060-AK22
3047 SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard 2060-AK23
3048 SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards 2060-AK14
3049 SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments 2060-AI62
3050 SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources (Reg Plan Seq No. 101) 2060-AK70
3051 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
3052 SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Arti-
cle 5 Countries 2060-AK45
3053 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (S02) Area 2008-AAOO
3054 SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions 2060-AJ25
3055 SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-Sulfur Highway Diesel
Fuel Transition Program for Alaska 2060-AJ72
3056 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
3057 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
3058 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
3059 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Allowables Plantwide Applicability Limit (PAL), Aggregation, and Debottlenecking (Reg Plan Seq No. 103) 2060-AL75
3060 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan 2060-AL83
3061 SAN No. 4804 Protection of Stratospheric Ozone; Allowance System for Controlling HCFC Production, Import and
Export; Correction 2060-AL90
3062 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
3063 SAN No. 4829 5-Year Review of MACT Standards for Large MWC 2060-AL97
3064 SAN No. 4830 Alternative Work Practice for Leak Detection and Repair 2060-AL98
3065 SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines Less Than 30 Liters
Per Cylinder (Reg Plan Seq No. 104) 2060-AM06
3066 SAN No. 4846 NESHAP: Municipal Solid Waste Landfills—Amendments 2060-AM08
3067 SAN No. 4859 NESHAP: Area Source Standards—Ethylene Oxide Hospital Sterilization 2060-AM14
3068 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl
Ketone (MIBK) 2060-AM20
3069 SAN No. 4848 NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk 2060-AM22
3070 SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments 2060-AM25
3071 SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated Gasoline and Gaso-
line Sulfur Rules 2060-AM27
3072 SAN No. 4864 NESHAP: Surface Coating of Metal Cans—Technical Amendments 2060-AM28
3073 SAN No. 4866 NESHAP: Site Remediation; Amendments 2060-AM30
3074 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65213
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3075 SAN No. 4882 Control of Emissions from Spark-Ignition Engines and Fuel Systems from Marine Vessels and
Small Equipment (Reg Plan Seq No. 105) 2060-AM34
3076 SAN No. 4891 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing; Amendments 2060-AM43
3077 SAN No. 4885 Flexible Air Permit Rule 2060-AM45
3078 SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural Coatings—Amendments 2060-AM47
3079 SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity: Notice of Proposed Rulemaking 2060-AM48
3080 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
3081 SAN No. 4918 Protection of the Stratospheric Ozone: Alternatives for the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54
3082 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
3083 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 2060-AM62
3084 SAN No. 4908 NESHAP: General Provisions—Amendments 2060-AM75
3085 SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments 2060-AM76
3086 SAN No. 4910 NESHAP: Organic Liquid Distribution—Amendments 2060-AM77
3087 SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion Engines 2060-AM81
3088 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
3089 SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments 2060-AM85
3090 SAN No. 4940 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions 2060-AM91
3091 SAN No. 4941 Amendments to Compliance Certification Requirements for State and Federal Operating Permits
Programs; Correction 2060-AM92
3092 SAN No. 4699 Implementing Periodic Monitoring in Federal and State Operating Permit Programs (Reg Plan Seq
No. 106) 2060-ANOO
3093 SAN No. 4757 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks and Heavy Duty
Vehicles 2060-AN01
3094 SAN No. 4955 NESHAP: Plastic Parts and Products (Surface Coating)—Area Source Rule 2060-AN08
3095 SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and
Light-Duty Trucks; Amendments 2060-AN10
3096 SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances in Foam
Blowing 2060-AN11
3097 SAN No. 4960 Response to Petition of Reconsideration for Findings of Significant Contribution and Rulemaking
for Georgia for Purposes of Reducing Ozone Interstate Transport 2060-AN12
3098 SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions to Improve Calculation of Fuel Economy Esti-
mates (Reg Plan Seq No. 107) 2060-AN14
3099 SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain Program and the NOx
Budget Trading Program 2060-AN16
3100 SAN No. 4972 Protection of Stratospheric Ozone: The 2006 Critical Use Exemption Rule From the Phaseout of
Methyl Bromide 2060-AN18
3101 SAN No. 4951 Revisions to Air Emissions Reporting Requirements 2060-AN20
3102 SAN No. 4978 NESHAP: Autobody Refinishing—Area Source Rule 2060-AN21
3103 SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone (Reg Plan Seq No. 109) 2060-AN24
3104 SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming Transport Classi-
fication 2060-AN26
3105 SAN No. 4794 Prevention of Significant Deterioration and Nonattainment New Source Review: Alternative Appli-
cability Test for Electric Generating Units (Reg Plan Seq No. 110) 2060-AN28
3106 SAN No. 4986 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2006 2060-AN29
3107 SAN No. 4991 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extin-
guishing Systems Restricting Use to Only Unoccupied Areas 2060-AN30
3108 SAN No. 4987 Industrial, Commercial, and Institutional Boiler and Process Heater NESHAP, Amendment 2060-AN32
3109 SAN No. 4988 National Emission Standards for Hazardous Air Pollutants: Polyvinyl Chloride and Copolymers Pro-
duction, Amendments 2060-AN33
3110 SAN No. 5010 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of HFE-7300 2060-AN34
3111 SAN No. 4910 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments 2060-AN37
3112 SAN No. 4989 NESHAP: Secondary Aluminum Production - Amendments 2060-AN38
3113 SAN No. 4993 Optional Chassis Certification for Diesel Vehicles 2060-AN39
-------
65214
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3114
3115
3116
SAN No. 4998 Air Quality Data Affected by Exceptional, Natural, and International Events
SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before De-
cember 9, 2004
SAN No. 5024 Renewable Fuel Standards Requirements for 2006 (Reg Plan Seq No. 111)
2060-AN40
2060-AN43
2060-AN51
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3117 SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuchdes Other Than Radon From DOE-Fa-
cilities 2060-AK81
3118 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 2060-AK60
3119 SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators 2060-AG31
3120 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060-AF83
3121 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
3122 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 2060-AE94
3123 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements
(40 CFR Part 60, Appendix F, Procedure 3) 2060-AH23
3124 SAN No. 4161 Update of Continuous Instrumental Test Methods 2060-AK61
3125 SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments 2060-AI66
3126 SAN No. 4313 Petitions To Dehst Hazardous Air Pollutants: MEK 2060-AI72
3127 SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments 2060-AK50
3128 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
3129 SAN No. 4689 Section 126 Rule Withdrawal Provision 2060-AK41
3130 SAN No. 3910 Streamlined Evaporative Test Procedures 2060-AH34
3131 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
3132 SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles and Light-Duty Trucks 2060-AK76
3133 SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines 2060-AK01
3134 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
3135 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
3136 SAN No. 4557 Amendments to the Requirements on Variability in the Composition of Additives Certified Under
the Gasoline Deposit Control Program 2060-AK62
3137 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
3138 SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements To Address New 8-
Hour Ozone Standard 2060-AM21
3139 SAN No. 4857 Fire Suppression and Explosion Protection Listing Under SNAP 2060-AM24
3140 SAN No. 4868 Exemption of Certain Area Sources From Federal and State Operating Permit Programs 2060-AM31
3141 SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides 2060-AM33
3142 SAN No. 4895 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods 2060-AM42
3143 SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels 2060-AM46
3144 SAN No. 4894 Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for
Essential Class I Ozone Depleting Substances 2060-AM56
3145 SAN No. 3259 Nonattainment Major New Source Review (NSR) 2060-AM59
3146 SAN No. 4890 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing;
Amendment 2060-AM72
3147 SAN No. 4911 NESHAP: Plywood and Composite Wood Products; Amendments 2060-AM78
3148 SAN No. 4912 New Source Performance Standards (NSPS) for Stationary Combustion Turbines 2060-AM79
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65215
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3149 SAN No. 4913 New Source Performance Standards (NSPS) for Electric Utility Steam Generating Units and Indus-
trial and Commercial Boilers 2060-AM80
3150 SAN No. 4914 Standards of Performance for Stationary Compression Ignition Internal Combustion Engines 2060-AM82
3151 SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality Assurance Requirements for
Downstream Oxygenate Blending 2060-AM88
3152 SAN No. 4934 Part 63 General Provisions—Response to Petition To Reconsider 2060-AM89
3153 SAN No. 4937 NESHAP for Refractory Products Manufacturing—Amendments 2060-AM90
3154 SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing; Reconsideration 2060-AM94
3155 SAN No. 4794 Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule (Reg Plan Seq No. 119) .... 2060-AM95
3156 SAN No. 3837 NESHAP: Industrial, Commercial, and Institutional Boilers and Process Heaters; Reconsideration'
Notice 2060-AM97
3157 SAN No. 4943 Revision to the Definition of Volatile Organic Compounds—Removal of VOC Exemptions for Cali-
fornia's Aerosol Coatings Reactivity-Based Regulation 2060-AM98
3158 SAN No. 4956 Rule on Section 126 Petition from NC to Reduce Interstate Transport of Fine PM and O3; FIPs to
Reduce Interstate Transport of Fine PM & O3; Revisions to CAIR Rule; Revisions to Acid Rain Program (Reg
Plan Seq No. 120) 2060-AM99
3159 SAN No. 4811 PM 2.5 and PM 10 Hot-Spot Analyses in Transportation Conformity Rule Amendments 2060-AN02
3160 SAN No. 4911 NESHAP: Plywood and Composite Wood Products; List of Hazardous Air Pollutants, Lesser Quan-
tity Designations, Source Category List; Reconsideration 2060-AN05
3161 SAN No. 4970 Small Municipal Waste Combustor New Source Performance Standards and Emission Guidelines
Amendments 2060-AN17
3162 Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-Specific Best Available Ret-
rofit Technology (BART) Determinations (Reg Plan Seq No. 121) 2060-AN22
3163 SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS - Phase 2 (Reg Plan Seq No. 122) 2060-AN23
3164 SAN No. 4994 Commercial and Industrial Solid Waste Incinerators NSPS and EG: Definitions 2060-AN31
3165 SAN No. 5001 Revisions to Motor Vehicle Diesel Fuel Sulfur Transition Provisions 2060-AN41
3166 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Used Ozone-Depleting
Substances for Destruction in the U.S 2060-AN48
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3167
3168
3169
3170
3171
3172
3173
3174
3175
3176
3177
3178
3179
3180
3181
3182
3183
SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant
SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard
SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment
SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(3); Revisions to the List of Substances
SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide
SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand)
SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins—Amendments
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas
SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk Standards
SAN No. 4657 NESHAP: Group II Polymers and Resins—Residual Risk Standards
SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading Operations—Residual
Risk Standard
SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards
SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating—Residual Risk Standards
SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations—Residual Risk Standards
SAN No. 4664 NESHAP: Printing and Publishing Industry—Residual Risk Standards
SAN No. 4663 NESHAP: Petroleum Refineries—Residual Risk Standards
2009-AAOO
2009-AA01
2060-AK68
2050-AE95
2050-AE96
2060-AI43
2060-AA61
2060-AH47
2060-AH01
2060-AK08
2060-AK13
2060-AK17
2060-AK19
2060-AK20
2060-AK21
2060-AK24
2060-AK25
-------
65216
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3184 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
3185 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines-Pe-
tition To Delist 2060-AK73
3186 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84
3187 SAN No. 4656 NESHAP: Group I Polymers and Resins—Residual Risk Standards 2060-AK12
3188 SAN No. 4658 NESHAP: Group IV Polymers and Resins—Residual Risk Standards 2060-AK15
3189 SAN 4383. Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia, Dela-
ware, Maryland, and New Jersey 2060-AI99
3190 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3191 SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to Section 502 of the
Clean Air Act 2060-AK46
3192 SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures 2060-AE20
3193 SAN No. 3262 Inspection/Maintenance Recall Requirements 2060-AE22
3194 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions 2060-AH31
3195 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment 2060-AI97
3196 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
3197 SAN No. 4783 Voluntary Superior Monitoring 2060-AK85
3198 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
3199 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
3200 SAN No. 4799 Consideration of Industry Petition To Remove the two-piece Can Subcategory From the Clean Air
Act Hazardous Air Pollutant Source Category List 2060-AL86
3201 SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual Flisk Standards 2060-AL93
3202 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
3203 SAN No. 4825 Mineral Wool Production Residual Risk Standard 2060-AL96
3204 SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99
3205 SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards 2060-AMOO
3206 SAN No. 4861 NESHAP: Area Source Standards—Paint Stripping 2060-AM07
3207 SAN No. 4873 NESHAP: Area Source Standards—Glass Manufacturing Industry 2060-AM12
3208 SAN No. 4860 NESHAP: Area Source Standards—Acrylic/ Modacrylic Fiber (AMF) Production 2060-AM13
3209 SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged Split Systems 2060-AM15
3210 SAN No. 4875 NESHAP: Oil and Natural Gas Production Facilities—Area Source Rule 2060-AM16
3211 SAN No. 4847 NESHAP: Oil and Natural Gas Production Residual Risk Standards 2060-AM18
3212 SAN No. 4874 NESHAP: Area Source Standards—Industrial Inorganic Chemicals Manufacturing 2060-AM19
3213 SAN No. 4865 Strategy for Addressing Air Emissions From Animal Feeding Operations 2060-AM26
3214 SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries 2060-AM36
3215 SAN No. 4886 NESHAP: Area Source Standards—Plating and Polishing 2060-AM37
3216 SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,
Commercial, and Institutional Boilers 2060-AM44
3217 SAN No. 4906 NESHAP: Area Source Standards—Clay Ceramics Industry 2060-AM53
3218 SAN No. 4699 Request for Comments on Potentially Inadequate Monitoring in Clean Air Applicable Requirements
and on Methods To Improve Such Monitoring 2060-AM63
3219 SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals—Zn, Cd, Be 2060-AM69
3220 SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals 2060-AM70
3221 SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF) Manufacturing 2060-AM71
3222 SAN No. 4907 NESHAP: Gasoline Distribution Stage I—Area Source Standards 2060-AM74
3223 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
3224 SAN No. 4866 NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36
3225 SAN No. 5012 NESHAP: Area Source Standards—Lead Acid Battery Manufacturing 2060-AN44
3226 SAN No. 5013 NESHAP: Area Source Standards—Primary and Secondary Copper 2060-AN45
3227 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 2060-AN46
3228 SAN No. 5016 NESHAP: Area Source Standards—Paint and Allied Products 2060-AN47
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65217
EPA
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3229 SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS - Phase 1 2060-AJ99
3230 SAN No. 4571 Clean Air Mercury Rule—Electric Utility Steam Generating Unit MACT 2060-AJ65
3231 SAN No. 4763 NESHAP: Ethylene Processes; Amendments 2060-AK80
3232 SAN No. 4391 Rescinding Finding That Preexisting PM10 Standards Are No Longer Applicable in Northern Ada
County/Boise, Idaho 2060-AJ05
3233 SAN No. 4450 Clean Air Visibility Rule 2060-AJ31
3234 SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline Revision 2060-AJ97
3235 SAN No. 4794 Clean Air Interstate Rule (Formerly Titled: Interstate Air Quality Rule) 2060-AL76
3236 SAN No. 4808 Amendments to the NESHAP for Cellulose Products Manufacturing 2060-AL91
3237 SAN No. 4840 Clean Air Fine Particle Designations 2060-AM04
3238 SAN No. 4855 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing—Amendments 2060-AM10
3239 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
3240 SAN No. 4863 NESHAP: Reinforced Plastic Composites—Amendments 2060-AM23
3241 SAN No. 4883 Test Procedures for Testing Highway and Nonroad Engines and Omnibus Technical Amendments 2060-AM35
3242 SAN No. 4893 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2005 2060-AM50
3243 SAN No. 4892 National Emission Standards for Pharmaceuticals Production; Amendments 2060-AM52
3244 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
3245 SAN No. 4919 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks; Amendments 2060-AM83
3246 SAN No. 4933 Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and
Ozone 2060-AM93
3247 SAN No. 4811 Transportation Conformity Amendments for the New PM 2.5 NAAQS Standards and PM 2.5 Pre-
cursors 2060-AN03
3248 SAN No. 4839 Extension of the Deferred Effective Date of Nonattainment Designations for 8-Hour Ozone NAAQS
for Early Action Compact Areas 2060-AN04
3249 SAN No. 4952 Stay of the Findings of Significant Contribution and Rulemakmg for Georgia for Purposes of Re-
ducing Ozone Interstate Transport 2060-AN06
3250 SAN No. 4954 Finding of Failure To Submit Section 110(a) SIP Requirements 2060-AN07
3251 SAN No. 4957 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing—Amendments 2060-AN09
3252 SAN No. 4961 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the
2005 Supplemental Request 2060-AN13
3253 SAN No. 4973 Control of Emissions of Air Pollution From Diesel Engines and Fuels; Amendments to the Nonroad
and Highway Diesel Fuel Regulations 2060-AN19
3254 SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration of NSR Anti-Backslidmg Provi-
sions 2060-AN25
3255 SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS; Final Identification of Ozone Areas for Which the
1-Hour Standard Has Been Revoked and Technical Corrections to Phase 1 Rule 2060-AN27
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3256
3257
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B, and 40 CFR 191, Sub-
part A
2060-AH63
2060-AH90
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3258
SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products
2070-AD51
-------
65218
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage (Continued)
Sequence
Number
3259
Title
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
Regulation
Identifier
Number
2070-AD49
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
^pfin
QOC-l
OOCQ
OOfiC
Title
SAN No 4175 Pesticide Tolerance Reassessment Program
SAN No 4610 Protections for Test Subjects in Human Research (Reg Plon Seq No. 126)
SAN No 2659 Pesticide Management and Disposal* Standards for Pesticide Containers and Containment
SAN No 3222 Groundwater and Pesticide Management Plan Rule
SAN No 4170 Pesticides* Procedures for the Registration Review Program (Rog Plan SGC* No. 124)
SAN No 4216 Pesticides' Emergency Exemption Process Revisions (Reg Plan Seq No. 125)
Regulation
Identifier
Number
2070-AD24
2070-AD57
2070-AB95
2070-AC46
2070-AD29
2070-AD36
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3266
3267
3268
3269
3270
3271
3272
3273
3274
3275
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. 4027 Pesticides; Tolerance Processing Fees
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. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
SAN No. 5007 Pesticides; Competency Standards for Occupational Users
SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions
2070-AC12
2070-AD30
2070-AD61
2070-AJ23
2070-AD55
2070-AD56
2020-AA44
2070-AD14
2070-AJ20
2070-AJ22
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3276
SAN No. 4727 Endocrine Disruptor Screening Program (EDSP); Chemical Selection Approach for Initial Round of
Screening
2070-AD59
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
2070-AB94
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65219
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
3278
3279
3280
3281
3282
3283
3284
3285
3286
3287
3288
3289
3290
Title
SAN No. 3557 Lead-Based Paint Activities; Amendments for Renovation, Repair and Painting (Reg Plan Seq No.
112)
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce
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. 4983 Significant New Use Rule (SNUR); Mercury Switches in Motor Vehicles
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
SAN No. 4858 Notification of Chemical Exports Under TSCA Section 12(b) (Reg Plan Seq No. 113) ...
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 Lead-Based Paint; Pre-Renovation Lead Education Rule
SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
SAN No. 4974 Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)
SAN No. 4984 Clarification on Guidance for Activated Phosphors
Regulation
Identifier
Number
2070-AC83
2070-AB20
2070-AD58
2070-AB79
2070-AJ19
2070-AD48
2070-AJ01
2070-AJ04
2070- AJ05
2070-AJ14
2070-AJ15
2070-AJ18
2070-AJ21
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3291
3292
3293
3294
3295
3296
3297
3298
3299
3300
3301
3302
3303
Reference
Sequence
Number
3304
3305
3306
3307
3308
3309
3310
3311
3312
3313
3314
Title
SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals (Reg Plan Seq No. 123)
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. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
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
SAN No. 3493 Testing Agreement for Maleic Anhydride
s in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Long-Term Actions
Title
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 3882 Test Rule; Certain Metals
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity ....
SAN No. 1923 Follow-Up Rules on Existing Chemicals
Regulation
Identifier
Number
2070-AC21
2070-AD16
2070-AB08
2070-AB1 1
2070-AD63
2070-AD25
2070- AJ02
2070- A J 06
2070-AJ09
2070-AJ10
2070-AJ1 1
2070-AJ12
2070-AJ13
Regulation
Identifier
Number
2070-AC51
2070-AC64
2070-AD52
2070-AA59
2070-AB27
2070-AC27
2070-AC76
2070-AD10
2070-AD28
2070-AD44
2070-AA58
-------
65220
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3315 SAN No. 3528 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs) 2070-AC37
3316 SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 2070-AD53
3317 SAN No. 4777 Lead-Based Paint; Amendments to Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing 2070-AD64
3318 SAN No. 3493 Testing Agreement for Aryl Phosphates (ITC List 2) 2070-AJ07
3319 SAN No. 3493 Test Rule; Brominated Flame Retardants (BFRs) 2070-AJ08
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Regulation
Title ld*ntifier
Number
3320 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
3321 SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule (Reg Plan Seq No. 118) 2025-AA14
3322 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
3323 SAN No. 2425 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals 2025-AA19
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
™
3324 SAN No. 4595 Rulemaking To Change Toxic Release Inventory (TRI) Reporting Requirements From Standard In-
dustrial Classification (SIC) Codes to North American Industrial Classification System (NAICS) Codes 2025-AA10
3325 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
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
„ Regulation
S,Sq"ehnce Title Identifier
Number Number
3326 SAN No. 3215 Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule 2050-AE17
3327 SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation 2025-AA11
3328 SAN No. 2425 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals 2025-AA17
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
Regulation
Title |d»ntffler
Number Number
3329 SAN No. 4938 TRI Reporting Forms Modification Rule 2025-AA15
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65221
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3330
SAN No. 4743 Land Disposal Restrictions: Determination of Equivalent Treatment for Macroencapsulation of Ra-
dioactive Lead Solids; Definition of Macroencapsulation
2050-AF12
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3331
3332
3333
3334
3335
ooqc
3337
3338
Title
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
SAN No 4651 Increase Metals Reclamation From F006 Waste Streams
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within the Organization
for Economic Cooperation and Development
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 and Research Labora-
tories
SAN No 4977 Expanding the Comparable Fuels Exclusion Under RCRA (Reg Plan Seq No. 117) ...
SAN No 5019 Criteria for Safe and Environmentally Protective Use of Granular Mine Tailings
SAN No 4828 RCRA Incentives for Performance Track Members
Regulation
Identifier
Number
2050-AE81
2050-AE97
2050-AE93
2050-AG15
2050-AG18
2050-AG24
2050-AG27
2090-AA34
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3339
TMD
3341
0040
0040
3344
3345
Title
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
SAN No 4084 RCRA Burden Reduction Initiative (Reg Plan Seq No. 127)
SAN No. 441 1 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 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
SAN No 4092 Recycling of Cathode Ray Tubes (CRTs)' Changes to Hazardous Waste Regulations
SAN No 4670 Revisions to the Definition of Solid Waste (Reg Plan Seq No. 128)
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing Facility in Hopewell
Regulation
Identifier
Number
2050-AE23
2050-AE50
2050-AE78
2050-AE51
2050-AE52
2050-AE98
2090- AA29
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3346
3347
3348
3349
3350
3351
3352
Mfia
Title
SAN No 3856 Management of Cement Kiln Dust (CKD)
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 4735 RCRA Smarter Waste Reporting
SAN No. 4701 E-Cycling Pilot Project for Region 3 States (EGOS); Streamlining RCRA Regulations To Encour-
age Reuse Recycling and Recovery of Electronic Equipment
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
SAN No 4824 Hazardous Waste Generator Program Evaluation .
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
Regulation
Identifier
Number
2050-AE34
2050-AE83
2050-AE67
2050-AF01
2003-AAOO
2050-AD69
2050-AG25
2050-AC71
-------
65222
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3354 SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent Requirements 2050-AF06
3355 SAN No. 3147 Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests 2050-AG20
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence T.,, Regulation
Number Tltle Identifier
Number
3356 SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-AE44
3357 SAN No. 3989 Methods Innovation Rule 2050-AE41
3358 SAN No. 3147 Hazardous Waste Manifest Regulation 2050-AE21
3359 SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 2050-AE84
3360 SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II) 2050-AE01
3361 SAN No. 4092 Hazardous Waste Management System; Modification of the Hazardous Waste Program: Mercury-
Containing Equipment 2050-AG21
3362 SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit 2090-AA14
OIL POLLUTION ACT (OPA)—Proposed Rule Stage
<3eaupnre Regulation
SNuqmber Tltle '#ntif,er
Number
3363 SAN No. 2634 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule, 40 CFR Part 112
(Reg Plan Seq No. 115) 2050-AG16
3364 SAN No. 2634 Regulatory Actions Associated with the Notices of Data Availability on the Spill Prevention, Con-
trol, and Countermeasure (SPCC) Rule, 40 CFR Part 112 (Reg Plan Seq No. 116) 2050-AG23
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
Title
Regulation
Identifier
Number
3365
3366
3367
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules
SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx (Reg Plan Seq No. 114)
SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan
2050-AD75
2050-AF02
2050-AG22
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3368
3369
SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related Hazardous Waste
Streams; Reportable Quantity Adjustment for Inorganic Chemical Manufacturing Process Waste (K178)
SAN No. 4739 Standards and Practices for Conducting All Appropriate Inquiries
2050-AE12
2050-AF04
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65223
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3372
Title
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Regulation
Identifier
Number
2050-AE63
2050-AF03
2050-AE62
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3373
3374
3375
Title
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
WafprQ
SAN No 4965 2006 Effluent Guidelines Program Plan
SAN No 4996 Concentrated Animal Feeding Operation Rule
SAN No 4979 Oil and Gas Phase II Storm Water Permit Requirements
Regulation
Identifier
Number
2050-AE87
2040-AD39
2040-AD89
2040-AE76
2040-AE80
2040-AE81
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3379
3380
3381
3382
3383
Title
SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
SAN No. 4543 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 31 6(b) of the Clean Water Act Phases
SAN No. 4950 Test Procedures for the Analysis of E. coli, Enterococci, Fecal Conforms, and Salmonella Under
the Clean Water Act
SAN No. 4995 Rulemaking on Direct Application of Pesticides to Waters of the United States in Compliance With
FIFRA
Regulation
Identifier
Number
2040-AD71
2040-AD70
2040-AE68
2040-AE78
2040-AE79
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
3384
3385
3386
3387
3388
3389
3390
3391
3392
3393
3394
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. 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. 4690 Policy Regarding National Pollutant Discharge Elimination System Permit Requirements for Munic-
ipal Wastewater Treatment During Wet Weather Conditions
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
2040-AD49
2040-AC75
2040-AC92
2040-AC93
2040-AD09
2040-AC84
2040-AD02
2040-AD87
2040-AE61
2040-AE69
2040-AE74
-------
65224
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
3395
3396
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
SAN No. 4980 Effluent Limitations Guidelines and Standards for the Vinyl Chloride and Chlor-Alkali Point Source
Categories
2040-AE77
2040-AE82
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
3397
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution
2040-AC58
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
3398 SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions 2040-AD93
3399 SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the Second Drinking
Water Contaminant Candidate List 2040-AE60
3400 SAN No. 4981 National Primary Drinking Water Regulations for Lead and Copper: Short-Term Regulatory Revi-
sions and Clarifications 2040-AE83
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Regulation
Sequence Tjt|e Identifier
Number Number
3401 SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule (Reg Plan Seq No. 129) 2040-AA97
3402 SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule (Reg Plan Seq No. 130) 2040-AD37
3403 SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule (Reg Plan
Seq No. 131) | 2040-AD38
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Regulation
SMqu
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65225
EPA
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
3411
Title
SAN No 2820 Shore Protection Act, Section 4103(b) Regulations
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3012. 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- 02/00/06
Final Action- 08/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292
Agency Contact: {Catherine 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
3013. 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:
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
3014. 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
Action
Date FR Cite Le9al Deadline: None
NPRM-
Final Action-
12/00/05
03/00/06
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;
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.
-------
65226
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—General
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
01/00/06
05/00/06
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
NW., 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
3015. AWARD TERM CONTRACTING
Priority: Info./Admin./Other
Legal Authority: 41 USC 4l8(b; 5 USC
301, sec 205(c); 63 Stat 390, as
amended
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-
11/00/05
08/00/06
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
NW., Washington, DC 20460
Phone: 202 564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
3016. 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-
12/00/05
03/00/06
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
NW., Washington, DC 20460
Phone: 202 564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA90
3017. AMENDMENT OF THE
STANDARDS FOR RADIOACTIVE
WASTE DISPOSAL IN YUCCA
MOUNTAIN, NEVADA
Regulatory Plan: This entry is Seq. No.
108 in part II of this issue of the
Federal Register.
RIN: 2060-AN15
3018. PROJECT XL SITE SPECIFIC
RULEMAKING FOR THE NASA WHITE
SANDS TEST FACILITY IN LAS
CRUCES, NEW MEXICO (PHASES
IM-VI)
Priority: Info./Admin./Other
Legal Authority: 33 USC 2701 to 2761;
42 USC 300(f) to 300(j) to 26; 42 USC
6901 to 6992(k)
CFR Citation: 40 CFR NYD
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 (SOWA). 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 ALr Quality Bureau. Doing
so will significantly reduce its
regulatory reporting costs and enhance
the State's ability to analyze and
manage the facility's regulatory and
permit information. The electronic
reporting involves six phases that will
transition NASA from submitting data
on a CD-ROM to utilizing the Internet
to transmit data to NMED. This rule
covers Phases III-VI of the project, the
previous NASA White Sands Test
Facility Final Rule covered Phases I-
II.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
02/00/06
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4836
Agency Contact: Adam Levitan,
Environmental Protection Agency,
Office of the Administrator, 1807T,
Washington, DC 20460
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
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA35
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65227
Environmental Protection Agency (EPA)
General
Final Rule Stage
3019. 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- 12/00/05
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
3020. 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
to take reasonable race/gender-
conscious measures (e.g., bidding
credits) in the event that race/gender-
neutral efforts prove inadequate to meet
fair share objectives; and (3)
administering statutory MBE/WBE
objectives as a national goal, allowing
smaller or larger fair share objectives
for particular grants or cooperative
agreements based on the availability
standard.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
07/24/03 68 FR 43824
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
3021. 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
-------
65228
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—General
Final Rule Stage
revisions or modifications to allow
electronic reporting.
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/31/01 66 FR 46162
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, 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: schwarz.david@epamail.epa.gov
RIN: 2025-AA07
3022. PRIVACY ACT REGULATIONS
(REVISED)
Priority: Info./Admin./Other
Legal Authority: 5 USC 552a
CFR Citation: 40 CFR 16 (revised)
Legal Deadline: None
Abstract: This action proposed to
revise the Privacy Act regulation to
exempt new systems and systems
currently claiming to be exempt from
the Act. Other revisions are generally
minor and include revising the access
provision so that a copy of a record
can be obtained without a personal
inspection; changing the time limit for
appeals of denials from 10 days to 30
days; changing the process for
accessing Privacy Act records and
contesting Privacy Act records from the
system manager to the Freedom of
Information Office; and referring
appeals from denials of system of
records maintained by the Office of
Inspector General to that office for
decision. The proposed rule does not
have implications on small businesses
nor State/local/tribal government.
Action
Date FR Cite
NPRM-
Final Action-
09/14/04 69 FR 55377
12/00/05
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
3023. 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 USC 418(b)
CFR Citation: 48 CFR 1515; 48 CFR
1535; 48 CFR 1552
Legal Deadline: None
Abstract: This rule includes
administrative changes to various
EPAAR clauses, such as address
changes and points of contact. Nothing
substantive will be affected.
Timetable:
Action
Date
FR Cite
Direct Final Action- 12/00/05
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. dan iel@epamail.epa.gov
RIN: 2030-AA84
3024. 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 final 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 than 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65229
EPA—General
Final Rule Stage
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- 10/00/05
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
3025. PROJECT XL SITE SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO (PHASES l-ll)
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: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has entered
into an XL (Excellence and Leadership)
Final Project Agreement (FPA) with the
National Aeronautics and Space
Administration (NASA) White Sands
Test Facility (WSTF) in Las Cruces, NM
to implement a project that would
modify reporting requirements under
the Resource Conservation and
Recovery Act (RCRA), the Safe Drinking
Water Act (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-
Fmal Action-
10/31/01 66 FR 55050
10/00/05
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
3026. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2005; 15 USC
2601 et seq; 21 USC 346; 33 USC 1251
et seq; 33 USC 1414; 42 USC 11001
et seq; 42 USC 300(f) et seq; 42 USC
4912; 42 USC 6901 et seq; 42 USC 7401
et seq; 42 USC 9601 et seq; 5 USC 552;
7 USC 136 et seq
CFR Citation: 40 CFR 2; 40 CFR 57;
40 CFR 122; 40 CFR 123; 40 CFR 145;
40 CFR 233; 40 CFR 260; 40 CFR 270;
40 CFR 271; 40 CFR 281; 40 CFR 350;
40 CFR 403; 40 CFR 85; 40 CFR 86
Legal Deadline: NPRM, Statutory,
August 31, 2000, 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
Date FR Cite
Action
NPRM1-
NPRM2-
NPRM 3-
NPRM 4-
Date FR Cite
11/23/94 59 FR 60446
10/25/99 64 FR 57421
12/21/99 64 FR 71366
08/30/00 65 FR 52684
ANPRM-
Final Action-
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
-------
65230
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—General
Long-Term Actions
Phone: 202-566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
Environmental Protection Agency (EPA)
General
Completed Actions
3027. TECHNICAL AMENDMENTS TO
THE FEDERAL POLICY FOR THE
PROTECTION OF HUMAN SUBJECTS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 26
Completed:
Reason
Date
FR Cite
06/23/05 70 FR 36325
Final Action -
Common Rule with
HHS-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Dennis Utterback
Phone: 202 564-6638
Fax: 202 565-2911
Email:
utterback.dennis@epamail.epa.gov
RIN: 2080-AA11
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Prerule Stage
3028. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7) (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74l2(r)
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: The Agency promulgated the
Accidental Release Prevention
Requirements on June 20, 1996 (61 FR
31668). The regulations apply to all
stationary sources with processes that
contain more than a threshold quantity
of a regulated substance. Processes are
divided into three categories based on
the potential for offsite consequences
associated with a worst-case accidental
release; accident history; or compliance
with the prevention requirements under
OSHA's Process Safety Management
(PSM). Processes that have no potential
impact on the public in the case of an
accidental release have minimal
requirements. For other processes,
sources must implement a risk
management program that includes
more detailed requirements for hazard
assessment, prevention, and emergency
response. Processes in industry
categories with a history of accidental
releases and processes already
complying with OSHA's PSM are
subject to prevention program
requirements that are virtually identical
to parallel elements of the OSHA
standard. All other processes are
subject to streamlined prevention
requirements. All sources must prepare
a risk management plan based on the
risk management programs established
at the source. The sources submit the
plan to EPA. The first submission was
on June 20, 1999. Some sources re-
submitted their plans or revised their
plans after the first submission. The
second submission was due on June 20,
2004. There are approximately 15,000
sources subject to the accidental release
prevention regulations. This new entry
in the Regulatory Agenda announces
that EPA will review this regulation
pursuant to section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610). EPA solicits comments on
the following factors: (1) The continued
need for the rule; (2) the nature of
complaints or comments received
concerning the rule from the public
since promulgation; (3) the complexity
of the rule; (4) the extent to which the
rule overlaps, duplicates or conflicts
with other Federal rule, and to the
extent feasible, with State and local
governmental rules; and (5) the length
of time since the rule has been
evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the rule. In the Agency's
view, there is a continued need for the
rule because it calls on sources to
reduce the probability and adverse
consequences of accidental releases of
substances that have the potential to
cause immediate harm to public health
and the environment, and stimulates
dialogue between industry and the
public to improve accident prevention
and emergency response practices. The
Agency has received few complaints
about this rule from small businesses.
The Agency has developed many
guidance documents to help small
entities comply with the rule. Efforts
were made to minimize the burden and
complexity of the rule by taking a
tiered approach. In other words,
entities with complex processes have to
follow more rigorous requirements and
those with simple processes follow
only some of the requirements. EPA
believes that there is no conflict or
overlap between this rule and any other
rule except for OSHA's PSM rule as
indicated above. This is the first time
the rule has been evaluated under the
RFA section 610. EPA has established
a public docket for this effort, Docket
No. OAR-2005-0166 at
http://www.epa.gov/edocket.
Timetable:
Action
Date FR Cite
Begin Review- 10/00/05
End Comment Period- 01/00/06
End Review- 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5018;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20004
Phone: 202 564-8019
Fax: 202 564-2625
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65231
EPA—Clean Air Act (CAA)
Prerule Stage
Email: jacob.sicy@epa.gov
Vanessa Rodriguez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriquez.vanessa@epa.gov
RIN: 2050-AG26
3029. 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 may
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). Alternatively,
EPA may go directly to a proposed
revision of policy.
Timetable:
Action
Date
FR Cite
Guidance-
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4759;
Agency Contact: William L. Johnson,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
Terry Keating, Environmental
Protection Agency, Air and Radiation,
6103A, Washington, DC 20460
Phone: 202 564-1174
Fax: 202 564-1554
Email: keating.terry@epa.gov
RIN: 2060-AK75
3030. 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 U.S.C. 7401 to
7671q
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: 202 343-2338
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
3031. • ADVANCE NOTICE FOR
INFORMATION ON DETERMINING THE
EMISSIONS REDUCTIONS ACHIEVED
FROM LIMITING THE VOC CONTENT
OF ARCHITECTURAL COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: CAAA sec 110
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: EPA will issue an Advanced
Notice of Proposed Rulemaking
(ANPRM) to discuss and take comment
on approaches for calculating emission
reductions from the national
architectural and Industrial
maintenance (AIM) coating rule and
other architectural rules. Review of the
comments received could result in a
rule or policy guidance on calculation
methodology.
Timetable:
Action
Date
FR Cite
ANPRM-
ANPRM Comment
Period End-
Notice
08/31/05 70 FR 51694
10/17/05
10/00/05
Regulatory Flexibility Analysis
Required: No
-------
65232
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Prerule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5009;
Agency Contact: David Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Reseach
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epa.gov
Marcia Spink, Environmental
Protection Agency, Air and Radiation,
3AP20, Philadelphia, PA 19103
Phone: 215 814-2104
Fax: 215 814-2124
Email: spink.marcia@epa.gov
RIN: 2060-AN42
3032. • ACTION ON PETITION TO LIST
DIESEL EXHAUST AS A HAZARDOUS
AIR POLLUTANT
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
February 11, 2005.
NPRM, Judicial, June 12, 2006,
Tentative deadline for proposal, under
negotiation.
Final, Judicial, May 1, 2007, Tentative,
under negotiation.
Abstract: EPA received a petition from
Environmental Defense to list Diesel
Exhaust as a Hazardous Air Pollutant
(HAP). Upon initially reviewing the
petition, we have decided the petition
needs to be reviewed and evaluated by
a Workgroup to make a final
determination on how to proceed. Our
initial review indicates that the petition
meets the CAAA requirements for
listing as a HAP, namely that (1) It is
an air pollutant, and (2) emissions,
ambient concentrations,
bioaccumulation, or deposition of the
substance must be known to cause or
reasonably anticipated to cause adverse
effects to human health or the
environment. The petition is based
primarily on human health effects, and
relies heavily on the EPA's Health
Assessment Document for Diesel
Engine Exhaust (2002), which shows
that exposure to diesel exhaust leads
cancerous and non-cancerous effects. In
addition, the National Air Toxics
Assessment (NATA) concludes that
diesel exhaust is among the air
pollutants that pose the greatest risk to
human health and that the ambient
concentration of diesel exhaust exceeds
EPA's non-cancer reference
concentration in multiple urban areas
across the U.S. This activity may be
considered precedent-setting, as a
pollutant has not been added to the
HAP list to date.
Timetable:
Action
Date
FR Cite
ANPRM-
03/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5020;
Agency Contact: Anne Rea,
Environmental Protection Agency, Air
and Radiation, C404-01, Research
Triangle Park, NC 27711
Phone: 919 541-0053
Fax: 919 541-0840
Email: rea.anne@epamail.epa.gov
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
RIN: 2060-AN49
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3033. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Regulatory Plan: This entry is Seq. No.
100 in part II of this issue of the
Federal Register.
RIN: 2060-AI44
3034. EVALUATION OF UPDATED
TEST PROCEDURES FOR THE
CERTIFICATION OF GASOLINE
DEPOSIT CONTROL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: All gasoline must contain
additives to control the formation of
deposits in the fuel supply system and
engine of motor vehicles. If
uncontrolled, such deposits can result
in a significant increase in motor
vehicle emissions. This action will
propose that updated test procedures be
adopted for the certification of gasoline
deposit control additives regarding
their ability to control fuel injector and
intake valve deposits. The adoption of
the updated procedures will ensure that
the gasoline deposit control program
continues to ensure an adequate level
of deposit control, thereby preventing
an increase in motor vehicle emissions.
The updated test procedures require
less time to perform and are less costly.
Therefore, the adoption of the proposed
procedures will reduce the burden on
industry of complying with the gasoline
deposit control program. The proposed
action will not impact small businesses,
or state, local, or tribal governments.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
10/00/05
08/00/06
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
3035. 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65233
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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-
10/00/05
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
Fax: 919 541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
3036. 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.
Timetable:
Action
Date FR Cite
NPRM- 01/00/06
Final Action- 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
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@epa.gov
Tom Coda, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3037
Fax: 919 541-0824
Email; coda.tom@epa.gov
RIN: 2060-AH93
3037. 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,
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-
01/00/06
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975
Agency Contact: Raj Rao,
Environmental Protection Agency, Air
and Radiation, C339-03, Research
Triangle Park, NC 27711
-------
65234
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C3 39-03, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AH37
3038. CLEAN AIR FINE PARTICLE
IMPLEMENTATION RULE
Regulatory Plan: This entry is Seq. No.
102 in part II of this issue of the
Federal Register.
RIN: 2060-AK74
3039. 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-
NPRM Comment
Period End-
Final Action-
08/08/05 70 FR 45608
10/07/05
06/00/06
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, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
RIN: 2060-AH84
3040. 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 Amdrnt- 05/23/02 67 FR 36476
Supplemental NPRM- 10/00/05
Final Action- 10/00/06
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: 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-AJ41
3041. PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENT TO
IMPLEMENT COURT REMAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999, and has
been codified in 40 Code of Federal
Regulations 63, Subpart LLL. The Sierra
Club and the National Lime Association
petitioned the court to review Subpart
LLL, while the American Portland
Cement Alliance (APCA) opted to
negotiate a settlement agreement. On
December 15, 2000, a panel of the D.C.
Circuit issued its opinion in National
Lime Ass'n 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65235
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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-
Final Action-
10/00/05
06/00/06
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@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AJ78
3042. NESHAP: ETHYLENE OXIDE
FOR STERILIZATION FACILITIES-
RESIDUAL RISK STANDARDS
Priority: Other Significant
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, completed Final
Agency Review, and submitted the
package to OMB on June 10, 2005. The
assessment results show cancer
incidence less than 1.
Timetable:
Action
Date FR Cite
NPRM-
10/00/05
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
3043. NESHAP: GASOLINE
DISTRIBUTION (STAGE I) RESIDUAL
RISK AND MACT STANDARDS
REVIEW
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 M2(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
will announce a decision and request
public comments on the residual risk
assessment and technology review for
the national emission standards. To
meet a consent deadline, EPA must
promulgate this decision by March 31,
2006.
Timetable:
Action
Date FR Cite
NPRM-
10/00/05
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
3044. 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
-------
65236
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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-
10/00/05
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
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
3045. NESHAP:
PERCHLOROETHYLENE DRY
CLEANING FACILITIES RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, April
28, 2006, court ordered deadline for
final rule.
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
> 2100 gallons of perc per year), subject
to MACT requirements under the
technology-based NESHAP
requirements. The remaining facilities
are area sources (use <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
Date
FR Cite
NPRM-
Final Action-
10/00/05
05/00/06
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@epa.gov
RIN: 2060-AK18
3046. NESHAP: HALOGENATED
SOLVENT CLEANING—RESIDUAL
RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
December 2, 2002.
Final, Judicial, December 31, 2006.
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
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-
01/00/06
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 Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65237
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: manning.elaine@epa.gov
RIN: 2060-AK22
3047. 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, Court ordered
deadline for final rule.
Other, Judicial, March 31, 2006.
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-
10/00/05
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 Dail,
Environmental Protection Agency, Air
and Radiation, C-539-03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
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@epa.gov
RIN: 2060-AK23
3048. NESHAP: HAZARDOUS
ORGANIC NESHAP (HON) RESIDUAL
RISK STANDARDS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
22, 2003.
Final, Judicial, December 30, 2006,
court ordered deadline for final rule.
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-
Final Action-
01/00/06
12/00/06
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
Fax: 919 541-3470
Email: mcdonald.randy@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@epa.gov
RIN: 2060-AK14
3049. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75lib
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-
01/00/06
10/00/06
-------
65238
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, 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
3050. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES
Regulatory Plan: This entry is Seq. No.
101 in part II of this issue of the
Federal Register.
RIN: 2060-AK70
3051. 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- 06/03/03 68 FR 33283
NPRM Correction- 10/02/03 68 FR 56809
Supplemental NPRM- 12/00/05
Final Action- 12/00/06
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: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AK26
3052. 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 Part 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- 10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4697
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 6205 J, Washington, DC
20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov;
hodayah
finman/dc/usepa/us@epamail. epa.gov
2008—aaOO Ross Brennan,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9226
Fax: 202 343-2338
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AK45
3053. 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65239
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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- 10/00/05
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@epamail.epa.gov
RIN: 2008-AAOO
3054. 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: Final, Judicial,
September 27, 2005, Relevant areas of
the PM monitoring methods and
network are tied to the consent decree
for the PM NAAQS.
NPRM, Judicial, December 20, 2005,
Relevant areas of the PM monitoring
methods and network are tied to the
consent decree for the PM NAAQS.
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.
Timetable:
Action
Date FR Cite
NPRM- 01/00/06
Final Action- 10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, 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
3055. 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
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,
-------
65240
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 re-proposal 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-
10/00/05
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, Ann Arbor, MI
48105
Phone: 734 214-4507
Fax: 734 214-4050
Email: korotney.david@epamail.epa.gov
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
Ann Arbor , MI 48105
Phone: 734 214-4264
Fax: 734 214-4816
Email: machiele.paul@epa.gov
RIN: 2060-AJ72
3056. 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, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
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
3057. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific rule-makings,
but to do so in a way that will not
degrade the performance of the overall
measurement system. 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65241
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
3058. 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 Original-
Final (Partial)-
NPRM-
07/11/97 62 FR 37338
12/31/97 62 FR 68196
10/00/05
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
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK77
3059. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ALLOWABLES
PLANTWIDE APPLICABILITY LIMIT
(PAL), AGGREGATION, AND
DEBOTTLENECKING
Regulatory Plan: This entry is Seq. No.
103 in part II of this issue of the
Federal Register.
RIN: 2060-AL75
3060. 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: EPA coordinated the Section
126 Rule with another rule known as
the NOx State implementation plan
(SIP) Call, because both rules address
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. In this current
action, EPA is proposing that the
Michigan Phase I SIP meets the
proposed revised Section 126 Rule
withdrawal criteria, and therefore, if
EPA finalizes the withdrawal criteria as
proposed, EPA would withdraw the
Section 126 Rule for sources in
Michigan.
Timetable:
Action Date FR Cite
NPRM-
10/00/05
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@epa.gov
RIN: 2060-AL83
-------
65242
Federal Register /Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3061. PROTECTION OF
STRATOSPHERIC OZONE;
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT AND EXPORT; CORRECTION
Priority: Info./Admin./Other
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- 10/00/05
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
3062. 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 767iq
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, ARE, and
Engine Manufacturers.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
11/00/05
03/00/06
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
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4405
Fax: 734 214-4053
Email: sherwood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epamail.epa.gov
RIN: 2060-AL92
3063. 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
NPRM-
Final Action-
Date
11/00/05
05/00/06
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4829;
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
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
RIN: 2060-AL97
3064. 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65243
EPA—Clean Air Act (CAA)
Proposed Rule Stage
emissions of volatile organic
compounds (VOC) and hazardous air
pollutants (HAP)under the Clean Air
Act. These regulations are codified at
40 CFR Part 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
3065. CONTROL OF EMISSIONS FROM
NEW LOCOMOTIVES AND NEW
MARINE DIESEL ENGINES LESS
THAN 30 LITERS PER CYLINDER
Regulatory Plan: This entry is Seq. No.
104 in part II of this issue of the
Federal Register.
RIN: 2060-AM06
3066. 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-
11/00/05
10/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4846;
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-AM08
3067. 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 area
source categories considered for listing.
Timetable:
Action Date FR Cite
NPRM- 01/00/06
Final Action- 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:
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-AM14
3068. 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
-------
65244
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 completed, but the results report
has not been published. The schedule
for the delisting petition is tied to a
report on the results of the bioassay.
Timetable:
Action
Date FR Cite
07/19/04 69 FR 42954
08/00/06
07/00/07
Notice-
NPRM-
Final Action-
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
3069. 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 standards, 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.
Timetable:
Action
Date FR Cite
NPRM- 06/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4848
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
David Guinnup, Environmental
Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC
27711
Phone: 919 541-5368
Email: guinnup.david@epa.gov
RIN: 2060-AM22
3070. NESHAP: HYDROCHLORIC ACID
PRODUCTION AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401et 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-
NPRM Comment
Period End-
Final Action-
08/24/05 70 FR 49530
10/24/05
05/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4867,
EDocket No. OAR-2002-0057
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@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
3071. REQUIREMENTS FOR
TRANSMIX PROCESSING AND
BLENDING UNDER THE
REFORMULATED GASOLINE AND
GASOLINE SULFUR RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545 (c) and
(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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65245
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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: ___^__
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. 4853;
Agency Contact: Chris McKenna,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW., Washington, DC 20460
Phone: 202 343-9037
Fax: 240 363-8260
Email: mckenna.chris@epamail.epa.gov
RIN: 2060-AM27
3072. NESHAP: SURFACE COATING
OF METAL CANS—TECHNICAL
AMENDMENTS
Priority: Info./Admin./Other
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:
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@epa.gov
RIN: 2060-AM28
3073. 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- 11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Action
Date
FR Cite
NPRM- 02/00/06
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@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-AM30
3074. 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-
10/00/05
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, Ann Arbor, MI 48105
Phone: 734 214-4614
Fax: 734 214-4053
-------
65246
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: rege.julia@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4851
Fax: 734 214-4053
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AM32
3075. CONTROL OF EMISSIONS FROM
SPARK-IGNITION ENGINES AND
FUEL SYSTEMS FROM MARINE
VESSELS AND SMALL EQUIPMENT
Regulatory Plan: This entry is Seq. No.
105 in part II of this issue of the
Federal Register.
RIN: 2060-AM34
3076. 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: A final rule for this source
category 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- 03/00/06
Final Action- 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
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C5 04-04, Research Triangle Park , NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AM43
3077. 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
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- 03/00/06
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
3078. NATIONAL VOLATILE ORGANIC
COMPOUND EMISSION STANDARDS
FOR ARCHITECTURAL COATINGS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
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- 04/00/06
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65247
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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@epa.gov
RIN: 2060-AM47
3079. CONTROL OF ULTRA LOW
SULFUR DIESEL FUEL LUBRICITY:
NOTICE OF PROPOSED RULEMAKING
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 non-compliance
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, Ann Arbor, MI 48105
Phone: 734 214-4937
Fax: 734 214-4055
Email: laroo.chris@epamail.epa.gov
RIN: 2060-AM48
3080. 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: Not Yet Determined
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 CFG and HCFC
refrigerants.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
02/00/06
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
Fax: 202 343-2338
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
3081. PROTECTION OF THE
STRATOSPHERIC OZONE:
ALTERNATIVES FOR THE MOTOR
VEHICLE 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 motor vehicle 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 motor vehicle 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
NPRM- 12/00/05
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: 202 343-2342
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: godwin.dave@epamail.epa.gov
RIN: 2060-AM54
3082. 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
-------
65248
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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- 05/00/06
Final Action- 03/00/07
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
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AM55
3083. 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). The action summarized
here, SAN 4676.3, when finalized, will
establish a regulatory definition for
maintenance and repair activities (that
are not equipment replacements) that
qualify for the RMRR Exclusion from
Major NSR. We previously proposed
options for this SAN in our RMRR
proposal on 12/31/02 (67 FR 80920).
However, this action will propose and
take comments on an additional
approach.
Timetable:
Action Date FR Cite
NPRM 09/00/06
Final Action 09/00/07
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 A2060. Split
from RIN A2060. Split from RIN 2060-
AK28
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
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
3084. 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-
02/00/06
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
Email: cozzie.david@epa.gov
RIN: 2060-AM75
3085. NESHAP: INTEGRATED IRON
AND STEEL; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Other, Judicial,
September 23, 2005, 113(g) notice
established proposal deadline.
Abstract: The EPA promulgated
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
integrated iron and 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-
08/30/05 70 FR 51306
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65249
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Action
Date FR Cite
NPRM Comment
Period End-
Final Action-
10/31/05
09/00/06
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM76
3086. 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.
Timetable:
Action
Date FR Cite
NPRM-
12/00/05
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
3087. STANDARDS OF
PERFORMANCE FOR STATIONARY
SPARK IGNITED INTERNAL
COMBUSTION ENGINES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Clean Air Act sec 111
CFR Citation: 40 CFR 60
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: Local,
State
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
3088. 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
indicating that a separate standard for
defense operations is a better approach.
Accordingly, this rulemaking 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- 05/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
-------
65250
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C5 39-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
BIN: 2060-AM84
3089. 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. The
amendments are being promulgated in
two groups, denoted by "1" and "2"
in the schedule below.
Timetable:
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM85
3090. 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
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
Final Action 1-
NPRM 2-
Final Action 2-
05/20/05 70 FR 29400
02/00/06
12/00/06
Regulatory Flexibility Analysis
Required: Undetermined
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,
Research Triangle Park, NC 27711
3091. AMENDMENTS TO
COMPLIANCE CERTIFICATION
REQUIREMENTS FOR STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS; CORRECTION
Priority: Info./Admin./Other
Legal Authority: 42 USC 74l4a; 42
USC 7661 to 766lf
CFR Citation: 40 CFR 70.6 (correction);
40 CFR 71.6 (correction)
Legal Deadline: None
Abstract: 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.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
02/00/06
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
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
Action
Date FR Cite
NPRM- 10/00/05
Direct Final Action- 10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4941,
EDocket No. OAR-2002-0062
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
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
MD C304-04, Research Triangle Park,
NC 27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epamail.epa.gov
RIN: 2060-AM92
3092. IMPLEMENTING PERIODIC
MONITORING IN FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Regulatory Plan: This entry is Seq. No.
106 in part II of this issue of the
Federal Register.
RIN: 2060-ANOO
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65251
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3093. 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 (formally 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
we should revise the process to include
a limited amount of testing.
Timetable:
Action
Date
FR Cite
Supplemental NPRM- 11/00/05
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, Ann Arbor, MI 48105
Phone: 734 214-4502
Fax: 734 214-4053
Email: hormes.linda@epamail.epa.gov
RIN: 2060-AN01
3094. 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-
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
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@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C5 39-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AN08
3095. 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.
Timetable:
Action
Date
FR Cite
NPRM- 02/00/06
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
-------
65252
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
C539-03, Research Triangle Park, NC
20460
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AN10
3096. PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR
OZONE-DEPLETING SUBSTANCES IN
FOAM BLOWING
Priority: Other Significant
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-
11/00/05
04/00/06
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
NW., Washington, DC 20460
Phone: 202 343-9387
Email: kocchi.suzanne@epamail.epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-ANll
3097. 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 is
responding to a 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,
EPA proposed to stay the effectiveness
of the 2004 rule on 3/1/05 (70 FR
9897), and is undertaking the
rulemaking described here to address
the issues raised by the petitioners.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
10/00/05
01/00/06
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
Email: king.jan@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
3098. FUEL ECONOMY LABELING OF
MOTOR VEHICLES: REVISIONS TO
IMPROVE CALCULATION OF FUEL
ECONOMY ESTIMATES
Regulatory Plan: This entry is Seq. No.
107 in part II of this issue of the
Federal Register.
RIN: 2060-AN14
3099. 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65253
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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- 11/00/05
Final Action- 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
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 20460
Phone: 202 343-9211
Fax: 202 343-9211
Email: murray.beth@epamail.epa.gov
RIN: 2060-AN16
3100. PROTECTION OF
STRATOSPHERIC OZONE: THE 2006
CRITICAL USE EXEMPTION RULE
FROM THE PHASEOUT OF METHYL
BROMIDE
Priority: Other Significant
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:
Timetable:
Action
Date
FR Cite
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. 4972
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 6205 J, Washington, DC
20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Hodayah Finman, Environmental
Protection Agency, Air and Radiation,
6205 J, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov;
hodayah
finman/dc/usepa/us@epam ail.epa.gov
RIN: 2060-AN18
3101. REVISIONS TO AIR EMISSIONS
REPORTING REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 51, subpart A
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 (CAffi), 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.
NPRM- 11/00/05
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 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
3102. 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
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.
-------
65254
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM-
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Aftected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 4978
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@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@epa.gov
RIN: 2060-AN21
3103. • REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Regulatory Plan: This entry is Seq. No.
109 in part II of this issue of the
Federal Register.
RIN: 2060-AN24
3104. • IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS:
RECONSIDERATION;
OVERWHELMING TRANSPORT
CLASSIFICATION
Priority: Other Significant
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 was issued as a
result of EPA's Reconsideration of the
Phase 1 Rule to Implement the 8-Hour
Ozone NAAQS as requested by
Earthjustice. Specifically, this rule will
address the Overwhelming Transport
Classification. The Phase 1 Rule
provided 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, the Phase 1 Rule
addressed the requirements of the CAA
and the Supreme Court's ruling. .
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
10/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.4; Split from RIN 2060-AJ99.
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN26
3105. • PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: ALTERNATIVE
APPLICABILITY TEST FOR ELECTRIC
GENERATING UNITS
Regulatory Plan: This entry is Seq. No.
110 in part II of this issue of the
Federal Register.
RIN: 2060-AN28
3106. • PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2006
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82.8(a)
Legal Deadline: None
Abstract: This rule will allocate
essential use allowances for import and
production of class I controlled
substances for calendar year 2005.
Essential use allowances enable a
company to obtain ozone depleting
substances as an exemption to the
regulatory ban on production and
import of these chemicals, which took
effect on January 1, 1996. EPA allocates
essential use allowances for exempted
production and import of a specific
quantity of chlorofluorocarbons solely
for use in medically essential asthma
inhalers.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
10/00/05
01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4986
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9712
Fax: 202 343-2363
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AN29
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65255
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3107. • PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
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: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone-
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Substitutes which
are deemed by EPA to be unacceptable
or acceptable subject to use restrictions
must go through notice and comment
rulemaking. Substitute lists are updated
intermittently depending on the volume
of notifications. Independent of any
petitions or notifications received, EPA
may also initiate updates to the
substitute lists based on new data on
either additional substitutes or on
characteristics of substitutes previously
reviewed. Based on new information on
the continued and growing use of
carbon dioxide total flooding fire
extinguishing systems, EPA is revising
its listing of carbon dioxide as an
acceptable total flooding substitute for
ozone-depleting halons to acceptable
subject to narrowed use limits. Use
would be limited to unoccupied areas
where personnel could not be exposed
to lethal concentration of the agent.
Recent changes to national fire
protection industry standards reflect
need to improve personnel safety
requirements for carbon dioxide
systems by limiting its applications.
Carbon dioxide total flooding fire
extinguishing systems are used in some
industrial applications such as
automobile paint rooms and in marine
applications such as machinery spaces.
Restricted use limits on carbon dioxide
total flooding systems supports the use
of substitutes that are not potentially
lethal to personnel that could be
exposed.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4991
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AN30
3108. • INDUSTRIAL, COMMERCIAL,
AND INSTITUTIONAL BOILER AND
PROCESS HEATER NESHAP,
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.7480
Legal Deadline: None
Abstract: On September 13, 2004,
national emission standards for
hazardous air pollutants (NESHAP) for
industrial, commercial and institutional
boilers, and process heaters were
promulgated. Following promulgation,
EPA received a petition for
reconsideration filed by the General
Electric Company. The petitioner claim
that the proposal did not provide
sufficient information on the emission
averaging provision added in the final
rule upon which to provide meaningful
comment. The petitioner requests
reconsideration or clarification that the
rule allows for consolidated testing of
commonly vented boilers. This
rulemaking will address that petition.
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM-
Final Action-
01/00/06
09/00/06
NPRM- 10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4987
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@epa.gov
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
RIN: 2060-AN32
3109. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: POLYVINYL CHLORIDE
AND COPOLYMERS PRODUCTION,
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4701 et seq
CFR Citation: 40 CFR 63.210 - 17
Legal Deadline: None
Abstract: This action re-proposes the
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
Polyvinyl Chloride and Copolymers.
These standards were proposed on
December 8, 2000 (65 FR 76958) and
originally promulgated on July 10, 2002
(67 FR 45886) but are expected to be
vacated. As of the date of the tiering
application, the actual vacatur has not
yet occurred. This action assures
continuity of the parts of the standard
that were upheld by the court in the
event of expected vacatur, and
precludes implications of CAA section
112(j) which is triggered when the EPA
does not have a standard for a source
category subject to 112(d) promulgated.
This action also recognizes that one
component of these standards,
regarding the use of vinyl chloride as
a surrogate for all other HAP, was not
upheld by the court and warrants
further study. This action also
recognizes that these MACT standards
are effective in the absence of this one
component for the purposes of 112(j),
and this component will be addressed
in a separate subsequent rulemaking.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
10/00/05
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
65256
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988,
EDocket No. OAR-2002-0037
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@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@epa.gov
RIN: 2060-AN33
3110. • AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
HFE-7300
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: This is a deregulatory action
to exclude HFE-7300 from the list of
volatile organic compounds (VOCs) on
the basis that, as a precursor, this
compound makes a negligible
contribution to the formation of
tropospheric ozone. This compound
has potential for use as a refrigerant
because it also is not a stratospheric
ozone depleter. This action will remove
the necessity to control HFE-7300 as a
VOC in State Implementation Plans for
attaining the ozone standard.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
10/00/05
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5010
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
RIN: 2060-AN34
3111. • NESHAP: ORGANIC LIQUID
DISTRIBUTION (NON-GASOLINE);
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Amendment in response to
Petition for Reconsideration of the final
rule. It will address control of air
emissions from wastewater at OLD
facilities. The petitioner who requested
that wastewater be controlled was the
Prince William Sound Regional
Citizens' Advisory Council
(PWSRCAC). The facility of concern for
PWSRCAC is the Valdez Marine
terminal operated by the Alyeska trans
Alaska pipeline company. Their
specific concern is the ballast water
treatment facility. Both Alyeska and
PWSRCAC have been testing at the
Marine terminal to determine the
functionality of the existing system.
This amendment will also deal with
wastewater emissions from tank draw
downs and maintenance which occur
at Valdez and other OLD facilities.
Timetable:
Action
Date FR Cite
NPRM-
05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4910.1; Split from RIN 2060-AM77.
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-AN37
3112. • NESHAP: SECONDARY
ALUMINUM PRODUCTION -
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.1500
Legal Deadline: None
Abstract: This technical amendment
will correct a punctuation error in the
existing Secondary Aluminum NESHAP
(40 CFR 63.1500).
Timetable:
Action
Date FR Cite
NPRM-
Direct Final Action-
10/00/05
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4989;
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
Email: cozzie.david@epa.gov
RIN: 2060-AN38
3113. • OPTIONAL CHASSIS
CERTIFICATION FOR DIESEL
VEHICLES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601(a)
CFR Citation: 40 CFR 86.1863-07
Legal Deadline: None
Abstract: Prior to the heavy-duty 2007
rulemaking (HD 2007), we have
required that crankcase emissions be
controlled only on naturally aspirated
diesel engines. We made an exception
for turbocharged heavy-duty diesel
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65257
EPA—Clean Air Act (CAA)
Proposed Rule Stage
engines in the past because of concerns
regarding fouling that could occur from
diesel PM and engine oil, which are
included in the crankcase emissions,
when routing the crankcase blow-by
into the turbocharger and aftercooler.
However, this was an environmentally
significant exception since most heavy-
duty diesel trucks use turbocharged
engines, and a single engine can emit
over 100 pounds of NOx, NMHC, and
PM from the crankcase over its lifetime.
Therefore, given the availability of
technologies to control crankcase
emissions and the significant
environmental benefit for eliminating
those emissions, we set new
requirements for crankcase emissions in
the HD 2007 rulemaking. Those
provisions require that heavy-duty
diesel engines either close the
crankcase or account for any crankcase
emissions within the total compliance
limits of the tailpipe emissions
standard. This requirement had the
unintended consequence of confusing
which crankcase provisions should
apply to these heavy-duty diesel
engines, those of Subpart S or the
newly defined diesel provisions of. It
was our intention that these vehicles
meet the newly defined requirements
of closed crankcase provisions just as
other heavy-duty diesel engines must.
Therefore, we are finalizing a change
to the HD 2007 that explicitly defines
the crankcase provisions applicable for
heavy-duty chassis certified diesel
engines under 14,000 pounds as those
provisions defined under CFR section
86.007-11. There is no environmental
impact. This represents a cost savings
to the manufacturers of highway heavy
duty diesel engines.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
11/00/05
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4993;
Agency Contact: Zuimdie Guerra,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania Ave
NW, Washington, DC 20460
Phone: 734 214-4387
Fax: 734 214-4816
Email: guerra.zuimdie@epa.gov
Cleophas Jackson, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Ave, NW,
Washington, DC 20460
Phone: 734 214-4824
Fax: 734 214-4816
Email: jackson.cleophas@epa.gov
RIN: 2060-AN39
3114. • AIR QUALITY DATA
AFFECTED BY EXCEPTIONAL,
NATURAL, AND INTERNATIONAL
EVENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act title I
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: This regulation would codify
EPA policy concerning how to address
air quality data that has been identified
as being affected by exceptional,
natural, or international events. The
rulemaking provides guidance to States,
local, and tribal air quality agencies on
how to address the air quality and
public health impacts caused by these
types of events. EPA is developing this
rule to better address situations where
data resulting from uncontrollable,
natural, or exceptional events—for
example forest fires, structural fires,
high wind, volcanic or seismic
activities—may require special
consideration. In some cases, it may be
appropriate to exclude data from such
events from regulatory consideration
because they could result in
inappropriate air quality values being
compared with the level of the affected
air quality standard. In other cases it
may be appropriate to retain the data
for comparison with the level of the
affected standard and then allow EPA
time to formulate the appropriate
regulatory response.
Timetable:
Action
Date
FR Cite
NPRM- 12/00/05
Final Action- 12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4998
Agency Contact: Larry Wallace,
Environmental Protection Agency, Air
and Radiation, MD-15, C-504-02,
Research Triangle Park, NC 27711
Phone: 919 541-0906
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Eric Ginsburg, Environmental
Protection Agency, Air and Radiation,
C-304-02, Research Triangle Park, NC
27711
Phone: 919 541-0877
Fax: 919 541-1511
Email: ginsburg.eric@epa.gov
RIN: 2060-AN40
3115.-FEDERAL PLAN
REQUIREMENTS FOR OTHER SOLID
WASTE INCINERATION UNITS
CONSTRUCTED ON OR BEFORE
DECEMBER 9, 2004
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 129 and
lll(d)
CFR Citation: 40 CFR 62 (New)
Legal Deadline: Final, Statutory,
December 31, 2007, Section 129(b)(3) of
CAA - 2 Years after promulgation of
underlying emission guidelines is
deadline for this action.
Other, Statutory, December 31, 2008,
Section 129(e)(l) of CAA - 3 Years after
promulgation of underlying emission
guidelines is Hammer Date for Permit
Applications.
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines under
sections 111 and 129 for existing
incinerators categorized as other solid
waste incinerators (OSWI), a catch-all
grouping for those classes of
incinerators not directly named in the
Act. Under court order, EPA published
proposed regulations for OSWI on
December 9, 2004 and is under a
judicial requirement to establish final
regulations for OSWI by November 30,
2005. In accordance with section 129,
any State with affected sources must
submit a State plan by one year after
publication of the final rule describing
how the State will implement the
emission guidelines for existing CISWI.
Section 129 also requires the
Administrator to develop and
implement a Federal plan for existing
CISWI units located in any State which
has not submitted an approvable plan
within 2 years of promulgation of the
emissions guidelines. In this OSWI
Federal plan rulemaking, EPA becomes
the implementing authority in those
instances where the State or local
-------
65258
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, this rulemaking
would impose a Federal plan that
applies to OSWI in any State, tribe or
locale that has not submitted an
approvable plan within the time
allotted. This action makes no changes
to the requirements in the November
2005 rule, and is intended to fulfill
EPA's duty under section 129(b)(3) to
promulgate a Federal plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, the
Federal plan will no longer apply to
units in that State.
Timetable:
Action
Date FR Cite
NPRM-
07/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5011;
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, E 143-02, Research
Triangle Park, NC 27709
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epa.gov
Karen Blanchard, Environmental
Protection Agency, Air and Radiation,
E 143-02, Research Triangle Park, NC
27709
Phone: 919 541-5503
Fax: 919 541-2664
Email: blanchard.karen@epa.gov
RIN: 2060-AN43
3116. • RENEWABLE FUEL
STANDARDS REQUIREMENTS FOR
2006
Regulatory Plan: This entry is Seq. No.
Ill in part II of this issue of the
Federal Register.
RIN: 2060-AN51
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3117. AMENDMENT TO SUBPARTS H
AND I FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-95; CAAA
112(g) or (q)
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish standards under the
Clean Air Act for emissions of
radionuclides other than radon from
Department of Energy (DOE) and other
non-DOE federal facilities. Under
subparts H and I, regulated entities
currently determine compliance with
the emission standards by utilizing the
approved computer models CAP88 and
AIRDOS-PC or any other procedures for
which EPA has granted prior approval.
Since promulgation of Subparts H and
I, EPA has developed an additional
model, GENII-NESHAPS, which is
suitable for regulated entities to use to
determine compliance, in addition to
the currently-approved models
mentioned above. The model was
developed to incorporate the internal
dosimetry models recommended by the
International Commission on
Radiological Protection (ICRP) and the
radiological risk estimating procedures
of Federal Guidance Report 13 into
updated versions of existing
environmental pathway analysis
models. The model was developed
under the direction of OAR's Office of
Radiation and Indoor Air, in
consultation with OAR's Office of Air
Quality Planning and Standards
(OAQPS). Also, GENII-NESHAPs has
undergone Science Advisory Board
(SAB) review. In this direct final rule,
EPA is updating Subparts H and I to
include GENII-NESHAPS as an
approved compliance model.
Timetable:
Action
Date
FR Cite
Direct Final Action- 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: Behram Shroff,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9773
Fax: 202 343-9707
Email: shroff.behram@epamail.epa.gov
RIN: 2060-AK81
3118. 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
30l(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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65259
EPA—Clean Air Act (CAA)
Final Rule Stage
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.
Timetable:
Action
NPRM-
Notice of Data
Availability-
Final Action-
Date
04/21/00
09/08/03
10/00/05
FR Cite
65 FR 21 505
68 FR 52934
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: Tyler Fox,
Environmental Protection Agency, Air
and Radiation, D243-01, Research
Triangle Park, NC 27711
Phone: 919 541-5562
Email: fox.tyler@epamail.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
3119. 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 burn 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
Notice-
Prop. Stds &
Guidance-
NPRM-
Final Action-
Date FR Cite
08/28/00 65 FR 52058
11/09/00 65 FR 67357
12/09/04 69 FR 71 472
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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-7689
Fax: 919 541-5450
Email: shrager.brian@epamail.epa.gov
RIN: 2060-AG31
3120. 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 760l(a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This mlemaking 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
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epamail.epa.gov
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
3121. 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
-------
65260
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
12/08/97 62 FR 64532
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3900
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle
Park, NC 27711
Phone: 919 541-7774
Email:
oldham.conniesue@epamail.epa.gov
BIN: 2060-AG88
3122. 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 to part 63
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 die 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 will
encompass 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. On
June 30, 2004, amendments to
Appendix C to part 63 were proposed
(69 FR 39383). See
http://www.epa.gov/ttn/atw/nsps/
socww/socwwpg.html for more
information.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM(NSPS)- 09/12/94 59 FR 46780
Supplemental NPRM 10/11/95 60 FR 52889
1-
Supplemental NPRM 12/09/98 63 FR 67988
2-
NPRMAmdmt- 06/30/04 69 FR 39383
Final Action- 01/00/06
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, C439-03, 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
3123. AMENDMENTS TO STANDARD
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (40
CFR PART 60, APPENDIX F,
PROCEDURE 3)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
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
NPRM1- 10/07/92 57 FR 46114
Supplemental NPRM- 05/08/03 68 FR 24692
Final Action- 12/00/05
Regulatory Flexibility Analysis
Required: No
-------
Federal Register/ Vol. 70, No. 209 / Monday, October 31, 2005 / Unified Agenda
65261
EPA—Clean Air Act (CAA)
Final Rule Stage
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
3124. UPDATE OF CONTINUOUS
INSTRUMENTAL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Methods 3A, 6C, 7E, 10, and
20 of 40 CFR Part 60, Appendix A are
instrumental methods that are being
revised to make their performance
criteria consistent. Analyzer calibration
error tests and sampling system bias
tests now required in Methods 3A, 6C,
and 7E are being added to Methods 10
and 20. Inconsistent acceptance criteria
for other performance tests and
calibration gas quality are also being
made uniform. Performance criteria
currently determined based on the
instrument span is being revised to an
emission limit basis. This change will
fix the acceptance limits for all source
tests on the applicable emission limit
and not on a span value that sources
have some discretion in choosing.
These revisions were proposed on
August 27, 1997 in an announcement
entitled "Amendments for Testing and
Monitoring Provisions." They were
considered not significant at that time.
The public did not feel that the
preamble to the rule provided adequate
notice of the changes being made to
the methods. The commenters
requested a reproposal of these revision
to the instrumental methods to allow
for adequate public review. Methods 7F
and 7G are new methods that measure
nitrogen oxides electrochemically.
These methods are being proposed in
response to requests made by
vendors/sources. These methods will
add flexibility to the testing provisions
currently in place and will not add
requirements or affect the stringency of
the underlying emission standards.
Timetable:
Action
Date FR Cite
NPRM- 10/10/03 68 FR 58838
Final Action- 12/00/05
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, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
RIN: 2060-AK61
3125. 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
Direct Final Action- 11 /00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
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,
C5 39-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AI66
3126. 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.
Timetable:
Action
Date FR Cite
Final Action- 01/00/06
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
-------
65262
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-2962
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
3127. 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
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4713
Agency Contact: Steve Fmh,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK50
3128. 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
02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, 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
Email: cozzie.david@epa.gov
RIN: 2060-AK54
3129. 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. That rale requires certain
sources located in the eastern United
States to reduce their NOx emissions
for purposes of reducing ozone
transport. EPA coordinated the Section
126 Rule with a related ozone transport
rule, known as the NOx State
implementation plan call (NOx SIP
Call), which also addresses ozone
transport in the eastern United States.
The EPA established the same
compliance date for both rules, May 1,
2003. The EPA included a provision in
the Section 126 Rule which provided
that where a State adopted, and EPA
approved, a SIP controlling transport
under the NOx SIP Call, and with a
May 1, 2003 compliance date, EPA
would withdraw the Section 126
requirements for sources in that State.
This was a practical way to address the
overlap between the two rules and
avoid having sources be subject to two
sets of potentially different NOx
transport control requirements. As the
result of court actions, the compliance
dates for the Section 126 Rule and the
NOx SIP Call have both been delayed
until May 31, 2004. In addition, the
NOx SIP Call has been divided into two
phases. Therefore, it is necessary to
revise the Section 126 Rule withdrawal
provision so that it will continue to
operate under these new circumstances.
This action also proposes to withdraw
the Section 126 Rule in States that meet
the proposed revised criteria.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
04/04/03 68 FR 16644
12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4689
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65263
EPA—Clean Air Act (CAA)
Final Rule Stage
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@epa.gov
RIN: 2060-AK41
3130. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 752l(m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
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- 10/00/05
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
3131. 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 Action- 10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4604
Agency Contact: Patrice Simms,
Environmental Protection Agency, Air
and Radiation, 2344, Washington, DC
20460
Phone: 202 564-5593
Fax: 202 564-5603
Email: simms.patrice@epamail.epa.gov
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-AJ82
3132. 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
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
NPRM-
Final Action-
Date FR Cite
04/02/04 69 FR 17532
11/00/05
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, Ann Arbor, MI 48105
Phone: 734 214-4502
Fax: 734 214-4053
-------
65264
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: hormes.linda@epamail.epa.gov
BIN: 2060-AK76
3133. ADOPTION OF THE AMENDED
INTERNATIONAL NOX STANDARD
FOR AIRCRAFT ENGINES
Priority. Other Significant
Legal Authority: 42 USC 7401 et seq;
42 USC 7571-7572; 5 USC 552(a)
CFR Citation: 40 CFR 87.1; 40 CFR
87.21; 40 CFR 87.64; 40 CFR 87.71; 40
CFR 87.10; 40 CFR 87.3l(b); 40 CFR
87.82; 40 CFR 87.89
Legal Deadline: None
Abstract: The purpose of this final
rulemaking is to amend the existing
United States regulations governing the
exhaust emissions from new
commercial aircraft gas turbine engines.
The amendment will codify into United
States law the recently amended
voluntary NOx emission standard of the
United Nation's International Civil
Aviation Organization (ICAO), thus
bringing the United States emission
standards into alignment with the
internationally adopted standards. This
NOx standard was adopted at the
ICAO/Committee on Aviation
Environmental Protection (CAEP) 4
meeting in 1998. The implementation
of the standard is to begin in January
2004. Further, this amendment will
establish consistency between U.S. and
international requirements and test
procedures. This action is necessary to
ensure that domestic commercial
aircraft meet international standards
and the public can be assured that they
are receiving the air quality benefits of
the international standards.
Timetable:
Action
Date
FR Cite
09/30/03 68 FR 56226
10/00/05
NPRM-
Final Action-
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
3134. 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 RFG 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
01/04/05 70FR646
11/00/05
NPRM-
Final Action-
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
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AK02
3135. 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 trie 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- 08/11/04 69 FR 48827
Final Action- 11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65265
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 4634
Sectors Affected: 32511 Petrochemical
Manufacturing; 32411 Petroleum
Refineries
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
3136. 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 760l(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 (DFRM)
and parallel Notice of Proposed Rule
(NPRM) was 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:
Timetable:
Action
Date
FR Cite
Direct Final Action 1- 11/05/01 66 FR 55885
Final Action 2- 10/00/05
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
3137. 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.
Action
Date
FR Cite
Direct Final Action- 11 /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 Sirnms, Environmental
Protection Agency, Air and Radiation,
2344, Washington, DC 20460
Phone: 202 564-5593
Fax: 202 564-5603
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
3138. AMENDMENTS TO VEHICLE
INSPECTION AND MAINTENANCE
PROGRAM REQUIREMENTS TO
ADDRESS NEW 8-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
Regulatory Flexibility Analysis
Required: No
-------
65266
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4854;
Agency Contact: Dave Sosnowski,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4823
Fax: 734 214-4906
Email:
sosnowski.dave@epamail.epa.gov
Joe Pedelty, Environmental Protection
Agency, Air and Radiation, Ann Arbor,
MI 48105
Phone: 734 214-4410
Email: pedelty.joe@epamail.epa.gov
RIN: 2060-AM21
3139. 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 Action- 02/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4857
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205], Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Karen Thundiyil, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9464
Fax: 202 343-2342
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AM24
3140. EXEMPTION OF CERTAIN AREA
SOURCES FROM FEDERAL AND
STATE OPERATING PERMIT
PROGRAMS
Priority: Other Significant
Legal Authority: Clean Air Act sec 502
CFR Citation: 40 CFR 70; 40 CFR 71;
40 CFR 63
Legal Deadline: None
Abstract: This action implements 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. 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
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4868,
EDocket No. OAR-2004-0010;
Agency Contact: Jeff Herring,
Environmental Protection Agency, Air
and Radiation, C3 04-03, 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, C304-03,
Research Triangle Park, NC 27711
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AM31
3141. 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, Earth Justice, 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 2-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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65267
EPA—Clean Air Act (CAA)
Final Rule Stage
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.
Timetable:
Action
Date FR Cite
NPRM- 02/23/05 70 FR 8880
Final Action- 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://www.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
Lisa Sutton, Environmental Protection
Agency, Air and Radiation, C339-03,
Research Triangle Park, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epamail.epa.gov
RIN: 2060-AM33
3142. REGULATION OF FUEL AND
FUEL ADDITIVES: GASOLINE AND
DIESEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7545; 42 USC 760l(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 RFG 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- 11/00/05
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
3143. 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- 11/00/05
-------
65268
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4900;
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 6205 J, Washington, DC
20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov;
hodayah
finman/dc/usepa/us@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9226
Fax: 202 343-2338
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AM46
3144. 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
NPRM-
NPRM Comment
Period End-
Final Action-
05/13/05 70 FR 25726
07/12/05
12/00/05
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: 202 343-2363
Email: monroe.scott@epamail.epa.gov
RIN: 2060-AM56
3145. NONATTAINMENT MAJOR NEW
SOURCE REVIEW (NSR)
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. The action will also cover
Clean Units and Pollution Control
Projects to the extent they are covered
in the NSR base program as affected
by recent court decisions.
Timetable:
Action
Date
FR Cite
Final Action- 11/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
3259.2; Split from RIN 2060-AEll. 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
3146. 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
NPRM-
Direct Final Action-
Withdrawal Notice-
Final Action-
Date
05/13/05
05/13/05
07/06/05
12/00/05
FR Cite
70 FR 25684
70 FR 25676
70 FR 38780
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
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C504-04, Research Triangle Park , NC
27711
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65269
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AM72
3147. 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.
Timetable:
Action
Date FR Cite
NPRM-
NPRM Comment
Period End-
Final Action-
07/29/05 70 FR 43826
09/12/05
09/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4911;
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, C439-03, 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
3148. 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-
Final Action-
02/18/05 70 FR 8314
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
3149. 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
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 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 9706
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,
Research Triangle Park, NC 27711
-------
65270
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AM80
3150. STANDARDS OF
PERFORMANCE FOR STATIONARY
COMPRESSION IGNITION INTERNAL
COMBUSTION ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 111
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, June
29, 2005, court ordered deadline.
Final, Judicial, June 29, 2006, court
ordered deadline.
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
promulgated by June 2006.
Timetable:
Action
Date FR Cite
NPRM-
NPRM Comment
Period End-
Final Action-
07/11/05 70 FR 39870
09/09/05
07/00/06
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
3151. 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
(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 Action- 11 /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
Fax: 202 343-2803
Email:
bennett.marilyn@epamail.epa.gov
RIN: 2060-AM88
3152. 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-
NPRM Comment
Period End-
Final Action-
07/29/05 70 FR 43992
09/12/05
07/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, 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
Email: cozzie.david@epa.gov
RIN: 2060-AM89
3153. 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
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.
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65271
EPA—Clean Air Act (CAA)
Final Rule Stage
We view the revisions as
noncontroversial and anticipate no
significant adverse comments.
Timetable:
Action
Date FR Cite
Direct Final Act/on- 10/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
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
Email: cozzie.david@epa.gov
RIN: 2060-AM90
3154. 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
Notice of
Reconsideration-
Final Action-
04/22/05 70 FR 21094
11/00/05
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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM94
3155. INCLUSION OF DELAWARE AND
NEW JERSEY IN THE CLEAN AIR
INTERSTATE RULE
Regulatory Plan: This entry is Seq. No.
119 in part II of this issue of the
Federal Register.
RIN: 2060-AM95
3156. NESHAP: INDUSTRIAL,
COMMERCIAL, AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS;
RECONSIDERATION NOTICE
Priority: Other Significant
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
06/27/05 70 FR 36907
Reconsideration
Notice-
Final Action- 12/00/05
Regulatory Flexibility Analysis
Required: No
-------
65272
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
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@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, C439-01,
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AM97
3157. 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-
Final Action-
01/07/05 70 FR 1640
10/00/05
Email: tong.stanley@epa.gov
RIN: 2060-AM98
3158. RULE ON SECTION 126
PETITION FROM NC TO REDUCE
INTERSTATE TRANSPORT OF FINE
PM AND O3; FIPS TO REDUCE
INTERSTATE TRANSPORT OF FINE
PM & O3; REVISIONS TO CAIR RULE;
REVISIONS TO ACID RAIN PROGRAM
Regulatory Plan: This entry is Seq. No.
120 in part II of this issue of the
Federal Register.
RIN: 2060-AM99
3159. PM 2.5 AND PM 10 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 number
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 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 4811.1, will promulgate the
aforementioned SAN 4811
supplemental NPRM.
Timetable:
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
Action
Date FR Cite
Supplemental NPRM- 12/13/04 69 FR 72140
Final Action- 04/00/06
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, Ann Arbor, MI 48105
Phone: 734 214-4574
Fax: 734 214-4D52
Email:
kapichak.rudolph@epamail.epa.gov
Laura Berry, Environmental Protection
Agency, Air and Radiation, Ann Arbor,
MI 48105
Phone: 734 214-4858
Fax: 734 214^1052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN02
3160. 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 re-opens 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 references relevant portions of
the final rule and preamble. The notice
was published on 07/29/2005.
Timetable:
Action
Date FR Cite
Reconsideration
Notice-
Final Action-
07/29/05 70 FR 44012
02/00/06
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, C439-03, 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65273
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5395
Fax: 919-541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN05
3161. 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 s
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 Action- 12/00/05
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,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
RIN: 2060-AN17
3162. • REGIONAL HAZE
REGULATIONS; REVISIONS TO
PROVISIONS GOVERNING
ALTERNATIVE TO SOURCE-SPECIFIC
BEST AVAILABLE RETROFIT
TECHNOLOGY (BART)
DETERMINATIONS
Regulatory Plan: This entry is Seq. No.
121 in part II of this issue of the
Federal Register.
RIN: 2060-AN22
3163. • IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS - PHASE 2
Regulatory Plan: This entry is Seq. No.
122 in part II of this issue of the
Federal Register.
RIN: 2060-AN23
3164. • COMMERCIAL AND
INDUSTRIAL SOLID WASTE
INCINERATORS NSPS AND EG:
DEFINITIONS
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec ill and 129
CFR Citation: 40 CFR 60 2060-AF-91
Legal Deadline: Other, Judicial,
September 14, 2005, Oral commitment
to litigants to take final action on
definitional issue.
Abstract: In response to the petition for
reconsideration related to the
definitions of "solid waste" and
"commercial and industrial solid
waste" in the promulgated NSPS and
EG for commercial and industrial solid
waste incineration (CISWI) units, EPA
published a notice soliciting comments
on the definitions on February 17, 2004
(69 FR 7390). This action will present
our decisions with regard to these
definitions and the related definition of
"commercial and industrial solid waste
incineration unit." These final
definitions will be effective following
a future action that will revise the
CISWI NSPS and EG in response to the
voluntary remand of the rules that was
granted by the United States Court of
Appeals for the District of Columbia
Circuit on September 6, 2001. This
action is consistent with earlier agency
actions on the related source category
of Industrial Boilers and Process
Heaters. This action will provide
definitions that will be used, at the
completion of a future action, to
regulate owners and operators of CISWI
Units. The rules will limit emissions
of the following pollutants: particulate
matter, sulfur dioxide, nitrogen oxides,
carbon monoxide, lead, mercury,
cadmium, hydrogen chloride, and
dioxin. The rules also will include
requirements for siting of new sources,
operator training, monitoring, and
emissions testing.
Timetable:
Action
Date FR Cite
Final Action-
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4994;
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
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
RIN: 2060-AN31
3165. • REVISIONS TO MOTOR
VEHICLE DIESEL FUEL SULFUR
TRANSITION PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7545(c) and
7545(i)
CFR Citation: 40 CFR 80
Legal Deadline: None
-------
65274
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Abstract: The highway diesel fuel
sulfur rule, issued in 2001, becomes
effective in June of 2006. The fuel
industry has raised concerns that the
required nationwide transition from
higher sulfur to ultra-low sulfur diesel
(ULSD) fuel may require a limited
amount of additional time. This action
will provide 45 additional days for the
transition to be completed while
ensuring that ULSD will be available
exclusively when new diesel engines
are introduced.
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. 5001;
Agency Contact: Tad Wysor,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4332
Fax: 734 214^1816
Email: wysor.tad@epa.gov
Paul Machiele, Environmental
Protection Agency, Air and Radiation,
Ann Arbor , MI 48105
Phone: 734 214-4264
Fax: 734 214-4816
Email: machiele.paul@epa.gov
RIN: 2060-AN41
3166. • PROTECTION OF
STRATOSPHERIC OZONE: AMENDING
REQUIREMENTS TO IMPORT USED
OZONE-DEPLETING SUBSTANCES
FOR DESTRUCTION IN THE U.S.
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This regulation will
streamline the process for importing
used ozone-depleting substances for
destruction in the U.S. This will further
reduce the amount of substances that
could otherwise harm the ozone layer.
Timetable:
Action
Date
FR Cite
Direct Final Action- 04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5017;
Agency Contact: Kirsten Cappel,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9556
Fax: 202 343-2338
Email: cappel.kirsten@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AN48
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3167. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
09/08/99 64 FR 48725
01/26/00 65 FR 4244
To Be Determined
NPRM-
Notice-
Reproposal-
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, AIRl, Washington, DC 20460
Phone: 520-498-0118
Fax: 520-498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AAOO
3168. 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. 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://www.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.htm.; Formerly listed as RIN
2060-AF42
Agency Contact: Doug McDaniel,
Environmental Protection Agency,
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65275
EPA—Clean Air Act (CAA)
Long-Term Actions
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, AIRl, Washington, DC 20460
Phone: 520-498-0118
Fax: 520-498-1333
Email:
mckaughan.colleen@epamail.epa.gov
RIN: 2009-AA01
3169. 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
04/00/07
To Be Determined
NPRM-
Final Action-
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@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
3170. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR Part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR Part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR Section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date FR Cite
Final Action-
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20004
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE95
3171. 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
-------
65276
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
20004
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE96
3172. 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@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@epa.gov
RIN: 2060-AI43
3173. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority: Other Significant
Legal Authority: 42 USC 7409 "CAA
109"
CFR Citation: 40 CFR 50.4; 40 CFR
50.5
Legal Deadline: None
Abstract: On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22, 1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The 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 B.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 rev. NAAQS
impl-
Notice resp 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@epa.gov
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65277
EPA—Clean Air Act (CAA)
Long-Term Actions
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
3174. NESHAP: GROUP I POLYMERS
AND RESINS AND GROUP IV
POLYMERS AND RESINS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.480 to 63.506
(Revision); 40 CFR 63.1310 to 63.1335
(Revision)
Legal Deadline: None
Abstract: During the development of
the National Emission Standard for
Hazardous Air Pollutants (NESHAP) for
elastomers (Group I polymers and
resins) and thermoplastics (Group IV
polymers and resins) (RINs 2060-AD56
and 2060-AE37), many of the
provisions contained in the Hazardous
Organic NESHAP (HON) were
referenced directly by these polymers
and resins regulations due to
similarities in processes, emission
characteristics, and control
technologies. On January 17, 1997, the
EPA promulgated changes to the HON
to remove ambiguity, to clearly convey
EPA intent, and to make the rule easier
to understand and implement in
response to industry petitions. It is
necessary to make parallel changes to
the polymers and resins NESHAP;
otherwise inconsistencies will exist for
NESHAPs regulating similar source
categories. An ANPRM was published
in the Federal Register on 11/25/96 (61
FR 59849), to explain the nature of
changes planned. Subsequently, six
litigants have petitioned for review of
the elastomers and thermoplastics
regulations. Four companies have
petitioned EPA to reconsider specific
provisions in the thermoplastics
regulation. Revisions will be proposed
to parallel HON changes and to resolve
petitioners' issues.
Timetable:
Action
Date
FR Cite
ANPRM-
Direct Final-pet jud
rev-
NPRM-pet jud rev-
Direct Final-comp
ext-
11/25/96 61 FR 59849
03/09/99 64 FR 11536
03/09/99 64 FR 11555
05/07/99 64 FR 24511
Action
Direct Final-pet rec
equip leaks-
NPRM2-
NPRM 3-
Direct Final-stay
notice-
NPRM-stay notice-
Direct FinalOO-
NPRMOO-
Direct Final 4-
Final ActionOI-
Direct Final Comp.-
NPRM
ComphanceOI-
Final 1-
Final 2-
NPRM-
Date
06/08/99
06/08/99
06/08/99
06/30/99
06/30/99
08/29/00
08/29/00
10/26/00
02/23/01
02/26/01
02/26/01
07/16/01
08/06/01
10/00/07
FR Cite
64 FR 30406
64 FR 30453
64 FR 30456
64 FR 35023
64 FR 351 07
65 FR 5231 9
65 FR 52392
65 FR 641 61
66 FR 11 233
66 FR 11 543
66 FR 1550
66 FR 36924
66 FR 40903
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@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@epa.gov
RIN: 2060-AH47
3175. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670-7479
"CAA 160-169"
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date
FR Cite
ANPRM- 05/16/97 62 FR 27158
NPRM- To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919;
Agency Contact: Darrel 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
3176. 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- 12/00/07
Final Action- 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4653,
Sectors Affected: 33641 Aerospace
Product and Parts Manufacturing
-------
65278
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-term Actions
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@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@epa.gov
RIN: 2060-AK08
3177. 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- 12/00/08
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
Fax: 919 541-3470
Email: mcdonald.randy@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@epa.gov
RIN: 2060-AK13
3178. 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(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-
01/00/08
01/00/09
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:
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-AK17
3179. 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.
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-
Final Action-
01/00/08
To Be Determined
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK19
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65279
EPA—Clean Air Act (CAA)
Long-Term Actions
3180. 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" 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 > 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- 12/00/06
Final Action- 12/00/07
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, C5 39-03, 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@epa.gov
RIN: 2060-AK20
3181. 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-
Final Action-
05/00/07
To Be Determined
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 Dail,
Environmental Protection Agency, Air
and Radiation, C—539—03, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epamail.epa.gov
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@epa.gov
RIN: 2060-AK21
3182. 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
Regulatory Flexibility Analysis
Required: Undetermined
NPRM- 07/00/07
Final Action- 07/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4664;
-------
65280
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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,
C5 39-03, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-5689
Email: manning.elaine@epa.gov
RIN: 2060-AK24
3183. 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.
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-
07/00/07
07/00/08
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
3184. 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:
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: iruh.steve@epamail.epa.gov
RIN: 2060-AK72
3185. 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 FR providing an
explanation of the denial.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Action
Date
FR Cite
NPRM-
Final Action-
03/00/07
05/00/08
NPRM — Delistmg- 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 - 06/00/07
Delisting-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65281
EPA—Clean Air Act (CAA)
Long-Term Actions
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
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
3186. PETITION TO DELIST
HAZARDOUS AIR POLLUTANT :
4,4'-METHYLENE DIPHENYL
DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to regulate 188 compounds that
are listed as air toxics, also known as
hazardous air pollutants. Air toxics are
those pollutants known, or suspected,
to cause cancer and other human health
problems. The law allows EPA to
consider petitions to modify the list, by
adding or removing substances.
Individuals seeking to remove a
substance must demonstrate that there
are adequate data to determine that
emissions, outdoor concentrations,
bioaccumulation, or atmospheric
deposition of the substance may not
reasonably be anticipated to damage
human health or the environment. The
Agency received a petition to remove
4,4'-Methylene Diphenyl Diisocyanate
(MDI) from the American Chemistry
Council on December 26, 2002. Once
EPA receives a petition, it conducts two
reviews: a completeness review, to
determine whether there is sufficient
information on which to base a
decision; and a technical review, to
evaluate the merits of the petition. The
EPA also requests and considers
information from the public. After a
comprehensive technical review of both
the petition and the information
received from the public to determine
whether the petition satisfies the
requirements of the CAA, the review
team is required to make a
recommendation to the Administrator
on whether to grant the petition. If the
Administrator decides to grant a
petition, a proposed rule is published
in the Federal Register which proposes
a modification of the HAP list and
presents the reasoning for doing so. The
proposed rule is open to public
comment and public hearing and all
additional substantive information
received during the public's
involvement is evaluated prior to the
decision on the issuance of a final rule.
However, if the Administrator decides
to deny a petition, a notice setting forth
an explanation of the reasons for denial
is published instead. A notice of denial
constitutes final Agency action of
nationwide scope and applicability,
and is subject to judicial review as
provided in the CAA.
Timetable:
Action
Date FR Cite
Notice of Complete
Petition-
NPRM-
05/26/05 70 FR 30407
11/00/06
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4782;
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C4 04-01, 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
3187. 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,
and develop additional emission
standards, as necessary, to provide an
ample margin of safety.
Timetable:
Action
Date FR Cite
NPRM- 10/00/07
Final Action- To Be Determined
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@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C5 04-04, Research Triangle Park , NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AK12
3188. 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
-------
65282
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
emission standards, as necessary, to
provide an ample margin of safety.
Timetable:
Action Date FR Cite
NPRM-
Final Action-
10/00/07
To Be Determined
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@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@epa.gov
RIN: 2060-AK15
3189. 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 four separate
petitions. See Additional Information.
Abstract: In April through July 1999,
three 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 eight 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@epa.gov
RIN: 2060-AI99
3190. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 "CAA
203"; 42 USC 7525 "CAA 206"; 42 USC
7541 "CAA 207"; 42 USC 7542 "CAA
208"; 42 USC 7601 "CAA 301"; 42 USC
7522 "CAA 203"; 42 USC 7550 "CAA
216"; 42 USC 7601 "CAA 301"
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) Formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States
(2) establishing new emission standards
applicable to imported nonconforming
vehicles; (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements; and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
03/24/94 59 FR 13912
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
3191. 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 766la(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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65283
EPA—Clean Air Act (CAA)
Long-Term Actions
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, C304-03,
Research Triangle Park, NC 27711
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AK46
3192. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
Date
FR Cite
NPRM- 12/00/06
Final Action- 01/00/07
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
Email:
sosnowski.david@epamail.epa.gov
RIN: 2060-AE20
3193. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75ll(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
Email:
sosnowski.david@epamail.epa.gov
RIN: 2060-AE22
3194. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
"CAA 176(c)"
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
states for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM- 11/00/06
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
3195. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
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
-------
65284
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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, NW,
Washington, DC 20460
Phone: 202-564-5592
Email:
schneeberg.sara@epamail.epa.gov
RIN: 2060-AI97
3196. CALIFORNIA GASOLINE
TECHNICAL CORRECTION
Priority: Info./Admin./Other
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.81(a)
Legal Deadline: None
Abstract: This rule corrects final
regulations, which were published in
the Federal Register on March 29, 2001
(66 FR 17230). The corrected regulatory
provision restores the definition of
California gasoline as used in the
enforcement exemptions for California
gasoline under the regulation of fuels
and fuel additives.
Timetable:
Action
Date
FR Cite
Direct Final Action- 10/00/07
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
3197. 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
EPA 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, but just as
effective, than 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65285
EPA—Clean Air Act (CAA)
Long-Term Actions
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, D243-02, Research Triangle
Park, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AK85
3198. 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:
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM-
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
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
Email: king.jan@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@epa.gov
RIN: 2060-AL84
3199. 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.
NPRM
Final Action
12/16/03 68 FR 70108
To Be Determined
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@epa.gov
Valerie Broadwell, Environmental
Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC
27711
Phone: 919 541-3310
Fax: 919 541-0824
Email:
broadwell.valerie@epamail.epa.gov
RIN: 2060-AL85
3200. CONSIDERATION OF INDUSTRY
PETITION TO REMOVE THE
TWO-PIECE CAN SUBCATEGORY
FROM THE CLEAN AIR ACT
HAZARDOUS AIR POLLUTANT
SOURCE CATEGORY LIST
Priority: Substantive, Nonsignificant
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 FR,
allowing the opportunity for public
comment. If the Agency denies the
petition, a notice of denial will be
published in the FR providing an
-------
65286
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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 weak
ecological assessment prepared by the
petitioner. Issues with formaldehyde
and EGBE should be resolved soon and
we are still awaiting an updated
ecological assessment from the
petitioner.
Timetable:
Action Date FR Cite
NPRM- To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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
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
3201. 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 previously promulgated
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 remaining after the 112(d)
standards take effect, 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
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
3202. 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-
10/00/06
01/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4819;
Agency Contact: Hodayah Finman,
Environmental Protection Agency, Air
and Radiation, 6205 J, Washington, DC
20460
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov;
hodayah
finman/dc/usepa/us@epamail.epa.gov
Marta Montoro, Environmental
Protection Agency, Air and Radiation,
6205 J, Washington, DC 20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AL94
3203. 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 ll2(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 o f 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65287
EPA—Clean Air Act (CAA)
Long-Term Actions
(as in effect before the date of
enactment of the Clean Air Act
Amendments of 1990), unless the
Administrator determines that a more
stringent standard is necessary to
prevent, taking into consideration costs,
energy, safety, and other relevant
factors, an adverse environmental
impact. Section 112(f)(2)(B) expressly
preserves EPA's interpretation of an
ample margin of safety developed in
the 1989 benzene NESHAP final rule.
EPA will review the mineral wool
production MACT standard and
conduct analyses to determine whether
the residual risk warrants further
regulation. The CAA requires that the
residual risk rules be promulgated (if
necessary) within eight years [nine for
the two-year bin standards] after the
promulgation of the associated MACT
standard. The MACT rule for the
mineral wool production source
category was promulgated on June 1,
1999. Therefore, the statutory deadline
for promulgating a residual risk rule (if
necessary) for this source category is
June 1, 2007.
Timetable:
Action
Date
FR Cite
NPRM-
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
Email: cozzie.david@epa.gov
RIN: 2060-AL96
3204. 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
NPRM-
Final Action-
08/00/07
To Be Determined
Regulatory Flexibility Analysis
Required: No
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@epa.gov
RIN: 2060-AL99
3205. 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-
Final Action-
02/00/08
To Be Determined
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
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
C5 04-04, Research Triangle Park , NC
27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AMOO
3206. 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 urban areas. 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,
-------
65288
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
and this mlemaking will address
measures to control pollution from the
paint-stripping category.
Timetable:
Action Date PR Cite
NPRM-
Final Rule-
01/00/07
01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Inlormation: 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@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@epa.gov
RIN: 2060-AM07
3207. 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%
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
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). Approximately 150
facilities currently operate in the US
producing containers, flat glass,
industrial glass fiber and specialty
glass. The specialty glass subcategory
includes lighting, lead crystal, art glass,
opthalmic lenses, tableware, optical
glass fiber, and technical glass
components and products. Two small
businesses exist in the source category,
both of which manufacture containers.
It is unknown at this time whether
these facilities will be affected by the
rule (i.e., whether they use toxic raw
materials in the furnace or coatings
processes). Glass manufacturers use
toxic raw materials in the furnace or
in coating operations to impart specific
properties to the final product. About
1500 tons per year of HAP are released
into the ambient air by glass
manufacturing plants. Toxic emission
sources include raw material storage,
furnace and melting operations and
coating processes. Air pollution control
devices are generally available for toxic
emission points within the glass
manufacturing industry. It is
anticipated at this time that glass
manufacturers not using toxics would
not be subject to the rule.
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
Email: cozzie.clavid@epa.gov
RIN: 2060-AM12
3208. 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),
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65289
EPA—Clean Air Act (CAA)
Long-Term Actions
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: wayne.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
3209. 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
3210. NESHAP: OIL AND NATURAL
GAS PRODUCTION FACILITIES-
AREA SOURCE RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 779
Legal Deadline: Final, Statutory,
November 30, 2000.
NPRM, Judicial, June 30, 2005.
Final, Judicial, December 21, 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 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
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. A supplemental proposal
was published in the FR on July 8,
2005. We are now proposing two
options - that the control requirements
apply in all locations or to just facilities
in Urban 1 and Urban 2 counties. The
control requirements only apply to
triethylene glycol dehydration units.
Timetable:
Action
Date FR Cite
NPRM-
NPRM Comment
Period End-
Final Action-
07/08/05 70 FR 39441
09/06/05
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4875;
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@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
3211. 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.
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
-------
65290
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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:
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, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@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
3212. 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.
Timetable:
Action
Date FR Cite
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
Email: cozzie.david@epa.gov
RIN: 2060-AM19
3213. 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.
Timetable:
Action Date FR Cite
NPRM-
05/00/08
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@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: dunkiiis.robin@epa.gov
RIN: 2060-AM26
3214. 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% 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-
02/00/07
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.cotirad@epamail.epa.gov
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65291
EPA—Clean Air Act (CAA)
Long-Term Actions
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM36
3215. 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% 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:
Action
Date FR Cite
NPRM-
10/00/06
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM37
3216. 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% 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 Air Toxics Strategy lists
industrial boilers and
commercial/institutional boilers as area
source categories.
Timetable:
Action
Date FR Cite
NPRM-
01/00/07
Regulatory Flexibility Analysis
Required: Undetermined
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@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
3217. NESHAP: AREA SOURCE
STANDARDS—CLAY CERAMICS
INDUSTRY
Priority: Substantive, Nonsignificant
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-
12/00/06
12/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4906;
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, C504-05, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-5600
Email: schaefer.john@epa.gov
David Cozzie, Environmental Protection
'Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM53
3218. REQUEST FOR COMMENTS ON
POTENTIALLY INADEQUATE
MONITORING IN CLEAN AIR
APPLICABLE REQUIREMENTS AND
ON METHODS TO IMPROVE SUCH
MONITORING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60; 40 CFR 61
-------
65292
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: We continue to review and
organize comments. Once completed,
we will determine what, if any,
additional action may be required, as
well as the method for providing that
action (policy vs. rule). The target date
for a proposal, if needed, has been
shifted to March 2006.
Timetable:
Action Date FR Cite
ANPRM-
60 day extension to
public comment
period 1-
NPRM-
02/16/05 70 FR 7905
04/15/05 70 FR 19914
05/00/07
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4699.1; Split from RIN 2060-AK29
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, D243-02,
Research Triangle Park, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
Peter Westlin, Environmental
Protection Agency, Air and Radiation,
C3 39-02, Research Triangle Park, NC
27711
Phone: 919 541-1058
Email: westlin.peter@epamail.epa.gov
RIN: 2060-AM63
3219. 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 fro 90% of the emissions in
urban areas of the 33 urban hazardous
air pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
These are 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. There are 2
primary zinc smelters in the U.S. which
process zinc sulfide ore concentrates to
produce metallic zinc or zinc oxide.
Currently, only one company produces
primary cadmium as a by-product of
smelting and refining zinc metal from
sulfide ore. There are currently no
producers of primary beryllium in the
U.S. Pollutants of interest for the
Primary Nonferrous Metals -Zn, Cd, Be
Area Source NESHAP are cadmium,
lead, and nickel.
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM69
3220. 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 percent 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-
12/00/07
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.il iam@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
-------
Federal Register/Vol. 70, No. 209 / Monday, October 31, 2005/Unified Agenda
65293
EPA—Clean Air Act (CAA)
Long-Term Actions
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM70
3221. NESHAP FOR STAINLESS AND
NONSTAINLESS STEEL ELECTRIC
ARC FURNACE (EAF)
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
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 (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-
11/00/06
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, C439-03, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Steve Fmh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM71
3222. 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
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
3223. 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- 03/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
3224. • NESHAP: SITE REMEDIATION
AMENDMENTS—RESPONSE TO
LITIGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart
GGGGG
-------
65294
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Legal Deadline: None
Abstract: The Site Remediation
regulation was promulgated on October
8, 2003. We were challenged by the
Sierra Club on several provisions in the
rule. We anticipate that settlement
negotiations will result in certain
revisions to the rule's requirements.
The revisions could remove an
exemption for certain sources thereby
increasing the compliance costs of the
final rule by up to $7.7 million.
Timetable:
Action
Date FR Cite
NPRM-
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4866.1, EDocket No. OAR-2002-0021;
Split from RIN 2060-AM30.
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, C439-04, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@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-AN36
3225. • NESHAP: AREA SOURCE
STANDARDS—LEAD ACID BATTERY
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was published on July 19, 1999 and
listed Lead Acid Battery Manufacturing
as one of the area source categories
emitting at least one of the urban HAPs.
As such, EPA is required to subject the
Lead Acid Battery Manufacturing
source category to regulations issued
under Section 112{d). This rulemaking
will satisfy this mandate.
Timetable:
Action Date FR Cite
NPRM-
10/00/08
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5012;
Agency Contact: Bob Schell,
Environmental Protection Agency, Air
and Radiation, C439-02, Research
Triangle Park, NC 27711
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, C439-02,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN44
3226. • NESHAP: AREA SOURCE
STANDARDS—PRIMARY AND
SECONDARY COPPER
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112(k)(3) of the Clean
Air Act requires EPA to prepare a
comprehensive strategy to control
emissions of hazardous air pollutants
(HAPs) from area sources in urban
areas. The strategy must identify at
least 30 HAPs that, as the result of
emissions from area sources, present
the greatest threat to public health in
urban areas. The strategy must also
identify the source categories that emit
the listed urban HAPs. EPA must
subject to regulation those listed source
categories such that 90 percent of the
aggregate emissions of the urban HAPs
are subjected to standards. The strategy
was published on July 19, 1999, and
listed Primary and Secondary Copper
Smelters as area source categories
emitting at least one of the urban HAPs.
As such, EPA is required to subject
Primary and Secondary Copper
Smelters to regulations issued under
Section 112(d). This rulemaking will
satisfy this mandate.
Timetable:
Action
Date FR Cite
NPRM- 10/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5013;
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,
Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN45
3227. • NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical preparations industry. This
source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date
FR Cite
NPRM- 01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5015;
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65295
EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, Washington,
DC 27711
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
BIN: 2060-AN46
3228. • NESHAP: AREA SOURCE
STANDARDS—PAINT AND ALLIED
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
Paint and Allied Products industry.
This source category was listed for
regulation under EPA's Urban Air
Toxic Strategy to address HAP
emissions from area sources.
Timetable:
Action
Date
FR Cite
NPRM- 01/00/08
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5016;
Agency Contact: Jeff Telander,
Environmental Protection Agency, Air
and Radiation, C504-05, Washington,
DC 27711
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
David Cozzie, Environmental Protection
Agency, Air and Radiation, C504-05,
Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AN47
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3229. IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS - PHASE 1
Priority: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 51; 40 CFR 50;
40 CFR 81
Completed:
Reason
Date
FR Cite
Final Action-Phase 04/30/04 69 FR 23951
1-
Final Rule-Notice of 05/26/05 70 FR 30592
Reconsideration;
Section 185 fees
and Timing for
Determining
Applicable Requi
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Agency Contact: John Silvasi
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AJ99
3230. CLEAN AIR MERCURY RULE-
ELECTRIC UTILITY STEAM
GENERATING UNIT MACT
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 60; 40 CFR 72;
40 CFR 75
Completed:
Reason
Date
FR Cite
NPRM- 01/30/04 69 FR 4754
Supplemental NPRM- 03/16/04 69 FR 12298
Notice, Reopen 05/05/04 69 FR 25052
Comment Period-
NODA- 12/01/04 69 FR 69864
Final Action- 05/18/05 70 FR 28606
Notice- 08/30/05 70FR51266
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Agency Contact: Robert Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AJ65
3231. NESHAP: ETHYLENE
PROCESSES; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 subparts XX
and YY
Completed:
Reason
Date
FR Cite
Direct Final Rule- 04/13/05 70 FR 19266
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Warren Johnson
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AK80
3232. RESCINDING FINDING THAT
PREEXISTING PM10 STANDARDS
ARE NO LONGER APPLICABLE IN
NORTHERN ADA COUNTY/BOISE,
IDAHO
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
-------
65296
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
Final Rule 12/22/00 65 FR 80776
NPRM 07/30/03 68 FR 44715
Final Action 10/27/03 68 FR 61106
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Agency Contact: Gary Blais
Phone: 919 541-3223
Fax: 919 541-5489
Email: blais.gary@epamail.epa.gov
Geoffrey Wilcox
Phone: 202 564-5601
Email: wilcox.geoffrey@epamail.epa.gov
RIN: 2060-AJ05
3233. CLEAN AIR VISIBILITY RULE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 app Y (New)
Completed:
Reason
Date
FR Cite
NPRM- 07/20/01 66 FR 38108
Supplemental NPRM- 05/05/04 69 FR 25184
Final Action- 07/06/05 70 FR 39104
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Kathy Kaufman
Phone: 919 541-0102
Fax: 919 541-5489
Email: kauftnan.kathy@epa.gov
Todd Hawes
Phone: 919 541-5591
Fax: 919 541-5489
Email: hawes.todd@epa.gov
RIN: 2060-AJ31
3234. CONTROL OF HAZARDOUS AIR
POLLUTANTS FROM MOBILE
SOURCES: DEFAULT BASELINE
REVISION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Christine Brunner
Phone: 734 214-4287
Fax: 734 214-4051
Email:
brunner.christine@epamail.epa.gov
Paul Cort
Phone: 415 972-3921
Fax: 415 972-3570
Email: cort.paul@epamail.epa.gov
RIN: 2060-AJ97
3235. CLEAN AIR INTERSTATE RULE
(FORMERLY TITLED: INTERSTATE
AIR QUALITY RULE)
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 51; 40 CFR 72;
40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Completed:
Reason
Date
FR Cite
NPRM-
Notice-
Final Action-
06/10/04 69 FR 32684
08/06/04 69 FR 47828
05/12/05 70 FR 25162
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.
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AL76
3236. AMENDMENTS TO THE NESHAP
FOR CELLULOSE PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Reason
Date FR Cite
NPRM- 08/10/05 70 FR 46701
Direct Final Rule- 08/10/05 70 FR 46683
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bill 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@epa.gov
RIN: 2060-AL91
3237. CLEAN AIR FINE PARTICLE
DESIGNATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
Date
FR Cite
Final Action- 01/05/05 70FR944
Final Correction- 04/14/05 70 FR 19844
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Larry Wallace
Phone: 919 541-0906
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Rich Damberg
Phone: 919 541-5592
Fax: 919 541-5489
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AM04
3238. NESHAP: ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING-
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (revision)
Completed:
Reason
Date
FR Cite
NPRM-
Direct Final Rule-
05/17/05 70 FR 28366
05/17/05 70 FR 28360
Final Action
10/06/05 70 FR 58330 Notice-
06/24/05 70FR36523
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65297
EPA—Clean Air Act (CAA)
Completed Actions
Government Levels Affected: None
Agency Contact: Rick Colyer
Phone: 919 541-5262
Fax: 919 541-5600
Email: colyer.rick@epamail.epa.gov
David Cozzie
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM10
3239. CONTROL OF AIR POLLUTION
FROM NEW MOTOR VEHICLES:
IN-USE, NOT-TO-EXCEED EMISSION
STANDARD TESTING FOR
HEAVY-DUTY DIESEL ENGINES AND
VEHICLES
Priority: Other Significant
CFR Citation: 40 CFR 86; 40 CFR 1065
Completed:
Reason
Date
FR Cite
06/10/04 69 FR 32804
06/14/05 70 FR 34594
NPRM-
Final Action-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rich Wilcox
Phone: 734 214-4390
Email: wilcox.rich@epamail.epa.gov
Rick Gezelle
Phone: 202 343-9267
Email: gezelle.rick@epamail.epa.gov
RIN: 2060-AM17
3240. NESHAP: REINFORCED
PLASTIC COMPOSITES-
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.5780 to
63.5935 (revisions)
Completed:
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM23
3241. TEST PROCEDURES FOR
TESTING HIGHWAY AND NONROAD
ENGINES AND OMNIBUS TECHNICAL
AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 1065
Completed:
Reason
Date
FR Cite
NPRM-
Final Action-
09/10/04 69 FR 54846
07/13/05 70 FR 40420
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Glenn Passavant
Phone: 734 214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AM35
3242. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2005
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.4(n)
Completed:
Reason
Date
FR Cite
NPRM- 12/22/04 69 FR 76655
Supplemental NPRM- 02/23/05 70 FR 8753
Final Action- 08/24/05 70 FR 49836
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Reason
NPRM-
Direct Final Rule-
08/25/05 70 FR 50114
08/25/05 70 FR 50118
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Keith Barnett
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epamail.epa.gov
David Cozzie
Date FR Cite Government Levels Affected: None
Agency Contact: Hodayah Finman
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov;
hodayah
finman/dc/usepa/us@epamail.epa.gov
Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AM50
3243. NATIONAL EMISSION
STANDARDS FOR
PHARMACEUTICALS PRODUCTION;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM- 05/13/05 70 FR 25671
Direct Final Rule- 05/13/05 70 FR 25666
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AM52
3244. 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
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21
Completed:
Reason
Date
FR Cite
NPRM- 07/01/04 69 FR 40278
Final Action- 06/10/05 70 FR 33838
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Dave Svendsgaard
Phone: 919 541-2380
Fax: 919 541-5509
Email:
svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM58
-------
65298
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3245. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM- 10/13/04 69 FR 60837
Direct Final Rule- 10/13/04 69 FR 60813
Direct Final Rule 01/10/05 70 FR 1670
Partial Withdrawal-
Final Action- 08/02/05 70 FR 44285
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bob Schell
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM83
3246. FEDERAL IMPLEMENTATION
PLANS TO REDUCE INTERSTATE
TRANSPORT OF FINE PARTICULATE
MATTER AND OZONE
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
Withdrawn- 09/12/05
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AM93
3247. TRANSPORTATION
CONFORMITY AMENDMENTS FOR
THE NEW PM 2.5 NAAQS
STANDARDS AND PM 2.5
PRECURSORS
Priority: Other Significant
CFR Citation: 40 CFR 51 and 93
Completed:
Reason
Date
FR Cite
Direct Final Rule-
Notice-
05/06/05 70 FR 24280
06/01/05 70 FR 31354
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: 734 214^052
Email: berry.laura@epamail.epa.gov
RIN: 2060-AN03
3248. EXTENSION OF THE DEFERRED
EFFECTIVE DATE OF
NONATTAINMENT DESIGNATIONS
FOR 8-HOUR OZONE NAAQS FOR
EARLY ACTION COMPACT AREAS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
Date
FR Cite
NPRM-
Final Action-
06/08/05 70 FR 33409
08/29/05 70 FR 50988
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Agency Contact: Barbara Driscoll
Phone: 919 541-1051
Fax: 919 541-0824
Email: driscoll.barbara@epa.gov
David Cole
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AN04
3249. STAY OIF THE FINDINGS OF
SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR GEORGIA FOR
PURPOSES OF REDUCING OZONE
INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 78;
40 CFR 97
Completed:
Reason
Date
FR Cite
Final Action (stay)- 08/31/05 70 FR 51591
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Jan King
Phone: 919 541-5665
Email: king.jari@epa.gov
Winifred Okoye
Phone: 202 564-5446
Email: okoye.winifred@epa.gov
RIN: 2060-AN06
3250. FINDING OF FAILURE TO
SUBMIT SECTION 110(A) SIP
REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
Direct Final Rule-
04/25/05 70 FR 21147
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Larry Wallace
Phone: 919 541-0906
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AN07
3251. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING—AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65299
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Completed:
Reason
Date
FR Cite
07/01/05 70 FR 38554
08/30/05 70 FR 51269
Direct Final Rule
Direct Final Rule
Partial Withdrawal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AN09
3252. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL USES OF
METHYL BROMIDE FOR THE 2005
SUPPLEMENTAL REQUEST
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM-
Direct Final Rule-
08/30/05 70 FR 51317
08/30/05 70 FR 51270
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Hodayah Finman
Phone: 202 343-9246
Fax: 202 565-2079
Email:
finman.hodayah@epamail.epa.gov;
hodayah
finman/dc/usepa/us@epamail.epa.gov
RIN: 2060-AN13
3253. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM DIESEL
ENGINES AND FUELS; AMENDMENTS
TO THE NONROAD AND HIGHWAY
DIESEL FUEL REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80 (Revision)
Reason
Date
FR Cite
NPRM-
Direct Final Rule-
07/15/05 70 FR 40949
07/15/05 70 FR 40889
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Tia Sutton
Phone: 734 214-4018
Fax: 734 214-4816
Email: sutton.tia@epamail.epa.gov
Paul Machiele
Phone: 734 214-4264
Fax: 734 214-4816
Email: machiele.paul@epa.gov
RIN: 2060-AN19
3254. • IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS:
RECONSIDERATION OF NSR
ANTI-BACKSLIDING PROVISIONS
Priority: Other Significant
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 was issued as a
result of EPA's Reconsideration of the
Phase 1 Rule to Implement the 8-Hour
Ozone NAAQS as requested by
Earthjustice. Specifically, this rule
addressed the NSR anti-backsliding
requirements from the Phase 1 Rule.
The Phase 1 Rule provided 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, the
Phase 1 Rule addressed the
requirements of the CAA and the
Supreme Court's ruling.
Timetable:
Action
Date
FR Cite
NPRM - Notice of 04/04/05 70 FR 17018
Reconsideration of
NSR
Anti-Backsliding
Provisions-
NPRM Comment 05/04/05
Period End
Final Action- 07/08/05 70 FR 39413
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.3; Split from RIN 2060-AJ99.
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C5 39-02, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN25
3255. • IMPLEMENTATION RULE FOR
8-HOUR OZONE NAAQS; FINAL
IDENTIFICATION OF OZONE AREAS
FOR WHICH THE 1-HOUR STANDARD
HAS BEEN REVOKED AND
TECHNICAL CORRECTIONS TO
PHASE 1 RULE
Priority: Other Significant
Legal Authority: 42 USC 7401, et seq;
23 USC 101
CFR Citation: 40 CFR 51; 40 CFR 81
Legal Deadline: None
Abstract: This rule codifies the
revocation of the 1-hour standard for
those areas with effective 8-hour ozone
designations (1-hour ozone NAAQS
was revoked on June 15, 2005 for all
areas of the country except for 14 Early
-------
65300
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Action Compact Areas). It identifies in
40 CFR part 81, subpart C the
boundaries of 1-hour ozone areas and
their designations and classifications
that were in place as of the effective
date of designation of the area for the
8-hour ozone NAAQS (effective date of
8-hour designations and classifications
was June 15, 2004 for most areas of
the country). Technical correction to
Phase 1 rule: It eliminates subpait E
of part 81 reserved in the Phase 1 rule
for identification of the above 1-hour
areas, since such are readily identified
in this rule in subpart C.
Timetable:
Action
Date
FR Cite
Final Action- 08/03/05 70 FR 44470
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No.
4625.5; Split from RIN 2060-AJ99.
Agency Contact: Annie Nikbakhti,
Environmental Protection Agency, Air
and Radiation, C539-02, Research
Triangle Park, NC 27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbaklit.annie@epa.gov
Denise Gerth, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN27
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3256. 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
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: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
3257. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR PART
190, SUBPART B, AND 40 CFR 191,
SUBPART A
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
ANPRM-
NPRM-
11/18/03 68 FR 65120
07/00/06
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 i2. 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
i26. 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- 08/00/06
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
3258. PESTICIDES; DATA
REQUIREMENTS FOR BIOCHEMICAL
AND MICROBIAL PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158
Legal Deadline: None
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005 /Unified Agenda
65301
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
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- 04/00/06
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://www.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
3259. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEIN GENES
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
11/23/94 59 FR 60496
07/22/96 61 FR 37891
NPRM
Other/Supplemental
NPRM1
Other/Supplemental 05/16/97 62 FR 27132
NPRM 2
Other/Supplemental 04/23/99 64 FR 19958
NPRM 3
Other/Supplemental 07/19/01 66 FR 37855
NPRM 4
Reproposal 09/00/06
Final Action 12/00/07
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 spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
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
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3260. 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 sec. 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
-------
65302
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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://www.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% by August
3; 1999; 66% by August 3; 2002; and
100% 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://www.epa.gov/pesticides/
regulating/tolerances.htm
Agency Contact: Robert McNally,
Environmental Protection Agency, .
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epamail.epa.gov
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
3261. PROTECTIONS FOR TEST
SUBJECTS IN HUMAN RESEARCH
Regulatory Plan: This entry is Seq. No.
126 in part II of this issue of the
Federal Register.
RIN: 2070-AD57
3262. 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 sec. 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
Action
Date FR Cite
NPRM original-
Supplemental NPRM
1-
Supplemental NPRM
2-
Notice: Partial
Reopening of
Comment Period-
Notice: Extension of
Comment Period-
Final Action-
02/11/94 59 FR 6712
10/21/99 64 FR 56918
12/21/99 64FR71368
06/30/04 69 FR 39392
08/13/04 69 FR 50114
05/00/06
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:
www.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
3263. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 7 USC 136(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
Notice: Withdrawal- 10/00/05
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65303
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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
Phone: 703 305-5239
Fax: 703 308-3259
Email: williams.arty@epamail.epa.gov
RIN: 2070-AC46
3264. PESTICIDES; PROCEDURES
FOR THE REGISTRATION REVIEW
PROGRAM
Regulatory Plan: This entry is Seq. No.
124 in part II of this issue of the
Federal Register.
RIN: 2070-AD29
3265. PESTICIDES; EMERGENCY
EXEMPTION PROCESS REVISIONS
Regulatory Plan: This entry is Seq. No.
125 in part II of this issue of the
Federal Register.
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3266. PESTICIDES; DATA
REQUIREMENTS FOR
CONVENTIONAL CHEMICALS
Priority: Other Significant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA is revising its data
requirements for the registration of
conventional pesticide products. In this
action, the Agency is revising 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. When promulgated,
the data requirements will reflect
current scientific knowledge and
understanding. These revisions will
improve the Agency's ability to make
regulatory decisions about the human
health and environmental effects of
pesticide products to better protect
wildlife, the environment, and people,
including sensitive subpopulations.
Coupled with revision of data
requirements, EPA is reformatting the
requirements and revising 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
Date
FR Cite
03/11/05 70 FR 12277
04/01/05 70 FR 16785
NPRM-
Notice of Public
Meeting-
NPRM: Extension of 06/08/05 70 FR 33414
comment period-
Final Action- 03/00/07
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 ://www.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
3267. 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
registrability of a pesticide product.
The revisions will also clarify the data
requirements for all antimicrobials to
reflect current practice.
Timetable:
Action Date FR Cite
NPRM
12/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
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://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
-------
65304
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005 / Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
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
BIN: 2070-AD30
3268. 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)(l7) "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/NPRM- 12/00/06
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 Disruptor Methods
Validation subcommittee under the
National Advisory Council on
Environmental Policy and Technology.
URL For More Information:
http://www.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
3269. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180
Legal Deadline: None
Abstract: Section 408(mJ of the Federal
Food, Drug, and Cosmetic Act requires
EPA to charge tolerance fees that, in
the aggregate, will cover all costs
associated with processing tolerance
actions, including filing a tolerance
petition, and establishing, modifying,
leaving in effect, or revoking a
tolerance or tolerance exemption. EPA
developed a final rule that would have
adjusted the fee structure and fee
amounts for tolerance actions. A final
rule completed OMB review on
December 31, 2003, but has not been
issued because the Consolidated
Appropriations Act of 2004, signed on
January 23, 2004, prohibits EPA from
collecting any tolerances fees until
September 30, 2008. This prohibition
was expanded in 2005 to include a
prohibition on using Federal funding to
perform any work on a final tolerance
fee rulemaking. As such, no rulemaking
activities are currently planned.
Timetable:
Action
Date FR Cite
NPRM 06/09/99 64 FR 31039
Supplemental NPRM 07/24/00 65 FR 45569
Supplemental NPRM 08/31/00 65 FR 52979
2
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4027;
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
URL For More Information:
www.epa.gov/pesticides/regulating/
fees/index.htm
Agency Contact: Lin Moos,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-0605
Fax: 703 305-5884
Email: moos.lin@epa.gov
RIN: 2070-AJ23
3270. 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 deri ved through genetic
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65305
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
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
NPRM-
Supplemental NPRM
1-
Supplemental NPRM
2-
Supplemental NPRM
3-
Supplemental NPRM
4-
Supplemental NPRM
5-
Final Action-
Date FR Cite
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 spliting
this piece into a separate Agenda entry
so that it can continue to be tracked
separately.
Sectors Affected: 111 Crop Production;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 54171
Research and Development in the
Physical Sciences and Engineering
Sciences
URL For More Information:
http://www.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-AD55
3271. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants (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
NPRM Original-
Supplemental NPRM-
Supplemental NPRM
2-
Supplemental NPRM
3-
Supplemental NPRM
4-
Final Action (FFDCA)-
Final Action (FIFRA)-
NPRM (FFDCA)-
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27132
04/23/99 64 FR 19958
07/19/01 66 FR 37855
To Be Determined
To Be Determined
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 spliting
this piece into a separate Agenda entry
so that it can continue to be tracked.
Sectors Affected: ill 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: 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
3272. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC
136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a
comprehensive revision of the Rules of
Practice governing the conduct of
licensing adjudications under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The existing
Rules of Practice were originally
promulgated by EPA in 1973. In the
subsequent 30 years, Congress has
substantially amended FIFRA, creating
a number of additional types of
licensing adjudications which are not
expressly provided for in the existing
Rules of Practice. In order to include
provisions tailored to these new types
of proceedings, and to incorporate the
standard practices which have evolved
and the precedents which have been
established since these rules were first
promulgated, EPA intends to
comprehensively revise the FIFRA
Rules of Practice.
-------
65306
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Timetable:
Timetable:
Action
Date
FR Cite
12/00/06
To Be Determined
Action
NPRM-
Final Action-
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
3273. 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.
Date
FR Cite
NPRM-
Notice-
Fmal Action 1-
Final Action 2-
09/17/99 64 FR 50671
11/16/99 64 FR 62145
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://www.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
3274. • PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
136i; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156;
40 CFR 152
Legal Deadline: None
Abstract: The EPA is proposing change
to Federal regulations guiding the
certified pesticide applicator program
(40 CFR 171). Change is sought to
strengthen the regulations so that they
may better protect pesticide applicators
and the public from harm due to
pesticide exposure. Changes would
include having occupational users of
pesticides demonstrate competency by
meeting minimum competency
requirements; ensuring that those who
train on pesticide safety are competent;
and requiring additional competency
determinations of those who use the
most toxic pesticides in a manner that
could result in significant exposure to
the public. The need for change arose
from EPA discussions with key
stakeholders. EPA has been in
extensive discussions with stakeholders
since 1997 when the Certification and
Training Assessment Group (CTAG)
was established. CTAG is a forum used
by regulatory and academic
stakeholders to discuss the current state
of, and the need for improvements in,
the national certified pesticide
applicator program. Throughout these
extensive interactions with
stakeholders, EPA has learned of the
need for changes to the regulation.
Timetable:
Action
Date FR Cite
NPRM-
02/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5007;
Agency Contact: Jeanne Kasai,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Donald Eckennan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-5062
Fax: 703 308-2962
Email:
eckerman.donald@epamail.epa.gov
RIN: 2070-AJ20
3275. • PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
136w
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65307
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
CFR Citation: 40 CFR 156; 40 CFR 170
Legal Deadline: None
Abstract: The EPA is developing a
proposal to revise the Federal
regulations guiding agricultural worker
protection (40 CFR 170). The changes
under consideration are expected to
help agricultural workers protect
themselves from potential hazards
resulting from their potential exposure
to pesticides and pesticide residues.
EPA is proposing to make minor
adjustments to improve and clarify
current requirements and facilitate
enforcement. Other changes sought are
to establish a right-to-know Hazard
Communication program and make
improvements to pesticide safety
training. The need for change arose
from EPA discussions with key
stakeholders beginning in 1996 and
continuing through 2004. EPA held
nine public meetings throughout the
country during which the public
submitted written and verbal comments
on issues of their concern. In 2000
through 2004, EPA held meetings
where invited stakeholders identified
their issues and concerns with the
regulations.
Timetable:
Action
Date
FR Cite
NPRM- 02/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 5006;
Agency Contact: Don Eckerman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5062
Fax: 703 308-2962
Email: eckerman.donald@epa.gov
Jeanne Kasai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
RIN: 2070-AJ22
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3276. ENDOCRINE DISRUPTOR
SCREENING PROGRAM (EDSP);
CHEMICAL SELECTION APPROACH
FOR INITIAL ROUND OF SCREENING
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Notice: Final 09/27/05 70 FR 56449
Approach-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mary Belefski
Phone: 202 564-8461
Fax: 202 564-8452
Email: belefski.mary@epa.gov
Gary Timm
Phone: 202 564-8474
Fax: 202 564-8482
Email: timm.gary@epa.gov
RIN: 2070-AD59
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3277. 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 (l) a chemical may present
an unreasonable risk of injury to
human health or the environment,
and/or the chemical is produced and
enters the environment in substantial
quantities or there is or maybe
significant or substantial human
exposure to the chemical, (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
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
-------
65308
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Prerule Stage
Agency decides to develop a test rule,
EGA or VTA.
Timetable:
Action
Date
FR Cite
Notice/ANPRM- 03/00/06
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:
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
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: williarns.daver@epamail.epa.gov
RIN: 2070-AB94
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3278. LEAD-BASED PAINT
ACTIVITIES; AMENDMENTS FOR
RENOVATION, REPAIR AND PAINTING
Regulatory Plan: This entry is Seq. No.
112 in part II of this issue of the
Federal Register.
RIN: 2070-AC83
3279. POLYCHLORINATED
BIPHENYLS (PCBS); EXEMPTIONS
FROM THE PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 "TSCA
6(eU3KB)"
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
Date
FR Cite
NPRM: New DOD 12/00/05
Petition-
Final Action: DOD 12/00/07
Petition-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2150;
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications
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
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
3280. 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: In September 2005, EPA
proposed an amendment to the Polymer
Exemption Rule, which provides an
exemption from the premanufacture
notification (PMN) requirements of the
Toxic Substances Control Act (TSCA).
The proposed amendment would
exclude from eligibility polymers
containing as an integral part of their
composition, except as impurities,
certain perfluoroalkyl moieties
consisting of a CF3- or longer chain
length. This proposed exclusion
includes polymers that contain any one
or more of the following: perfluoroalkyl
sulfonates (PFAS); perfluoroalkyl
carboxylates (PFAC); fluorotelomers; or
perfluoroalkyl moieties that are
covalently bound to either a carbon or
sulfur atom where the carbon or sulfur
atom is an integral part of the polymer
molecule. If finalized as proposed, any
person who intends to manufacture (or
import) any of these polymers not
already on the TSCA Inventory would
have to complete the TSCA
premanufacture review process prior to
commencing the manufacture or import
of such polymers. EPA believes this
proposed change to the current
regulation is necessary because, based
on recent information, EPA can no
longer conclude that these polymers
"will not present an unreasonable risk
to human health or the environment,"
which is the determination necessary
to support an exemption under TSCA,
such as the Polymer Exemption Rule.
Timetable:
Action
Date FR Cite
NPRM- 10/00/05
Regulatory Flexibility Analysis
Required: No
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65309
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Agency Contact: Geraldine Hilton,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 564-8986
Fax: 202 564-9490
Email: hilton.geraldine@epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD58
3281. 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) 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- 05/00/06
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:
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
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
3282. • SIGNIFICANT NEW USE RULE
(SNUR); MERCURY SWITCHES IN
MOTOR VEHICLES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
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) for mercury used
in convenience light switches, anti-lock
braking system (ABS) sensors, and
active ride control sensors in motor
vehicles. This action would require
persons who intend to manufacture,
import, or process mercury for these
uses, including when mercury is
imported or processed as part of an
article, to notify EPA at least 90 days
before commencing such activity. The
required notice would provide EPA
with the opportunity to evaluate the
use of mercury in these switches, and,
if necessary, to prohibit or limit such
activity before it occurs to prevent
unreasonable risk of injury to human
health or the environment.
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. 4983;
Sectors Affected: 335931 Current-
Carrying Wiring Device Manufacturing;
3363 Motor Vehicle Parts
Manufacturing
Agency Contact: Ellie Clark,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0498
Fax: 202 566-0469
Email: clark.ellie@epamail.epa.gov
Nancy Wilson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Ave,
NW, Washington, DC 20460
Phone: 202 566-0492
Email: wilson.nancy@epa.gov
RIN: 2070-AJ19
3283. 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
-------
65310
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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:
Action
Date
FR Cite
NPRM
10/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
3284. NOTIFICATION OF CHEMICAL
EXPORTS UNDER TSCA SECTION
12(B)
Regulatory Plan: This entry is Seq. No.
113 in part II of this issue of the
Federal Register.
RIN: 2070-AJ01
3285. 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: In an Advance Notice of
Proposed Rulemaking (ANPRM) issued
in November 2004, EPA announced and
sought comment on whether it should
establish new procedures and
regulations for naming enzymes and
proteins when listing such substances
on the Toxic Substances Control Act
(TSCA) Chemical Substances Inventory
(TSCA Inventory). The ANPRM
outlined four identification elements
that EPA currently believes are
appropriate for use in developing
unique TSCA Inventory nomenclature
for proteinaceous enzymes. The Agency
also solicited public comment on
several specific questions relating to
this topic. EPA is currently evaluating
the comments received and is
developing a proposed rulemaking.
Additional Information: SAN No. 4512; Timetable:
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
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
Action
Date FR Cite
ANPRM-
NPRM-
11/15/04 69 FR 65565
06/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
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: 202 564-4775
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
3286. 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 > 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 had 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-
11/00/05
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
Phone: 202 566-0515
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65311
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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
3287. LEAD-BASED PAINT;
PRE-RENOVATION LEAD EDUCATION
RULE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2686(b)
CFR Citation: 40 CFR 745.83
(Revision); 40 CFR 745.8
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 require the use
of a new lead hazard information
pamphlet, "Protect Your Family From
Lead During Renovation & Remodeling"
(R&R Pamphlet). In housing containing
lead-based paint, there is an increased
risk of lead poisoning during
renovation activities, particularly to
children under six years of age. To
better inform families about the risk
and to encourage greater public health
and safety during renovation activities,
EPA has developed a renovation-
specific 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.
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;
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: Joshua Novikoff,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington
DC, DC 20460
Phone: 202 566-0502
Fax: 202 566-0471
Email: novikoff.joshua@epamail.epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AJ14
3288. EFFECTS OF TRANSFERS OF
OWNERSHIP ON OBLIGATIONS
UNDER SECTION 5 OF TSCA
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: Companies frequently
transfer ownership or other rights with
respect to a chemical substance to a
different company or person. These
transfers may have regulatory
implications because of the transferor's
earlier submittal under the Toxic
Substances Control Act (the Act) 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-
06/00/06
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 20460
Phone: 202 564-1256
Fax: 202 564-1256
Email: vinch.james@epa.gov
RIN: 2070-AJ15
3289. 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
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
-------
65312
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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://www.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@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AJ18
3290. • CLARIFICATION ON
GUIDANCE FOR ACTIVATED
PHOSPHORS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: EPA is developing guidance
to clarify the chemical identification of
activated phosphors for purposes of the
Toxic Substances Control Act (TSCA)
Chemical Substance Inventory (TSCA
Inventory). Specifically, the Agency is
developing guidance to clarify that an
activated phosphor not currently listed
on the TSCA Inventory is considered
a new chemical under TSCA. Prior to
initiating the manufacture or import of
a.new chemical, TSCA sec. 5 requires
a company to submit a premanufacture
notice (PMN) to EPA. Apparently this
has not been clear and several firms
have initiated the manufacture of
activated phosphor materials that are
not listed on the TSCA Inventory
without having submitted the required
PMN. EPA intends to seek public
comment on draft guidance in this area
to ensure that the necessary clarity is
provided.
Timetable:
Action
Date
FR Cite
Notice-
11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4984;
Agency Contact: David Schutz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: schutz.david@epa.gov
Linda Gerber, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
Email: gerber.linda@epa.gov
RIN: 2070-AJ21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3291. 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 (EOF),
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
Action
Date FR Cite
ANPRM-
NPRM-
05/13/91 56 FR 22096
03/09/94 59 FR 11122
Notice: Withdrwal of 10/00/05
NPRM-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252;
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 566-0486
Fax: 202 566-0471
Email: cantor.doreen@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65313
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC21
3292. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Regulatory Plan: This entry is Seq. No.
123 in part II of this issue of the
Federal Register.
RIN: 2070-AD16
3293. 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.
Timetable:
Action
Date FR Cite
Final 51 stITC List- 06/11/03 68 FR 34832
Final 53rd ITC List- 12/07/04 69 FR 70552
Final 55th ITC List- 10/00/05
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:
www. 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
3294. 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 chemical
manufacturers, importers and
processors to submit unpublished
health and safety data on chemicals
added to the Toxic Substances Control
Act (TSCA) 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 (ITC). The
Regulatory Agenda identifies the most
recent rules and any anticipated rules.
Timetable:
Action
Final: 51 stITC List
(has actions from
lists 43, 47, and
50)-
Final: 55th and 56th
ITC Lists-
Date FR Cite
05/04/04 69 FR 245 17
10/00/05
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:
www.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-ABll
3295. 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. In addition, the Agency will
amend the IUR to allow electronic
submissions though EPA's Central Data
Exchange (CDX) system.
Timetable:
Action
Date
FR Cite
NPRM-
01/26/05 70 FR 3658
-------
65314
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Action
Date FR Cite
Direct Final Action;
Using CDX-
Final Rule-
11/00/05
11/00/05
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
3296. VOLUNTARY HIGH
PRODUCTION VOLUME (HPV)
CHEMICAL CHALLENGE PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: Not Yet Determined
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
Notice-
Notice: Initiative
Complete-
Date FR Cite
12/26/00 65 FR 8 1686
07/00/06
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: 202 564-4775
Email; alwood.jim@epamail.epa.gov
RIN: 2070-AD25
3297. SIGNIFICANT NEW USE RULE
(SNUR); CERTAIN POLYBROMINATED
DIPHENYL ETHERS (PBDES)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 "TSCA
sec 5"
CFR Citation: 40 CFR 704; 40 CFR 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
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 inc lude 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65315
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
produced, released, and built up in the
environment.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
12/06/04 69 FR 70404
10/00/05
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
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@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AJ02
3298. 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
Final: ECA and CO for 07/08/05 70 FR 39630
Fluoropolymer
Chemicals
Incineration-
Final: ECA and CO for 07/08/05 70 FR 39624
Fluorotelomer-
based Polymer
Chemicals
Incineration-
Notice; Measurement 03/00/06
of PFOA Generated
from Thermal
Degradation of
Fluoropolymer
Chemicals-
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://www.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: 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-AJ06
3299. 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
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-l), 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 three
update letters, one in April 1999, one
in May of 2003 and one in January of
2005. Under this action, EPA will
continue negotiations to develop an
ECA that will provide health effects
testing sufficient to meet the data needs
-------
65316
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
specified in the proposed HAPs Section
4 test rule, as amended.
Timetable:
Action
Date FR Cite
Final: EGA and 09/00/06
Consent Order-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.4;
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
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-AJ09
3300. 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 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 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: EGA and 09/00/06
Consent Order-
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
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-8179
Fax: 202 564^1765
Email: williams.daver@epamail.epa.gov
RIN: 2070-A[10
3301. 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
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65317
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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- 09/00/06
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
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-AJll
3302. SIGNIFICANT NEW USE RULE
FOR GLYCOL ETHERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604; 15 USC
2607; 15 USC 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
Date FR Cite
NPRM- 03/01/05 70 FR 9902
Final Action- 11/00/05
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://www.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@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AJ12
3303. 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
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
the 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.
-------
65318
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
Final: EGA and
Consent Order-
09/00/06
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
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-AJ13
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3304. 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. On
February 3, 1994, EPA issued an
interim final rule to revise the asbestos
MAP to clarify the types of persons
who must be accredited to work with
asbestos in schools and public or
commercial buildings; to increase the
minimum number of hours of training
for asbestos abatement workers and
contractor/supervisors, including
additional hours of hands-on health
and safety training; and to effect a
variety of other necessary changes as
mandated by section 15(a)(3) of the
ASHARA. This interim final rule
satisfied the statutory deadline. EPA
will continue to consider finalizing the
MAP rule and/ or promulgating
regulatory revisions to sunset current
EPA MAP accreditations granted to
training providers.
Timetable:
Action
Date FR Cite
Interim Final Action-
Final Action-
02/03/94 59 FR 5236
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3148;
Sectors Affected: 611519 Other
Technical and Trade Schools
URL For More Information:
http://www.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
3305. LEAD-BASED PAINT
ACTIVITIES; BRIDGES AND
STRUCTURES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE
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-
07/00/08
Action
Date
FR Cite
Model Plan-
05/13/92 57 FR 20438
Regulatory Flexibility Analysis
Required: Undetermined
-------
Federal Register/Vol. 70, No. 209 / Monday, October 31, 2005/Unified Agenda
65319
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, 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://www.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: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC64
3306. 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,
State, Local, 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
3307. 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
Date FR Cite
06/11/86 51 FR21199
12/08/87 52 FR 46496
06/11/93 58 FR 32628
NPRM: 84-1056-
NPRM: 86-566-
NPRM: Aluminum
Cross-linked
Sodium
Carboxymethyl
cellulose-
Final: 84-1056- 12/00/07
Final: 86-566- 12/00/07
Final: Aluminum 12/00/07
Cross-linked
Sodium
Carboxymethyl
cellulose-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
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: 202 564-4775
Email: alwood.jim@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AA59
-------
65320
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
3308. 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
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action Date FR Cite
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: 202 564-4775
Email: alwood.jim@epamail.epa.gov
Rebecca Cool, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AB27
3309. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: Not Yet Determined
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
08/26/99 64 FR 46673
03/29/00 65 FR 16590
12/26/00 65 FR 81700
12/00/06
To Be Determined
To Be Determined
Notice: Initiation of
Stakeholder
Process & Public
Meeting-
Notice: Stakeholder
Involvement
Process & Public
Meeting-
Notice Announcing
VCCEP & Pilot-
Notice: Status of Pilot-
Peer Consultation
Process-
Pilot Program
Activites-
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:
www.epa.gov/chemrtk/vccep
Agency Contact: Linda Gerber,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9262
Fax: 202 564-9262
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65321
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
3310. TEST RULE; HAZARDOUS AIR
POLLUTANTS(HAPS)
Priority: Substantive, Nonsignificant
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
NPRM- 06/26/96 61 FR 33178
Supplemental NPRM- 12/24/97 62 FR 67466
Supplemental NPRM 04/21/98 63 FR 19694
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
Dave R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-6179
Fax: 202 564-4765
Email: williams.daver@epamail.epa.gov
RIN: 2070-AC76
3311. TEST RULE; CERTAIN METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2625 "TSCA 26"
CFR Citation: 40 CFR 790-799
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 Agency's
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) and EPA pursuant to the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) section 104(1) and the
Clean Air Act (CAA) section 112.
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
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-ADlO
3312. 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
-------
65322
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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 mlemaking,
EPA is including this in the Regulatory
Agenda to inform the public of this
activity which will have a regulatory
impact once an EGA or other testing
action is proposed.
Timetable:
Action
Date FR Cite
Final: EGA and To Be Determined
Consent Order-
Notice Soliciting To Be Determined
Participation-
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: 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
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 564-8174
Fax: 202 564-4765
Email:
semeniuk.george@epamail.epa.gov
RIN: 2070-AD28
3313. 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: On March 4, 1991, EPA
issued a proposed TSCA Section 4 Test
Rule to require testing of 12 chemicals
for developmental and/or reproductive
effects. Since issuing that proposed
rule, 11 of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary HPV Chemical
Challenge Program, and/or the
International Council of Chemical
Associations (ICCA). Information
botained 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 original- 03/04/91 56 FR 9092
NPRM - Reproposal- 12/00/07
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:
www.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
3314. 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 CF-R 707;
40 CFR 710; 40 CFR 721
Legal Deadline: None
Abstract: EPA monitors the commercial
development of existing chemicals of
concern and/or gathers 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: 09/27/89 54 FR 39548
2,4-Pentanedione-
NPRM: Chloranil- 05/12/93 58 FR 27980
NPRM: Heavy Metals- 01/15/02 67 FR 1937
Final: Chloranil- 12/00/06
NPRM: Benzidine 12/00/06
Congener Dyes-
Supp. NPRM: 12/00/06
Benzidine Congener
Dyes-
Final: Heavy Metals- 06/00/07
Supp. NPRM: 06/00/07
2,4-Pentanedion e-
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
-------
Federal Register /Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65323
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AA58
3315. 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
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
3316. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Other Significant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 720
Legal Deadline: None
Abstract: As a follow-up to the final
Biotechnology Rule under the Toxic
Substances Control Act (TSCA) EPA
intends to address TSCA oversight of
transgenic plants and other organisms.
Recent information indicates that
transgenic plants and other organisms
are being developed for uses which
appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR Part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date FR Cite
and Toxic Substances, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
3317. LEAD-BASED PAINT;
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;
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.
NPRM-
To Be Determined Timetable:
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
Action
Date FR Cite
NPRM- 02/00/07
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
-------
65324
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
URL For More Information:
http://www.epa.gov/oppt/lead/
Agency Contact: John Wilkins,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0477
Fax: 202 566-0471
Email: wilkins.john@epa.gov
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
BIN: 2070-AD64
3318. 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
12/29/83 48 FR 57452
01/17/92 57 FR 2138
To Be Determined
ANPRM-
NPRM-
Final: EGA and
Consent Order-
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: 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-AJ07
3319. 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 sponsored 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 endpoirits 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:
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
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-AJ08
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65325
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
3320. 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- 05/00/06
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
20004
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AF08
3321. TOXICS RELEASE INVENTORY
REPORTING BURDEN REDUCTION
RULE
Regulatory Plan: This entry is Seq. No.
118 in part II of this issue of the
Federal Register.
RIN: 2025-AA14
3322. 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, titanate 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.
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:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@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
3323. 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
-------
65326
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
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
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
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
URL For More Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@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
3324. RULEMAKING TO CHANGE
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-
Final Action-
03/21/03 68 FR 13872
11/00/05
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:
www.epa.gov/tri
Agency Contact: Judith Kendall,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0750
Fax: 202 566-0741
Email: kendall.judith@epamail.epa.gov
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
3325. 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. TEIQs 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 TR1 data on dioxin and
dioxin-like compounds with other EPA
activities which present data on dioxin
and dioxin-like compounds in terms of
TEQs. Several industry groups have
written OMB supporting the addition
of TEQ reporting to TRI.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
03/07/05 70 FR 10919
01/00/06
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65327
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
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:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daniel@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
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
3326. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This supplemental
proposal will address reporting
thresholds for chemicals that pose
minimal risk. The final rule to the June
8, 1998 proposal and this supplemental
proposal will address: Reporting
thresholds for rock salt, sand, gravel
and other chemicals that pose minimal
risk; plain language rewrite; and may
consider reporting thresholds for
facilities with some similarities to gas
stations (motor pools, marinas, etc.) and
guidance on approaches to State
flexibility. This supplemental rule,
when finalized, will minimize burden
for those facilities that are currently
reporting chemicals that pose minimal
risk under sections 311 and 312 of the
Emergency Planning and Community
Right-to-Know Act. This rule, when
finalized, may also reduce the number
of facilities subject to these reporting
requirements. The reporting
requirements under sections 311 and
312 are intended to enhance
communities' and emergency response
officials' awareness of chemical
hazards; to facilitate the development
of State and local emergency response
plans; and to aid communities and
emergency response officials in
preparing for and responding to
emergencies safely and effectively. By
proposing to provide relief from routine
reporting of substances with minimal
hazards and minimal risk, state and
local officials can focus on chemicals
that may pose more significant hazard
or may present greater risks to the
community.
Timetable:
Action
Date FR Cite
NPRM- 06/08/98 63 FR 31268
Supplemental NPRM- To Be Determined
Final- To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 3215;
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20004
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@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
3327. 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.
-------
65328
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM-
Final Aclion-
02/00/07
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-AAll
3328. 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
NPRM-
Notice of Data
Availability-
Final Action-
Date FR Cite
09/05/00 65 FR 53681
06/14/05 70 FR 34437
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 Moire Information:
www.epa.gov/tri
Agency Contact: Daniel Bushman,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202-566-0743
Fax: 202 566-0741
Email:
bushman.daiiiel@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
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
3329. TRI REPORTING FORMS
MODIFICATION RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Shelley Fudge
Phone: 202-566-0674
Fax: 202-566-0741
Email: fudge.shelley@epamail.epa.gov
Kevin Donovan
Phone: 202-566-0676
Fax: 202-566-0715
Email: donovan.kevin-e@epa.gov
RIN: 2025-AA15
Final Action
07/12/05 70 FR 39931
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65329
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Prerule Stage
3330. 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 (HDPE) 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 03/00/06
Availability-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4743;
Action is of equivalent regulatory
stringency. States and Tribes will not
be required to adopt.
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@epa.gov
RIN: 2050-AF12
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3331. 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
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-
08/00/06
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
-------
65330
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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@epamail.epa.gov
RIN: 2050-AE81
3332. 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@epamail.epa.gov
Charlotte Mooney, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-7025
Fax: 703 308-0514
Email: mooney.charlotte@epa.gov
RIN: 2050-AE97
3333. 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 $30-40 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 United
States 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 United States 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- 09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65331
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Agency Contact: Marc Thomas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0023
Fax: 703 308-0514
Email: thomas.marc@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-AE93
3334. 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- 07/00/06
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
3335. 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-
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4920;
No legal deadline.
Sectors Affected: 6112 Junior Colleges;
6113 Colleges, Universities and
Professional Schools
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@epa.gov
Anna Tschursin, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-8805
Fax: 703 308-0514
Email: tschursin.anna@epa.gov
RIN: 2050-AG18
3336. EXPANDING THE COMPARABLE
FUELS EXCLUSION UNDER RCRA
Regulatory Plan: This entry is Seq. No.
117 in part II of this issue of the
Federal Register.
RIN: 2050-AG24
3337. • CRITERIA FOR SAFE AND
ENVIRONMENTALLY PROTECTIVE
USE OF GRANULAR MINE TAILINGS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Public Law 109-59
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
February 6, 2006, The 2005
Transportation Equity Act requires the
Agency to establish criteria within 180
days of enactment.
Abstract: The 2005 Transportation
Equity Act requires EPA to establish
criteria for the safe and
environmentally protective use of
granular mine tailings (chat) from the
Tar Creek, Oklahoma Mining District in
cement and concrete products and in
transportation construction projects.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
11/00/05
02/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5019;
-------
65332
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Agency Contact: Stephen Hoffman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
OS-323, 5307W, Washington, DC 20460
Phone: 703 308-8413
Fax: 703 605-0595
Email: hoffman.stephen@epa.gov
Richard Kinch, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703 308-8214
Fax: 703 308-8686
Email: kinch.richard@epa.gov
RIN: 2050-AG27
3338. 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-
Final Action-
01/00/06
03/00/07
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)
Final Rule Stage
3339. 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 (CPGl, 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
Date FR Cite
Action
Date
FR Cite
NPRM-CPG1-
FinalCPGI-
04/20/94 59 FR 18892
05/01/95 60 FR 21370
NPRM CPG2-
Final CPG2-
NPRM-CPG3-
Final-CPG3-
RMAN3-
NPRM CPG4-
NPRM-CPG5-
Final-CPG4-
RMAN4-
Final CPG 5-
11/07/96 61 FR 57748
11/13/97 62 FR 60962
08/26/98 63 FR 45558
01/19/00 65 FR 3069
08/28/01 66 FR 45256
12/10/03 68 FR 68813
04/30/04 69 FR 24028
04/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3545,
www.epa.gov/edocket;
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65333
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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, Washington, DC 20460
Phone: 703 308-0199
Fax: 703 308-8686
Email: nogas.sue@epa.gov
RIN: 2050-AE23
3340. RCRA BURDEN REDUCTION
INITIATIVE
Regulatory Plan: This entry is Seq. No.
127 in part II of this issue of the
Federal Register.
RIN: 2050-AE50
3341. 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
08/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4411;
This is an extension of a previous
notice that contained the following RIN
2050-AD88.
Sectors Affected: 32411 Petroleum
Refineries
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
Larry Gonzalez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703 308-8605
Fax: 703 308-8433
Email: gonzalez.larry@epa.gov
RIN: 2050-AE78
3342. 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-
Notice of Data
Availability-
Final Action-
11/20/03 68 FR 65586
08/00/06
08/00/07
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
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
3343. 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
-------
65334
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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
12/00/05
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
3344. REVISIONS TO THE DEFINITION
OF SOLID WASTE
Regulatory Plan: This entry is Seq. No.
128 in part II of this issue of the
Federal Register.
RIN: 2050-AE98
3345. 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 cari 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- 01/00/06
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
Email: baca.andrew@epamail.epa.gov
RIN: 2090-AA29
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3346. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 69i2(a)
"RCRA 2002(a)"; 42 USC 6921(a)
"RCRA 3001(aj"
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65335
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
safeguards ground water and limits risk
from releases of dust to air.
Timetable:
Action
Date FR Cite
Regulatory
Determination-
NPRM-
Notice - Extend
Comment Period-
NoDA1-
Notice -Extend
Comment Period-
Final Action-
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
10/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3856;
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: 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
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 308-8686
Email: souders.steve@epamail.epa.gov
RIN: 2050-AE34
3347. 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: Undetermined
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 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://www.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@epa.gov
RIN: 2050-AE83
3348. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA plans to propose a rule
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
-------
65336
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
3349. RCRA SMARTER WASTE
REPORTING
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
3350. 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 arid 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-
Direct Final-
Direct Final
Withdrawn-
Final Action-
12/26/02 67 FR 78761
12/26/02 67 FR 7871 8
02/24/03 68 FR 8553
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65337
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
3351. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 "RCRA
3001"
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action
Date FR Cite
02/12/93 58 FR 8504
12/00/10
NPRM-
Final Action-
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
3352. HAZARDOUS WASTE
GENERATOR PROGRAM
EVALUATION
Priority: Other Significant
Legal Authority: 42 USC 6912; 42 USC
6921-6930; 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
Advanced 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- 04/22/04 69 FR 21801
NPRM- 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@epamail.epa.gov
RIN: 2050-AG25
3353. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Legal Authority: 42 USC 69l2(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 $19
million in public and private costs. If
EPA promulgates a revised financial
test, it may affect companies that treat,
store or dispose of hazardous waste.
EPA has suspended work on this
rulemaking because it has asked the
Environmental Financial Advisory
Board (a Federal advisory committee)
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
NPRM Original-
NPRM-
Final-
Date FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51 523
To Be Determined
Regulatory Flexibility Analysis
Required: No
-------
65338
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Small Entities Affected: No
Government Levels Affected: None
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
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
3354. 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-
11/00/06
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4778;
Agency Contact: Kiana Sarraf,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8489
Fax: 703 308-0514
Email: sarraf.kiana@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
3355. 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
additional 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
04/00/07
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.
Sectors Affected: 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 332
Fabricated Metal Product
Manufacturing; 482 Rail Transportation;
483 Water Transportation; 484 Truck
Transportation; 2111 Oil and Gas
Extraction; 2122 Metal Ore Mining;
2211 Electric. Power Generation,
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65339
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Transmission and Distribution; 3221
Pulp, Paper, and Paperboard Mills;
5621 Waste Collection; 56221 Waste
Treatment and Disposal
Agency Contact: Rich Lashier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703-308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703-308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AG20
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3356. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Other Significant
CFR Citation: 40 CFR 124; 40 CFR 267;
40 CFR 270
Completed:
Reason
Date
FR Cite
Final Action- 09/08/05 70 FR 53420
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Jeff Gaines
Phone: 703 308-8655
Fax: 703 308-8609
Email: gaines.jeff@epamail.epa.gov
RIN: 2050-AE44
3357. METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
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
Completed:
Reason
Date
FR Cite
NPRM-
Final Action-
Correction Notice-
10/30/02 67 FR 66252
06/14/05 70 FR 34538
08/01/05 70 FR 44150
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Kim Kirkland
Phone: 703 308-0490
Fax: 703 308-0511
Email: kirkland.kim@epa.gov
RIN: 2050-AE41
3358. HAZARDOUS WASTE MANIFEST
REGULATION
Priority: Other Significant
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Completed:
Reason
Date
FR Cite
05/22/01 66 FR 28240
03/04/05 70 FR 10776
06/16/05 70 FR 35034
NPRM-
Final Action-
Final Action-
Corrections-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Rich Lashier
Phone: 703-308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce
Phone: 703-308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AE21
3359. REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES
Priority: Other Significant
CFR Citation: 40 CFR
261.3(a)(2)(iv)(A)-(G)(Revision)
Completed:
Reason
Date
FR Cite
Final Action- 10/04/05 70 FR 57769
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Agency Contact: Lisa Lauer
Phone: 703 308-7418
Fax: 703 308-0522
Email: lauer.lisa@epa.gov
RIN: 2050-AE84
3360. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
(PHASE I FINAL REPLACEMENT
STANDARDS AND PHASE II)
Priority: Other Significant
CFR Citation: 40 CFR 63; 40 CFR 264;
40 CFR 265; 40 CFR 266; 40 CFR 270
Completed:
Reason
Date
FR Cite
Final Action- 10/12/05 70 FR 59402
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Michael Galbraith
Phone: 703 605-0567
Fax: 703 308-8433
Email:
galbraith.michael@epamail.epa.gov
Frank Behan
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AE01
3361. HAZARDOUS WASTE
MANAGEMENT SYSTEM;
MODIFICATION OF THE HAZARDOUS
WASTE PROGRAM:
MERCURY-CONTAINING EQUIPMENT
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 273
Completed:
Reason
Date
FR Cite
Final Action-
08/05/05 70 FR 45508
-------
65340
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Agency Contact: Katherine Blanton
Phone: 703 605-0761
Fax: 703 308-0514
Email:
blanton.katherine@epamail.epa.gov
RIN: 2050-AG21
3362. PROJECT XL —
ORTHO-MCNEIL PILOT PROJECT
ALLOWING ON-SITE TREATMENT OF
LOW-LEVEL MIXED WASTES
WITHOUT RCRA PERMIT
Priority: Info./Admin./Other
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
NPRM-
Final Action-
07/24/01 66 FR 38395
06/27/05 70 FR 36850
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Sandra Panetta
Phone: 202-566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
Gerald Filbin
Phone: 202 566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA14
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Proposed Rule Stage
3363. REVISIONS TO THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
f*CQ DAQT 119
WPM r An 1 1 l£
Oortnlotnni Plfin* TTiio ontr^/ IQ ^pn Mn
rfcyuiaiury nan. lino ciiuy is OGLJ. INU.
115 in part II of this issue of the
Federal Register.
RIN: 2050-AG16
3364. REGULATORY ACTIONS
ASSOCIATED WITH THE NOTICES OF
DATA AVAILABILITY ON THE SPILL
PREVENTION, CONTROL, AND
COUNTERMEASURE (SPCC) RULE, 40
CFR PART 112
Regulatory Plan: This entry is Seq. No.
116 in part II of this issue of the
Federal Register.
RIN: 2050-AG23
3365. 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-
Final21-
NPRM 25-
Final Tsx— Tin-
Final 22-
NPRM 26-
Final 23-
NPRM27-
NPRM Midnight Mine-
NPRM 28-
Final 24-
NPRMAImeda-
Final 25-
NPRM 29-
NPRM 30-
Final Action-
Final 26-
NPRM31-
Final 28-
NPRM 32-
Final 29-
NPRM33-
NPRM
Alabama/Malone-
Final 30-
NPRM 34-
NPRM35-
Final31-
NPRM 36-
Final 32-
NPRM 37-
NPRM Libby/Omaha-
Finaladds19sites-
NPRM 38-
Final Action —
Final Action —
Date FR Cite
03/06/98 63 FR 11 332
03/06/98 63 FR 11 340
07/28/98 63 FR 401 82
07/28/98 63 FR 40247
AQMQ/Qft ftO CD AQQRC;
Us/ lO/yo DO rrl 'faOOO
09/29/98 63 FR 51 848
09/29/98 63 FR 51 882
01/19/99 64 FR 2942
01/19/99 64 FR 2950
02/16/99 64 FR 7564
04/23/99 64 FR 1 9968
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 75179
12/01/00 65 FR 7521 5
01/11/01 66 FR 2380
06/14/01 66 FR 32235
06/14/01 66 FR 32287
09/13/01 66 FR 47583
09/13/01 66 FR 4761 2
02/26/02 67 FR 8836
09/05/02 67 FR 56757
09/05/02 67 FR 56794
10/24/02 67 FR 6531 5
04/30/03 68 FR 23077
Action Date FR Cite
NPRM1- 04/30/03 68 FR 23094
Final 35 (adds 12 09/29/03 68 FR 55875
sites)-
NPRM 40— 03/08/04 69 FR 10646
Final 36- 07/23/04 69 FR 43755
NPRM-Vieques- 08/13/04 69 FR 501 15
Final 37- 09/23/04 69 FR 56949
NPRM41- 09/23/04 69 FR 56970
Final Vieques 02/11/05 70 FR 71 84
Final 38- 04/27/05 70 FR 21 644
NPRM42- 04/27/05 70 FR 21 71 8
Final 39- 11/00/05
NPRM43- 11/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
AHriitinnal Infnrmatinrv *sAM Kin ^4.^Q-
MUUlllUliai IIIIVJI IIICIIIUII' O/11N INU. OtOCI,
URL For More Information:
www.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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65341
EPA—Oil Pollution Act (OPA)
Proposed Rule Stage
3366. ADMINISTRATIVE REPORTING
EXEMPTION FOR CERTAIN AIR
RELEASES OF NOX
Regulatory Plan: This entry is Seq. No.
114 in part II of this issue of the
Federal Register.
RIN: 2050-AF02
3367. 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 purpose of the NRP
is to provide a common organizational
structure and procedures for Federal
departments and agencies to provide
emergency and disaster assistance to
State, tribal, and local governments for
incidents of national significance. 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.
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
modifications are being made, where
appropriate to reflect the new
Department of Homeland Security
organization.
Timetable:
Action
Date
FR Cite
NPRM-
06/00/06
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@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
3368. 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
12/00/05
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@epa.gov
RIN: 2050-AE12
3369. STANDARDS AND PRACTICES
FOR CONDUCTING ALL
APPROPRIATE INQUIRIES
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
-------
65342
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
CFR Citation: 40 CFR 312
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
10/00/05
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-S66-2757
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
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3370. 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@epa.gov
RIN: 2050-AE63
3371. CORRECTION OF ERRORS AND
ADJUSTMENT OF CERCLA
REPORTABLE QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602-9603
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.
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65343
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM-
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737;
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@epa.gov
RIN: 2050-AF03
3372. REVISE 40 CFR PART 35
SUBPART 0: 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-led, 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 15 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-
12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4177;
Agency Contact: Angelo Carasea,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8828
Fax: 703 603-9104
Email: carasea.angelo@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-AE62
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3373. 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 J 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- 05/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526;
-------
65344
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
www.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
Leigh DeHaven, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1974
Fax: 202 564-2625
Email: dehaven.leigh@epa.gov
RIN: 2050-AE87
3374. 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
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-
06/00/06
10/00/07
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
3375. 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, trie Alexander Archipelago,
and the Kachemak Bay National Marine
Estuarine Research Reserve.
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@epamail.epa.gov
RIN: 2040-AD89
3376. 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 a final
Effluent Guidelines Plan every other
year after taking comment on a
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65345
EPA—Clean Water Act (CWA)
Proposed Rule Stage
preliminary plan, as required by
Section 304(m) of the Clean Water Act.
This Federal Register notice presents
EPA's preliminary Effluent Guidelines
Program Plan for 2006. This notice also
discusses EPA's annual review of
effluent limitations guidelines and
standards undertaken pursuant to
sections 304(b), 304(g), and 307(b).
EPA's 2006 final Effluent Guidelines
Program Plan will identify guidelines
that may be revised or new guidelines
that may be developed, and will
provide a schedule for such
rulemaking.
Timetable:
Action
Date FR Cite
Proposal- 08/29/05 70 FR 51042
Comment Period End- 10/28/05
Final Plan- 09/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4965,
EDocket No. OW-2004-0032;
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Email: goodwin.janet@epa.gov
RIN: 2040-AE76
3377. • CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301, 304, 306,
307, 308, 402, 501
CFR Citation: 40 CFR 122 and 40 CFR
412
Legal Deadline: None
Abstract: This rulemaking is in
response to the Second Circuit's
February 28, 2005, decision in
Waterkeeper Alliance vs. EPA, which
vacated provisions in the Concentrated
Animal Feeding Operations (CAFO)
rule found at 40 CFR 412. Two
vacatures from the case affect the 1)
duty that all CAFOs need to apply for
an NPDES permit, and 2) provisions
that nutrient management plans (NMPs)
need only be kept on-site. In
accordance with the court's decision,
this proposed rule will remove the duty
to apply for all CAFOs and replace it
with a requirement for CAFOs to apply
for a permit if they discharge or
propose to discharge. The proposed
rule also will establish a process to
address the court's concerns that the
information within NMPs be available
for public comment, reviewed by the
permit authority, and incorporated into
the permit. It is EPA's intention to
make only those changes necessary to
address the issues raised by the court.
Timetable:
Action
Date FR Cite
NPRM-
Final Action-
03/00/06
03/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4996;
Agency Contact: George Utting,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epamail.epa.gov
Gregory Beatty, Environmental
Protection Agency, Water, 1200
Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-0724
Email: beatty.gregory@epamail.epa.gov
RIN: 2040-AE80
3378. • OIL AND GAS PHASE II
STORM WATER PERMIT
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 402(p)(ll)
CFR Citation: 40 CFR 122
Legal Deadline: None
Abstract: On Monday, August 8,
President Bush signed into law The
Energy Policy Act of 2005 (H.R. 6, "the
Energy Bill"). Section 323 of the
legislation modifies section 502 of the
Federal Water Pollution Control Act to
define the term "oil and gas
exploration, production, processing, or
treatment operations, or transmission
facilities" to mean "all field activities
or transmission facilities, including
activities necessary to prepare a site for
drilling and for the movement and
placement of drilling equipment,
whether or not such field activities or
operations may be considered to be
construction activities." EPA interprets
this statutory language change as
excluding all construction activities
associated with oil and gas exploration
and production operations from NPDES
storm water permit requirements.
Reflecting the changes in the new law,
EPA expects to propose modifications
to its current regulations governing
construction site storm water
discharges for oil and gas activities
regulated by the Phase I and Phase II
storm water rules.
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: Federal,
State
Additional Information: SAN No. 4979;
Agency Contact: Jeff Smith,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0652
Fax: 202 564-6431
Email: smith.jeff@epa.gov
Deborah Nagle, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-1185
Fax: 202 564-6431
Email: nagle.deborah@epa.gov
RIN: 2040-AE81
-------
65346
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3379. 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
NOD A- 02/16/05 70 FR 7909
Final Action- 12/00/05
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, 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 Hessenauer,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1040
Fax: 202 566-1053
Email: hessenauer.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
3380. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Other Significant
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 mlemaking 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,
Local, State, 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65347
EPA—Clean Water Act (CWA)
Final Rule Stage
Supply; 313 Textile Mills; 336
Transportation Equipment
Manufacturing; 321 Wood Product
Manufacturing
Agency Contact: Paul Shriner,
Environmental Protection Agency,
Water, 4303 T, Washington, DC 20460
Phone: 202 566-1076
Fax: 202 566-1053
Email: shriner.paul@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
BIN: 2040-AD70
3381. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI,
ENTEROCOCCI, FECAL COLIFORMS,
AND SALMONELLA UNDER THE
CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1345; 33 USC
1361(a)
CFR Citation: 40 CFR sec 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 several
microbiological methods for monitoring
wastewater and biosolids for use by
testing laboratories. 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 regulations 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
08/16/05 70 FR 48256
06/00/06
NPRM-
Final Action-
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
3382. 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."
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. 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.
Timetable:
Action
NPRM-
NPRM Comment
Period End
Final Action-
Date FR Cite
08/10/05 70 FR 46459
09/09/05
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
3383. • RULEMAKING ON DIRECT
APPLICATION OF PESTICIDES TO
WATERS OF THE UNITED STATES IN
COMPLIANCE WITH FIFRA
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 122.3
Legal Deadline: None
Abstract: EPA is working to codify its
February 1, 2005, proposed rulemaking
and interpretive statement entitled
"Application of Pesticides to Waters of
the United States in Compliance with
FIFRA." The proposed rulemaking and
interpretive statement proposed to
revise the NPDES permit program
regulations to incorporate the substance
of the interpretive statement, which
clarifies when pesticides are applied to
waters of the United States in
compliance with FIFRA, an NPDES
permit is not required in two
circumstances: (1) The application of
pesticides directly to waters of the
United States in order to control pests.
Examples of such applications include
applications to control mosquito larvae,
aquatic weeds or other pests that are
present in the waters of the United
States; (2) The application of pesticides
to control pests that are present over
waters of the United States, including
near such waters, that results in a
portion of the pesticides being
deposited to waters of the United
States; for example, when insecticides
are aerially applied to a forest canopy
where waters of the United States may
be present below the canopy or when
pesticides are applied over, including
near, water for control of adult
mosquitoes or other pests.
Timetable:
Action
Date
FR Cite
NPRM- 02/01/05 70 FR 5093
Final Action- 01/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
-------
65348
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4995;
Agency Contact: Connie Roberts,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-2756
Fax: 202 564-6384
Email: roberts.connie@epa.gov
Allison Wiedeman, Environmental
Protection Agency, Water, 4303,
4203M, Washington, DC 20460
Phone: 202 564-0901
Fax: 202 564-6384
Email: wiedeman.allison@epa.gov
RIN: 2040-AE79
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3384. 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
12/17/93 58 FR 66078
To Be Determined
NPRM-
Final Action-
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
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
3385. 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 136l(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
Date
FR Cite
NPRM- To Be Determined
Final Action- To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702;
Agency Contact: William Telliard,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
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: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AC75
3386. 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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65349
EPA—Clean Water Act (CWA)
Long-Term Actions
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date
FR Cite
Direct Final Rule
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
3387. TEST PROCEDURES:
PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
3388. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314; 33 USC
136l(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
NPRM-
Final Action-
Date FR Cite
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3714; Additional Information: SAN No. 3713;
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
William Telliard, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
RIN: 2040-AC92
Agency Contact: Richard Reding,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-2237
Fax: 202 566-1053
Email: reding.richard@epa.gov
William Telliard, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
RIN: 2040-AC93
Legal Authority: 33 USC 1314; 33 USC
I36l(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: 202-566-1061
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: 202 566-1053
Email: reding.richard@epa.gov
RIN: 2040-AD09
-------
65350
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005 / Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
3389. 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
NPRM-
Final Action-
Date
04/00/07
04/00/09
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, 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
3390. NPDES PERMIT
REQUIREMENTS FOR MUNICIPAL
SANITARY AND COMBINED SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
SANITARY SEWER OVERFLOWS, AND
PEAK EXCESS FLOW TREATMENT
FACILITIES
Priority: Other Significant
Legal Authority: 33 USC 1311"CWA
301"; 33 USC 1314"CWA 304"; 33 USC
1318"CWA 308"; 33 USC 1342"CWA
402"; 33 USC 1361"CWA 501(a)"
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering 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-
Final Action-
09/00/07
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, 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: 202 564-0742
Fax: 202 564-6392
Email: mollov.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
3391. POLICY REGARDING NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT
REQUIREMENTS FOR MUNICIPAL
WASTEWATER TREATMENT DURING
WET WEATHER CONDITIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311,1318,
1342, 1361
CFR Citation: 40 CFR I22.4l(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
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65351
EPA—Clean Water Act (CWA)
Long-Term Actions
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. Based
on a review of all the information
received, EPA has no intention of
finalizing the blending policy as
proposed in November 2003. EPA will
continue to review policy and
regulatory options to manage this issue
and look forward to working with
Congress, communities and citizens on
effective and efficient approaches that
protect communities and ensure
compliance with the Clean Water Act.
Timetable:
Action
Date
FR Cite
11/07/03 68 FR 63042
To Be Determined
Draft Policy-
Final Policy-
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Federalism: Undetermined
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
Mohammed Billah, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202-564-0729
Fax: 202 564-0717
Email:
billah.mohammed@epamail.epa.gov
RIN: 2040-AD87
3392. 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,
State, Local
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
3393. 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; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 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,
re-used 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-
10/00/06
09/00/07
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4948,
EDocket No. OW-2004-0038;
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, DC 20460
Phone: 202 566-1026
Fax: 202 566-1053
Email: strassler.eric@epamail.epa.gov
RIN: 2040-AE69
-------
65352
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
3394. 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,
chlorine, and salts. Some of the sources
of these pollutants are treatment
sludges and reverse osmosis reject
wastewaters. The preliminary data is
not conclusive, and additional study
and analysis of treatability is 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.
EPA is preparing to conduct a study
of a representative sample of the
industry, along with wastewater
sampling of facilities representing
different size categories and treatment
technologies.
Timetable:
Action
NPRM-
Final Action-
Date
04/00/07
09/00/07
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4949,
EDocket No. OW-2004-0035;
URL For More Information:
http ://www.epa.go v/waterscience/
guide/dw/index.htm
Agency Contact: Tom Born,
Environmental Protection Agency,
Water, 1200 Pennsylvania Ave,
Washington, 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
3395. 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-
Final Guidance-
To Be Determined
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 20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2040-AE77
3396. • EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE VINYL CHLORIDE AND
CHLOR-ALKALI POINT SOURCE
CATEGORIES
Priority. Substantive, Nonsignificant
Legal Authority: 30 USC 1311 et seq
CFR Citation: 40 CFR 414 (Revision)
; 40 CFR 415 (Revision)
Legal Deadline: None
Abstract: EPA is considering possible
revision of the existing effluent
guidelines and standards for vinyl
chloride manufacturing and chlor-alkali
manufacturing. Currently, wastewater
discharges from vinyl chloride
manufacturing are subject to the
Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR part 414), and
wastewater discharges from chlor-alkali
manufacturing are subject to the
Inorganic Chemicals Point Source
Category (40 CFR part 415). Based on
preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin, and in the 2004 Effluent
Guidelines Program Plan, EPA
identified these two industrial sectors
as candidates for possible regulatory
revision. In a 2004 study (see section
6 of
http://www.epa.gov/ost/guide/304m/
tsd.pdf), EPA found that vinyl chloride
and chlor-alkali manufacturing are
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65353
EPA—Clean Water Act (CWA)
Long-Term Actions
often located at the same site. The
background study includes an
industrial profile, a listing of the
targeted facilities, information on the
manufacturing processes, information
on dioxin generation, and limited
information on ways to reduce toxic
dioxin discharges. Preliminary
estimates of the scope of the
rulemaking are for 50 to 60 facilities.
Timetable:
Action
Date
FR Cite
NPRM-
Final Action-
03/00/08
03/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4980;
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303 T, Washington, DC 20460
Phone: 202 566-1058
Fax: 202 566-1053
Email: lewis.samantha@epa.gov
Paul Shriner, Environmental Protection
Agency, Water, 4303 T, Washington,
DC 20460
Phone: 202 566-1076
Fax: 202 566-1053
Email: shriner.paul@epa.gov
RIN: 2040-AE82
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3397. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
CFR Citation: 40 CFR 403
Completed:
Reason
Date
FR Cite
Final Aetion-
10/14/05 70 FR 60134
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Greg Schaner
Phone: 202-564-0721
Fax: 202 564-6431
Email: schaner.greg@epamail.epa.gov
Jan Pickrel
Phone: 202-564-7904
Fax: 202 564-6431
Email: pickrel.jan@epamail.epa.gov
RIN: 2040-AC58
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3398. 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: Final, Statutory,
August 6, 2004, 5 years after UCMR 1.
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-
NPRM Comment
Period End-
Final Action-
08/22/05 70 FR 49093
10/21/05
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
3399. 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
-------
65354
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
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 (70 FR
9017). 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 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-
Final Notice-
02/00/06
10/00/06
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
3400. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS
FOR LEAD AND COPPER:
SHORT-TERM REGULATORY
REVISIONS AND CLARIFICATIONS
Priority: Substantive, Nonsignificant
Legal Authority: SDWA: 42 USC sec
300f et seq
CFR Citation: 40 CFR 141, 40 CFR 142
Legal Deadline: None
Abstract: This action is minor as it
makes minor additions and
clarifications to an existing regulation.
EPA undertook several activities in
2004 to determine whether a national
problem exists related to elevated
drinking water lead levels comparable
to that in the District of Columbia. This
evaluation, while it did not reveal a
national problem comparable to D.C.,
highlighted areas for improvement and
clarification to the existing lead and
copper rule and associated guidance
materials. Several short-term actions
will be initiated in 2005 and completed
during the 2005-2006 time frame. EPA
also identified several regulatory
changes that will be considered as part
of identifying more comprehensive
changes to the rule. These
considerations are longer-term as they
require additional data collection,
research, analysis, and stakeholder
involvement to support decisions.
These longer-term regulatory changes
will be examined by a separate
workgroup under an additional
regulatory action. This action addresses
the regulatory revisions to be
completed in the 2005-2006 time frame.
Regulatory changes to be addressed
include clarifications about sample
collection; clarifications to definitions
for monitoring and compliance periods;
modifications regarding public water
system notification to their State of
treatment changes 60 days prior to the
change; revisions to language related to
criteria for reduced monitoring;
revisions to language regarding
consideration of lead service line
replacement for compliance purposes;
revisions to language related to flushing
guidance; and additional requirements
for consumer notification of lead
monitoring results.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/05
12/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Local,
State
Additional Information: SAN No. 4981;
Agency Contact: Jeffrey Kempic,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-4880
Email: kempic.jeffrey@epa.gov
RIN: 2040-AE83
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3401. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Regulatory Plan: This entry is Seq. No.
129 in part II of this issue of the
Federal Register.
RIN: 2040-AA97
3402. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Regulatory Plan: This entry is Seq. No.
130 in part II of this issue of the
Federal Register.
RIN: 2040-AD37
3403. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTION BYPRODUCTS RULE
Regulatory Plan: This entry is Seq. No.
131 in part II of this issue of the
Federal Register.
RIN: 2040-AD38
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65355
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
3404. 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. Systems would also be able
to develop a State approved MMM
program in the absence of a State
program. 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.
Timetable:
Action
Date FR Cite
ANPRM-
NPRM original-
Notice 99-
NPRM-
Final Action-
09/30/86 51 FR 34836
07/18/91 56 FR 33050
02/26/99 64 FR 9560
11/02/99 64 FR 59246
12/00/07
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
3405. 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,
State, Local, 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
3406. 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 Drinking Water:
Regulatory Determination on the
Second Contaminants Candidate List.
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
Email: dooley.irene@epamail.epa.gov
RIN: 2040-AD54
-------
65356
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
3407. 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 1989. On July 18, 2003,
EPA published a Federal Register
(68FR42907) 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
NPRM-
Final Action-
07/00/07
10/00/09
Regulatory Flexibility Analysis
Required: Yes
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
3408. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: 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:
Action
Date
FR Cite
NPRM-Preliminary
Notice-
Final Notice-
02/00/07
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.tho mas@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
3409. 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
incorporating by reference elements of
already effective State programs.
-------
Federal Register/Vol. 70, No. 209/Monday, October 31, 2005/Unified Agenda
65357
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
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
3410. • DRINKING WATER
REGULATIONS FOR AIRCRAFT
PUBLIC WATER SYSTEM
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141
Legal Deadline: None
Abstract: The action is to tailor
drinking water rule requirements to the
unique characteristics of aircraft to
ensure that the water passengers drink
while on an airplane is safe. This
action is necessary because aircraft
public water systems are very different
from traditional public water systems.
Aircraft fly to multiple destinations
throughout the course of any given day
and may board water from different
sources along the way. Depending on
the quality of the water that is boarded
from these multiple sources and the
care used to board the water,
contamination could be introduced.
This increases the vulnerability of the
aircraft's water system to contamination
when compared to a typical public
water system. In the United States
water loaded aboard passenger aircraft
comes from public water systems. The
water provided by public water systems
that are regulated by state and federal
authorities is among the safest in the
world; however, a significant
percentage of passenger aircraft travel
includes international destinations.
These aircraft may board water from
foreign sources which are not subject
to EPA drinking water standards.
Therefore, this action also will address
the boarding of foreign water by U.S.
aircraft.
Timetable:
Action
Date
FR Cite
NPRM- 12/00/06
Final Action- 12/00/08
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4966;
Agency Contact: Rick Naylor,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3847
Fax: 202 564-3847
Email: naylor.richard@epa.gov
RIN: 2040-AE84
3411. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 "Shore
Protection Act of 1988"; PL 100-688
"4103fb)"
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@epamail.epa.gov
RIN: 2040-AB85
[FR Doc. 05-21099 Filed 10-28-05; 8:45 am]
BILLING CODE 6560-50-S
-------
-------
A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610
REVIEW
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the periodic review of its
rules that have a significant economic impact on a substantial number of small entities. Each agency must publish annually in the
Federal Register a list of the rules that it plans to review in the next year. The SequenceNumber (Seq. No.) of the entry identifies
the location of the entry in this edition.
3028 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)(7)
(Section 610 Review)
B. INDEX TO ENTRIES FOR WHICH A REGULATORY FLEXIBILITY ANALYSIS IS
REQUIRED
The Regulatory Flexibility Act (S U.S.C. 601) requires that agencies publish regulatory agendas identifying those rules that may
have a significant economic impact on a substantial number of small entities. Agencies meet that requirement by including the
information in their submissions for the Unified Agenda. The following index lists the regulatory actions in this publication for
which EPA believes that the Act may require a Regulatory Flexibility Analysis because the rule is likely to have such effects on
small businesses, small governmental jurisdictions, or small organizations. The Sequence Number (Seq. No.) of the entry
identifies the location of the entry in this edition.
Businesses Governmental Jurisdictions
101 Control of Hazardous Air Pollutants
From Mobile Sources
104 Control of Emissions From New Locomotives
and New Marine Diesel Engines Less Than 30 Liters
Per Cylinder
105 Control of Emissions from Spark-Ignition
Engines and Fuel Systems from Marine Vessels and Small
Equipment
112 Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
120 Rule on Section 126 Petition from NC to Reduce
Interstate Transport of Fine PM and O3; FIPs to
Reduce Interstate Transport of Fine PM & O3; Revisions to
CAIR Rule; Revisions to Acid Rain Program
129 National Primary Drinking Water
Regulations: Ground Water Rule
3246 Federal Implementation Plans To Reduce Interstate
Transport of Fine Particulate Matter and Ozone
3404 National Primary Drinking Water Regulations: Radon
3407 National Primary Drinking Water Regulations:
Revisions to the Total Conform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
112 Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
120 Rule on Section 126 Petition from NC to Reduce
Interstate Transport of Fine PM and O3; FIPs to
Reduce Interstate Transport of Fine PM & O3; Revisions to
CAIR Rule; Revisions to Acid Rain Program
129 National Primary Drinking Water Regulations: Ground
Water Rule
3246 Federal Implementation Plans To Reduce Interstate
Transport of Fine Particulate Matter and Ozone
3404 National Primary Drinking Water Regulations: Radon
3407 National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and Analytical
Requirements and Additional Distribution System
Requirements
Organizations
112 Lead-Based Paint Activities; Amendments for
Renovation, Repair and Painting
120 Rule on Section 126 Petition from NC to Reduce
Interstate Transport of Fine PM and O3; FIPs to
Reduce Interstate Transport of Fine PM & O3; Revisions to
CAIR Rule; Revisions to Acid Rain Program
129 National Primary Drinking Water Regulations: Ground
Water Rule
3246 Federal Implementation Plans To Reduce Interstate
Transport of Fine Particulate Matter and Ozone
-------
C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A
REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying those rules that may
have a significant economic impact on a substantial number of small entities. Agencies meet that requirement by including the
information in their submissions for the Unified Agenda. Some agencies including EPA have chosen to identify additional
regulatory actions that may have some impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen to indicate that some impact on
small entities is likely even though a Regulatory Flexibility Analysis may not be required. The Sequence Number (Seq. No.) of
the entry identifies the location of the entry in this edition.
Businesses
106 Implementing Periodic Monitoring in
Federal and State Operating Permit Programs
113 Notification of Chemical Exports Under TSCA Section
12(b)
123 Test Rule; Testing of Certain High Production Volume
(HPV) Chemicals
124 Pesticides; Procedures for the Registration Review
Program
126 Protections for Test Subjects in Human Research
130 National Primary Drinking WaterRegulations: Long
Term 2 Enhanced Surface Water Treatment Rule
131 National Primary Drinking Water Regulations: Stage 2
Disinfection Byproducts Rule
3020 Utilization of Small, Minority and Women's Business
Enterprises inProcurement Under Assistance Agreements
3026 Public Information and Confidentiality Regulations
3037 Review of New Sources and Modifications in Indian
Country
3041 Portland Cement Manufacturing Industry NESHAP:
Amendment To Implement Court Remand
3042 NESHAP: Ethylene Oxide for Sterilization
Facilities—Residual Risk Standards
3045 NESHAP: Perchloroethylene Dry Cleaning Facilities
Residual Risk Standards
3046 NESHAP: Halogenated Solvent Cleaning—Residual
Risk Standards
3049 National VOC Emission Standards for Consumer
Products; Amendments
3051 Protection of Stratospheric Orone:Listing of
Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
3053 Federal Implementation Plan (FIP) for the
Billings/Laurel, Montana Sulfur Dioxide (SO2) Area
3058 Regulation of Fuels and Fuel Additives:
Modifications to Standards and Requirements for
Reformulated and Conventional Gasoline
Including Butane Blenders and Attest Engagements
3061 Protection of Stratospheric Ozone; Allowance System
for Controlling HCFC Production, Import and Export;
Correction
3067 NESHAP: Area Source Standards—Ethylene Oxide
Hospital Sterilization
3078 National Volatile Organic Compound Emission
Standards for Architectural Coatings—Amendments
3079 Control of Ultra Low Sulfur Diesel Fuel Lubricity:
Notice of Proposed Rulemaking
3082 Protection of Stratospheric Ozone: Modifications to the
Technician Certification Requirements Under Section 608 of
the Clean Air Act
3087 Standards of Performance for Stationary Spark Ignited
Internal Combustion Engines
3094 NESHAP: Plastic Parts and Products (Surface
Coating)—Area Source Rule
3096 Protection of Stratospheric Ozone: Listing of
Substitutes for Ozone-Depleting Substances in Foam
Blowing
3102 NESHAP: Autobody Refinishing—Area Source Rule
3115 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
3119 NSPS and Emission Guidelines forOther Solid Waste
Incinerators
3122 NSPS: SOCMI—Wastewater and Amendment to
Appendix C of Part 63 and Appendix J of Part 60
3150 Standards of Performance for Stationary
Compression Ignition Internal Combustion Engines
3154 NESHAP: Brick and Structural Clay Products
Manufacturing; Reconsideration
3156 NESHAP: Industrial, Commercial, and Institutional
Boilers and Process Heaters; Reconsideration Notice
3164 Commercial and Industrial Solid Waste Incinerators
NSPS and EG: Definitions
3169 NESHAP: Off-Site Waste and Recovery Operations
Residual Risk Standard
3177 NESHAP: Group II Polymers and Resins—Residual
Risk Standards
3179 NESHAP: Secondary Lead Smelting Residual Risk
Standards
3180 NESHAP: Shipbuilding and Ship Repair Surface
Coating—Residual Risk Standards
3181 NESHAP: Wood Furniture Manufacturing
Operations—Residual Risk Standards
3182 NESHAP: Printing and Publishing Industry—Residual
Risk Standards
3183 NESHAP: Petroleum Refineries—Residual Risk
Standards
3184 National Emission Standards for Chromium Emissions
From Hard and Decorative Chromium Electroplating
and Chromium Anodizing Tanks—Residual Risk
Standards
3192 Performance Warranty and Inspection/Maintenance
Test Procedures
3193 Inspection/Maintenance Recall Requirements
3203 Mineral Wool Production Residual Risk Standard
3205 NESHAP: Pharmaceuticals Production:
Residual Risk Standards
3209 Protection of Stratospheric Ozone:
Restriction on the Sales of Pre-Charged Split Systems
3214 Area Source National Emission Standards for
Hazardous Air Pollutants (NESHAP) for Iron and
Steel Foundries
3217 NESHAP: Area Source Standards—Clay Ceramics
Industry
3221 NESHAP for Stainless and Nonstainless Steel Electric
Arc Furnace (EAF) Manufacturing
3240 NESHAP: Reinforced Plastic
Composites—Amendments
3262 Pesticide Management and Disposal; Standards for
-------
Pesticide Containers and Containment
3266 Pesticides; Data Requirements for Conventional
Chemicals
3267 Pesticides; Data Requirements for
Antimicrobials
3268 Endocrine Disrupter Screening Program (EDSP);
Implementing the Screening and Testing Phase
3273 Pesticides; Registration Requirements
for Antimicrobial Pesticide Products
3274 Pesticides; Competency Standards
for Occupational Users
3277 Future Testing for Existing Chemicals
(Overview Entry)
3279 Polychlorinated Biphenyls (PCBs);
Exemptions From the Prohibitions
Against Manufacturing, Processing,
and Distribution in Commerce
3280 Amendment to the Premanufacture
Notification Exemptions; Revisions
of Exemptions for Polymers
3281 Test Rule; Certain Chemicals on
the ATSDR Priority List of Hazardous
Substances
3283 Significant New Use Rule (SNUR);
Selected Flame Retardant Chemical
Substances for Use in Residential
Upholstered Furniture
3291 Lead Fishing Sinkers; Response to
Citizens Petition and Proposed
Ban
3293 TSCA Section 8(a) Preliminary Assessment
Information Rules
3294 TSCA Section 8(d) Health and
Safety Data Reporting Rules
3296 Voluntary High Production Volume
(HPV) Chemical Challenge Program
3297 Significant New Use Rule (SNUR);
Certain Polybrominated Diphenyl
Ethers (PBDEs)
3298 Testing Agreement for
Perfluorooctanoic Acid (PFOA)
3299 Testing Agreement for
Diethanolamine
3300 Testing Agreement for Hydrogen
Fluoride
3301 Testing Agreement for Phthalic Anhydride
3303 Testing Agreement for Maleic Anhydride
3304 Asbestos Model Accreditation Plan Revisions
3305 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification Rule and Model
State Plan Rule
3306 Polychlorinated Biphenyls (PCBs);Disposal of PCBs;
Implementation Issues
3308 Significant New Use Rule (SNUR); Chemical-Specific
SNURs To Extend Provisions of Section 5(e) Orders
3310 Test Rule; Hazardous Air Pollutants (HAPs)
3311 Test Rule; Certain Metals
3312 Testing Agreement for Certain Oxygenated Fuel
Additives
3313 Test Rule; Multiple Substance Rule for the Testing of
Developmental and Reproductive Toxicity
3314 Follow-Up Rules on Existing Chemicals
3315 Significant New Use Rule (SNUR); Refractory Ceramic
Fibers (RCFs)
3316 TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants)
3317 Lead-Based Paint; Amendments to Requirements for
Disclosure of Known Lead-Based Paint or Lead-Based Paint
Hazards in Target Housing
3318 Testing Agreement for Aryl Phosphates (ITC List 2)
3319 Test Rule; Brominated Flame Retardants (BFRs)
3322 TRI; Response to Petition To Delete Chromium,
Antimony, Titanate From the Metal Compound Categories
Listed on the Toxics Release Inventory
3323 TRI; Response to Petition To Delete
Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals 3325 Addition of Toxicity Equivalency
(TEQ) Reporting and Quantity Data for Individual Members
of the Dioxin and Dioxin-Like Compounds Category Under
EPCRA, Section 313
3327 Clarify TRI Reporting Obligations Under EPCRA
Section 313 for the Metal Mining Activities of Extraction
and Beneficiation
3328 TRI; Response to Petition To Add Diisononyl Phthalate
to the Toxics Release Inventory List of Toxic Chemicals
3342 Modifications to RCRA Rules Associated With Solvent-
Contaminated Industrial Wipes
3347 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
3354 Revisions of the Lead-Acid Battery Export Notification
and Consent Requirements
3360 NESHAPS: Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors (Phase I Final Replacement
Standards and Phase II)
3369 Standards and Practices for Conducting All
Appropriate Inquiries
3373 Revisions to the National Oil and Hazardous
Substances Pollution Contingency Plan; Subpart J Product
Schedule Listing Requirements
3396 Effluent Limitations Guidelines and Standards for the
Vinyl Chloride and Chlor-Alkali Point Source Categories
3397 Streamlining the GeneralPretreatment Regulations for
Existing and New Sources of Pollution
3405 National Primary Drinking Water Regulations: Aldicarb
3411 Shore Protection Act, Section 4103(b) Regulations
Governmental Jurisdictions
130 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment Rule
131 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
3020 Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
3037 Review of New Sources and Modifications
in Indian Country
3054 Ambient Air Quality Monitoring Regulations:
Revisions
3087 Standards of Performance for Stationary
Spark Ignited InternalCombustion Engines
3102 NESHAP: Autobody Refinishing—
Area Source Rule
3115 Federal Plan Requirements for Other Solid Waste
Incineration Units Constructed On or Before December 9,
2004
3119 NSPS and Emission Guidelines for Other Solid Waste
Incinerators
3150 Standards of Performance for Stationary Compression
Ignition Internal Combustion Engines
3156 NESHAP: Industrial, Commercial, and Institutional
Boilers and Process Heaters; Reconsideration Notice
3159 PM 2.5 and PM 10 Hot-Spot Analyses
in Transportation Conformity Rule Amendments
3230 Clean Air Mercury Rule—Electric Utility Steam
Generating UnitMACT
3232 Rescinding Finding That Preexisting PM10 Standards
-------
Are No Longer Applicable in Northern Ada
County/Boise, Idaho
3247 Transportation Conformity Amendments
for the New PM 2.5 NAAQS Standards and PM 2.5
Precursors
3296 Voluntary High Production Volume
(HPV) Chemical Challenge Program
3304 Asbestos Model Accreditation Plan Revisions
3305 Lead-Based Paint Activities; Bridges and Structures;
Training, Accreditation, and Certification
Rule and Model State Plan Rule
3306 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3314 Follow-Up Rules on Existing Chemicals
3347 Standards for the Management of Coal Combustion
Wastes—Non-Power Producers and Minefilling
3369 Standards and Practices for Conducting All
Appropriate Inquiries
3372 Revise 40 CFR Part 35 Subpart O: Cooperative
Agreements and Superfund State Contracts for
Superfund Response Actions
3390 NPDES Permit Requirements for Municipal Sanitary
and Combined Sewer Collection Systems, Municipal
Satellite Collection Systems, Sanitary Sewer Overflows,
and Peak Excess Flow Treatment Facilities
3397 Streamlining the General Pretreatment Regulations for
Existing and New Sources of Pollution
3398 Unregulated Contaminant Monitoring Regulation for
Public Water Systems Revisions
3400 National Primary Drinking Water Regulations for Lead
and CopperShort-Term Regulatory Revisions and
Clarifications
3405 National Primary Drinking Water Regulations'. Aldicarb
3411 Shore Protection Act, Section 4103(b) Regulations
Organizations
126 Protections for Test Subjects in
Human Research
130 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment Rule
131 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
3020 Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
3305 Lead-Based Paint Activities;
Bridges and Structures; Training,
Accreditation, and Certification
Rule and Model State Plan Rule
3306 Polychlorinated Biphenyls (PCBs);
Disposal of PCBs; Implementation
Issues
3316 TSCA Policy Statement on Oversight
of Transgenic Organisms (Including Plants)
3317 Lead-Based Paint; Amendments to
Requirements for Disclosure of Known Lead-Based Paint or
Lead-Based Paint Hazards in Target Housing
3347 Standards for the Management of
Coal Combustion Wastes—Non-Power Producers and
Minefilling
3405 National Primary Drinking Water Regulations: Aldicarb
-------
D. INDEX TO ENTRIES THAT MAY AFFECT GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review," signed September 30, 1993 (58 FRS173S) and the
Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the effects of Federal regulations on State, local,
and tribal governments. In keeping with these efforts, agencies include in their submissions for the Unified Agenda information
on whether their regulatory actions have an effect on various levels of government. See also Index E for entries that may have
"federalism implications" as defined in Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR 43255).
The following index lists the regulatory actions in this publication that may haveeffects on State, local, tribal, or Federal levels of
government. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition.
State
2888 Project XL Site Specific Rulemaking for the NASA White
Sands Test Facility in Las Cruces, New Mexico (Phases HI-VI)
2890 Cross-Media Electronic Reporting (ER) and Recordkeepmg
Rule (CROMERRR)
2895 Project XL Site Specific Rulemaking for NASA White
Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases I - II)
2896 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2899 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants
Strategy
2900 Revision to Policy on Control of Volatile Organic
Compounds (VOC)
2906 General Conformity Regulations; Revisions
2908 Clean Air Fine Particle Implementation Rule
2909 Performance Specification 16-Specifications and Test
Procedures for Predictive Emission Monitoring Systems in
Stationary Sources
2911 NESHAP: Printing and Publishing Industry; Amendments
2917 NESHAP: Shipbuilding and Ship Repair Surface
Coating-Residual Risk Standards
2922 National VOC Emission Standards for Consumer Products;
Proposed Amendments
2927 Ambient Air Quality Monitoring Regulations: Revisions
2932 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Allowables Plantwide
Applicability Limit (PAL), Aggregation, and Debottlenecking
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)
2955 Flexible Air Permit Rule
2961 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR) Routine Maintenance,
Repair and Replacement (RMRR); Maintenance and Repair
Amendments
2964 NESHAP: General Provisions—Amendments
2967 NSPS for Reciprocating Internal Combustion Compression
Ignition Engines
2970 NESHAP: Taconite Iron Ore Processing; Amendments
2971 Part 63 General Provisions-Response to Petition to
Reconsider
2972 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2973 Federal Implementation Plans to Reduce Interstate
Transport of Fine Paniculate Matter and Ozone
2975 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
2976 NESHAP. Industrial, Commercial, and Institutional Boilers
and Process Heaters, Reconsideration Notice
2977 Rulemaking on Section 126 Petition From North Carolina
To Reduce Interstate Transport of Fine Particulate Matter and
Ozone
2978 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2980 Second Deferral of Effective Date of Nonattainment
Designations for 8-Hour Ozone National Ambient Air Quality
Standards for Early Action Compact Areas
2989 Revisions to Air Emissions Reporting Requirements
2990 Amendment to Subparts H and 1 for Emissions of
Radionuclides Other Than Radon from DOE Facilities
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
2992 NSPS and Emission Guidelines for Other Solid Waste
Incinerators
2995 Implementation Rule for 8-Hour Ozone NAAQS-Phase 1
and Phase 2
3000 Clean Air Mercury Rule-Electric Utility Steam Generating
Unit MACT
3002 NESHAP: General Provisions, Amendments for Pollution
Prevention Alternative Compliance Requirements
3008 Clean Air Visibility Rule
3016 Clean Air Interstate Rule (Formerly Titled' Interstate Air
Quality Rule)
3017 Clean Air Fine Particle Designations
3020 Amendments to Vehicle Inspection and Maintenance
Program Requirements To Address New 8-Hour Ozone Standard
3023 Exemption of Certain Area Sources From Federal and State
Operating Permit Programs
3024 Prevention of Significant Deterioration for Nitrogen Oxides
3031 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine Maintenance,
Repair and Replacement (RMRR) Equipment Replacement
Provision (ERP); Reconsideration
3032 Nonattainment Major New Source Review (NSR): Final
Rules
3041 Revision to the Definition of Volatile Organic
Compounds-Removal of VOC Exemptions for California's
Aerosol Coatings Reactivity-Based Regulation
3042 PM 2.5 and PM10 Hot-Spot Analyses in Transportation
Conformity Rule Amendments
3043 Transportation Conformity Amendments for the New
PM2 5 NAAQS Standards and PM2 5 Precursors
3044 Stay of the Findings of Significant Contribution and
Rulemaking for Georgia for Purposes of Reducing Ozone
Interstate Transport
3045 Finding of Failure To Submit Section 110(a) SIP
Requirements
3048 Small Municipal Waste Combustor New Source
Performance Standards and Emission Guidelines Amendments
3052 Accidental Release Prevention Requirements: Risk
Management Programs Under the Clean Air Act, Section
112(rX3); Revisions to the List of Substances
3056 Prevention of Significant Deterioration of Air Quality
Permit Application Review Procedures for Non-Federal Class I
Areas
3064 National Emission Standards for Chromium Emissions
-------
From Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks—Residual Risk Standards
3074 Inspection/Maintenance Program Requirements for Federal
Facilities, Amendment to the Final Rule
3075 Rescinding Finding That Preexisting PM10 Standards Are
No Longer Applicable in Northern Ada County/Boise, Idaho
3076 Voluntary Superior Monitoring
3077 Deferral of Effective Date of Nonattamment Designations
for 8-hour Ozone National Ambient Air Quality Standards for
Early Action Compact Areas
3079 NESHAP: Ferroalloys Production' Ferromanganese and
Silicomanganese Residual Risk Standards
3082 NESHAP. Pharmaceuticals Production. Residual Risk
Standards
3100 Phase I (FIP) To Reduce the Regional Transport of Ozone
in the Eastern United States
3102 National Emission Standards for Coke Oven
Batteries—Residual Risk Standards
3106 Control of Methyl Tertiary Butyl Ether (MTBE)
3107 Operating Permits: Revisions (Part 70)
3108 Revised Permit Revision Procedures for the Federal
Operating Permits Program-Part 71
3113 Prevention of Significant Deterioration (PSD) and
Nonattamment New Source Review (NSR) Clean Units
3114 Transportation Conformity Rule Amendments for New
8-Hour Ozone and PM2 5 National Ambient Air Quality
Standards
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
3132 Groundwater and Pesticide Management Plan Rule
3133 Pesticides; Emergency Exemption Process Revisions
3149 Significant New Use Rule (SNUR); Selected Flame
Retardant Chemical Substances for Use in Residential Upholstered
Furniture
3159 Significant New Use Rule (SNUR); Certain
Polybrominated Diphenyl Ethers (PBDEs)
3166 Asbestos Model Accreditation Plan Revisions
3168 Lead-Based Paint Activities; Training, Accreditation, and
Certification Rule and Model State Plan Rule-Bridges and
Structures
3169 Lead-Based Paint Activities, Abatement Amendments for
Renovation and Remodeling
3171 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3182 Lead, Amendments to Requirements for Disclosure of
Known Lead-Based Paint or Lead-Based Paint Hazards in Target
Housing
3185 Lead, Management and Disposal of Lead-Based Paint
Debris
3187 Lead-Based Paint Activities; Voluntary Program for
Renovation and Remodeling
3190 Addition of Toxicity Equivalency (TEQ) Reporting and
Quantity Data for Individual Members of the Dioxm and
Dioxin-like Compounds Category Under EPCRA, Section 313
3191 Toxics Release Inventoiy Reporting Burden Reduction
Rule
3192 TRI; Response to Petition To Delete Chromium, Antimony,
Titanate From the Metal Compound Categories Listed on the
Toxics Release Inventory
3193 TRI; Response to Petition To Add Dusononyl Phthalate to
the Toxics Release Inventory List of Toxic Chemicals
3194 TRI; Response to Petition To Delete Acetonitrile From the
Toxics Release Inventory List of Toxic Chemicals
3195 Change of Toxic Release Inventory (TRI) Reporting
Requirements From Standard Industrial Classification (SIC) Codes
to North American Industrial Classification System (NAICS)
Codes
3197 Emergency Planning and Community Right-to-Know Act:
Amendments and Streamlining Rule
3200 TRI; Review of Chemicals on the Original TRI List
3201 TRI; Response to Petition to Delete DBNPA from the
Toxics Release Inventory List of Toxic Chemicals
3202 TRI; Revisions to the Otherwise Use Activity Exemptions
and the Coal Extraction Activities Exemption
3203 TRI; Pollution Prevention Act Information Requirements
3204 TRI; Response to Petition To Modify Reporting for
Chrominum, Nickel, and Copper Alloys for Toxics Release
Inventory Metal Compound Categories
3206 Land Disposal Restrictions: Determination of Equivalent
Treatment for Macroencapsulation of Radioactive Lead Solids;
Definition of Macroencapsulation
3211 Standardized Permit for RCRA Hazardous Waste
Management Facilities
3212 Revisions to the Comprehensive Guideline for Procurement
of Products Containing Recovered Materials
3213 Methods Innovation Rule
3214 Hazardous Waste Manifest Regulation
3215 RCRA Burden Reduction Initiative
3216 Recycling of Cathode Ray Tubes (CRTs): Changes to
Hazardous Waste Regulations
3217 Revision of Wastewater Treatment Exemptions for
Hazardous Waste Mixtures.
3218 NESHAPS: Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors (Phase I Final Replacement
Standards and Phase II)
3219 Hazardous Waste Management System; Modification of the
Hazardous Waste Program. Mercury-Containing Equipment
3221 Project XL Site-Specific Rulemakmg for the IBM
Semiconductor Manufacturing Facility in Hopewell Junction, New
York
3222 Management of Cement Kiln Dust (CKD)
3223 Standards for the Management of Coal Combustion Wastes
Generated by Commercial Electric Power Producers
3224 Standards for the Management of Coal Combustion Wastes
- Non-Power Producers and Minefilling
3225 Revisions to Solid Waste Landfill Criteria-Leachate
Recirculation on Alternative Liners
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
3227 RCRA Burden Reduction Initiative, Phase 2
3228 E-Cycling Pilot Project for Region 3 States (ECOS),
Streamlining RCRA Regulations to Encourage Reuse, Recycling,
and Recovery of Electronic Equipment
3230 Modifications to RCRA Rules Associated With
Solvent-Contaminated Industrial Wipes
3231 Revisions to the Definition of Solid Waste
3232 RCRA Subtitle C Financial Test Criteria (Revision)
3234 Hazardous Waste Manifest Revisions—Standards and
Procedures for Electronic Manifests
3235 Expanding the Comparable Fuels Exclusion Under RCRA
3236 RCRA Incentives for Performance Track Members
3237 Loading-Based Listing of Non-Wastewaters From the
Production of Selected Organic Dyes, Pigments, and Food, Drug,
and Cosmetic Colorants
3238 Regulatory Incentives for the National Environmental
Performance Track Program
3239 Regulatory Actions Associated With the Notices of Data
Availability on the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3240 Revisions to the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3241 National Priorities List for Uncontrolled Hazardous Waste
-------
Sites: Proposed and Final Rules
3244 National Contingency Plan Revisions To Align With the
National Response Plan
3246 Standards and Practices for Conducting All Appropriate
Inquiries
3247 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements
and Superfund State Contracts for Superfund Response Actions
3249 Revisions to the National Oil and Hazardous Substances
Pollution Contingency Plan; Subpart J Product Schedule Listing
Requirements
3250 Uniform National Discharge Standards for Vessels of the
Armed Forces-Phase II
3253 Effluent Guidelines for the Iron and Steel Manufacturing
Point Source Category (Revision)
3254 Test Procedures: New and Updated Test Procedures for the
Analysis of Pollutants Under the Clean Water Act and Safe
Drinking Water Act
3255 Streamlining the General Pretreatment Regulations for
Existing and New Sources of Pollution
3257 Effluent Guidelines and Standards for the Pulp, Paper, and
Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategories (Phase III)
3258 Test Procedures for the Analysis of Trace Metals Under the
Clean Water Act
3259 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3260 Test Procedures: Performance-Based Measurement System
(PBMS) Procedures and Guidance for Clean Water Act Test
Procedures
3261 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under
the Clean Water Act
3262 Minimizing Adverse Environmental Impact from Cooling
Water Intake Structures at Existing Facilities Under Section
316(b) of the Clean Water Act, Phase 3
3263 NPDES Applications Revisions
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
3266 Effluent Guidelines and Standards. Recodification of
Various Effluent Guidelines
3269 New/Revised Ambient Water Quality Criteria (AWQC) for
Recreational Waters
3270 Water Quality Standards for Indian Country Waters
3271 Watershed Rule Total Maximum Daily Load (TMDL)
Program Revisions
3272 Water Quality Standards for Pathogens and Pathogen
Indicators for Coastal Recreation Waters
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
3275 Unregulated Contaminant Monitoring Regulation for Public
Water Systems Revisions
3276 National Primary Drinking Water Regulations:
Groundwater Rule
3277 National Primary Drinking Water Regulations: Long Term
2 Enhanced Surface Water Treatment Rule
3278 National Primary Drinking Water Regulations' Stage 2
Disinfection Byproducts Rule
3279 National Primary Drinking Water Regulations' Radon
3280 National Primary Drinking Water Regulations: Aldicarb
3282 National Primary Drinking Water Regulations: Revisions to
the Total Coliform Monitoring and Analytical Requirements and
Additional Distribution System Requirements
3284 Underground Injection Control: Update of State Programs
Local
2890 Cross-Media Electronic Reporting (ER) and Recordkeeping
Rule (CROMERRR)
2896 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2899 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants
Strategy
2908 Clean Air Fine Particle Implementation Rule
2911 NESHAP. Printing and Publishing Industry; Amendments
2922 National VOC Emission Standards for Consumer Products;
Proposed Amendments
2927 Ambient Air Quality Monitoring Regulations: Revisions
2932 Prevention of Significant Deterioration (PSD) and
Nonattamment New Source Review (NSR): Allowables Plantwide
Applicability Limit (PAL), Aggregation, and Debottlenecking
2933 Section 126 Rule: Withdrawal of Findings for Sources in
Michigan
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)
2943 NESHAP. Municipal Solid Waste Landfills-Amendments
2955 Flexible Air Permit Rule
2961 Prevention of Significant Deterioration (PSD) and
Nonattamment New Source Review (NSR). Routine Maintenance,
Repair and Replacement (RMRR); Maintenance and Repair
Amendments
2964 NESHAP: General Provisions—Amendments
2967 NSPS for Reciprocating Internal Combustion Compression
Ignition Engines
2971 Part 63 General Provisions-Response to Petition to
Reconsider
2972 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2973 Federal Implementation Plans to Reduce Interstate
Transport of Fine Particulate Matter and Ozone
2975 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
2976 NESHAP: Industrial, Commercial, and Institutional Boilers
and Process Heaters; Reconsideration Notice
2977 Rulemaking on Section 126 Petition From North Carolina
To Reduce Interstate Transport of Fine Particulate Matter and
Ozone
2978 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2980 Second Deferral of Effective Date of Nonattainment
Designations for 8-Hour Ozone National Ambient Air Quality
Standards for Early Action Compact Areas
2989 Revisions to Air Emissions Reporting Requirements
2990 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon from DOE Facilities
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
2992 NSPS and Emission Guidelines for Other Solid Waste
Incinerators
2995 Implementation Rule for 8-Hour Ozone NAAQS-Phase 1
and Phase 2
3000 Clean Air Mercury Rule-Electric Utility Steam Generating
Unit MACT
3002 NESHAP: General Provisions; Amendments for Pollution
Prevention Alternative Compliance Requirements
3008 Clean Air Visibility Rule
3016 Clean Air Interstate Rule (Formerly Titled: Interstate Air
Quality Rule)
3017 Clean Air Fine Particle Designations
3023 Exemption of Certain Area Sources From Federal and State
-------
Operating Permit Programs
3024 Prevention of Significant Deterioration for Nitrogen Oxides
3031 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine Maintenance,
Repair and Replacement (RMRR) Equipment Replacement
Provision (ERP), Reconsideration
3032 Nonattainment Major New Source Review (NSR) Final
Rules
3042 PM 2 5 and PM10 Hot-Spot Analyses in Transportation
Conformity Rule Amendments
3043 Transportation Conformity Amendments for the New
PM2.5 NAAQS Standards and PM2 5 Precursors
3048 Small Municipal Waste Combustor New Source
Performance Standards and Emission Guidelines Amendments
3052 Accidental Release Prevention Requirements: Risk
Management Programs Under the Clean Air Act, Section
112(r)(3); Revisions to the List of Substances
3075 Rescinding Finding That Preexisting PM10 Standards Are
No Longer Applicable in Northern Ada County/Boise, Idaho
3076 Voluntary Superior Monitoring
3077 Deferral of Effective Date of Nonattainment Designations
for 8-hour Ozone National Ambient Air Quality Standards for
Early Action Compact Areas
3100 Phase 1 (FIP) To Reduce the Regional Transport of Ozone
in the Eastern United States
3107 Operating Permits: Revisions (Part 70)
3108 Revised Permit Revision Procedures for the Federal
Operating Permits Program-Part 71
3114 Transportation Conformity Rule Amendments for New
8-Hour Ozone and PM2.5 National Ambient Air Quality
Standards
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
3166 Asbestos Model Accreditation Plan Revisions
3168 Lead-Based Paint Activities; Training, Accreditation, and
Certification Rule and Model State Plan Rule-Bridges and
Structures
3169 Lead-Based Paint Activities, Abatement Amendments for
Renovation and Remodeling
3171 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3185 Lead; Management and Disposal of Lead-Based Paint
Debris
3187 Lead-Based Paint Activities, Voluntary Program for
Renovation and Remodeling
3197 Emergency Planning and Community Right-to-Know Act.
Amendments and Streamlining Rule
3206 Land Disposal Restrictions' Determination of Equivalent
Treatment for Macroencapsulation of Radioactive Lead Solids;
Definition of Macroencapsulation
3212 Revisions to the Comprehensive Guideline for Procurement
of Products Containing Recovered Materials
3213 Methods Innovation Rule
3215 RCRA Burden Reduction Initiative
3216 Recycling of Cathode Ray Tubes (CRTs)' Changes to
Hazardous Waste Regulations
3219 Hazardous Waste Management System; Modification of the
Hazardous Waste Program: Mercury-Containing Equipment
3223 Standards for the Management of Coal Combustion Wastes
Generated by Commercial Electric Power Producers
3224 Standards for the Management of Coal Combustion Wastes
- Non-Power Producers and Minefilling
3225 Revisions to Solid Waste Landfill Criteria-Leachate
Recirculation on Alternative Liners
3227 RCRA Burden Reduction Initiative, Phase 2
3228 E-Cyclmg Pilot Project for Region 3 States (ECOS),
Streamlining RCRA Regulations to Encourage Reuse, Recycling,
and Recovery of Electronic Equipment
3239 Regulatory Actions Associated With the Notices of Data
Availability on the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3240 Revisions to the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3241 National Priorities List for Uncontrolled Hazardous Waste
Sites: Proposed and Final Rules
3244 National Contingency Plan Revisions To Align With the
National Response Plan
3246 Standards and Practices for Conducting All Appropriate
Inquiries
3247 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements
and Superfund State Contracts for Superfund Response Actions
3253 Effluent Guidelines for the Iron and Steel Manufacturing
Point Source Category (Revision)
3254 Test Procedures New and Updated Test Procedures for the
Analysis of Pollutants Under the Clean Water Act and Safe
Drinking Water Act
3255 Streamlining the General Pretreatment Regulations for
Existing and New Sources of Pollution
3256 Policy Regarding National Pollutant Discharge Elimination
System Permit Requirements for Municipal Wastewater Treatment
During Wet Weather Conditions
3258 Test Procedures for the Analysis of Trace Metals Under the
Clean Water Act
3259 Test Procedures Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3260 Test Procedures' Performance-Based Measurement System
(PBMS) Procedures and Guidance for Clean Water Act Test
Procedures
3261 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under
the Clean Water Act
3262 Minimizing Adverse Environmental Impact from Cooling
Water Intake Structures at Existing Facilities Under Section
316(b) of the Clean Water Act, Phase 3
3263 NPDES Applications Revisions
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
3266 Effluent Guidelines and Standards: Recodification of
Various Effluent Guidelines
3275 Unregulated Contaminant Monitoring Regulation for Public
Water Systems Revisions
3276 National Primary Drinking Water Regulations'
Groundwater Rule
3277 National Primary Drinking Water Regulations'. Long Term
2 Enhanced Surface Water Treatment P:ule
3278 National Primary Drinking Water Regulations: Stage 2
Disinfection Byproducts Rule
3279 National Primary Drinking Water Regulations: Radon
3280 National Primary Drinking Water Regulations. Aldicarb
3282 National Primary Drinking Water Regulations. Revisions to
the Total Coliform Monitoring and Analytical Requirements and
Additional Distribution System Requirements
3287 Shore Protection Act, Section 4103(b) Regulations
Tribal
2890 Cross-Media Electronic Reporting (ER) and Recordkeeping
Rule (CROMERRR)
2896 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
-------
2899 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants
Strategy
2906 General Conformity Regulations; Revisions
2907 Review of New Sources and Modifications in Indian
Country
2908 Clean Air Fine Particle Implementation Rule
2922 National VOC Emission Standards for Consumer Products;
Proposed Amendments
2927 Ambient Air Quality Monitoring Regulations: Revisions
2932 Prevention of Significant Deterioration (PSD) and
Nonattamment New Source Review (NSR): Allowables Plantwide
Applicability Limit (PAL), Aggregation, and Debottlenecking
2943 NESHAP: Municipal Solid Waste Landfills-Amendments
2944 NESHAP: Area Source Standards -- Ethylene Oxide
Hospital Sterilization
2955 Flexible Air Permit Rule
2961 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine Maintenance,
Repair and Replacement (RMRR); Maintenance and Repair
Amendments
2964 NESHAP: General Provisions-Amendments
2971 Part 63 General Provisions—Response to Petition to
Reconsider
2972 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2973 Federal Implementation Plans to Reduce Interstate
Transport of Fine Particulate Matter and Ozone
2975 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
2977 Rulemaking on Section 126 Petition From North Carolina
To Reduce Interstate Transport of Fine Particulate Matter and
Ozone
2978 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2991 Revision to the Guideline on Air Quality Models (Appendix
W to 40 CFR Part 51)- Adoption of a Preferred Genera! Purpose
(Flat and Complex Terrain) Dispersion Model and Other Revisions
2995 Implementation Rule for 8-Hour Ozone NAAQS-Phase 1
and Phase 2
3000 Clean Air Mercury Rule-Electric Utility Steam Generating
Unit MACT
3002 NESHAP: General Provisions; Amendments for Pollution
Prevention Alternative Compliance Requirements
3008 Clean Air Visibility Rule
3016 Clean Air Interstate Rule (Formerly Titled. Interstate Air
Quality Rule)
3017 Clean Air Fine Particle Designations
3023 Exemption of Certain Area Sources From Federal and State
Operating Permit Programs
3024 Prevention of Significant Deterioration for Nitrogen Oxides
3031 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Routine Maintenance,
Repair and Replacement (RMRR) Equipment Replacement
Provision (ERP); Reconsideration
3052 Accidental Release Prevention Requirements: Risk
Management Programs Under the Clean Air Act, Section
112(rX3), Revisions to the List of Substances
3056 Prevention of Significant Deterioration of Air Quality:
Permit Application Review Procedures for Non-Federal Class I
Areas
3076 Voluntary Superior Monitoring
3108 Revised Permit Revision Procedures for the Federal
Operating Permits Program-Part 71
3110 Federal Implementation Plans for Indian Reservations in
Idaho, Oregon and Washington
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
3132 Groundwater and Pesticide Management Plan Rule
3166 Asbestos Model Accreditation Plan Revisions
3168 Lead-Based Paint Activities; Training, Accreditation, and
Certification Rule and Model State Plan Rule-Bridges and
Structures
3169 Lead-Based Paint Activities; Abatement Amendments for
Renovation and Remodeling
3171 Polychlorinated Biphenyls (PCBs); Disposal of PCBs;
Implementation Issues
3182 Lead, Amendments to Requirements for Disclosure of
Known Lead-Based Paint or Lead-Based Paint Hazards in Target
Housing
3185 Lead, Management and Disposal of Lead-Based Paint
Debris
3187 Lead-Based Paint Activities; Voluntary Program for
Renovation and Remodeling
3206 Land Disposal Restrictions Determination of Equivalent
Treatment for Macroencapsulation of Radioactive Lead Solids;
Definition of Macroencapsulation
3213 Methods Innovation Rule
3215 RCRA Burden Reduction Initiative
3216 Recycling of Cathode Ray Tubes (CRTs)' Changes to
Hazardous Waste Regulations
3218 NESHAPS: Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors (Phase I Final Replacement
Standards and Phase II)
3219 Hazardous Waste Management System; Modification of the
Hazardous Waste Program: Mercury-Containing Equipment
3223 Standards for the Management of Coal Combustion Wastes
Generated by Commercial Electric Power Producers
3224 Standards for the Management of Coal Combustion Wastes
- Non-Power Producers and Minefilling
3225 Revisions to Solid Waste Landfill Criteria—Leachate
Recirculation on Alternative Liners
3227 RCRA Burden Reduction Initiative, Phase 2
3237 Loading-Based Listing of Non-Wastewaters From the
Production of Selected Organic Dyes, Pigments, and Food, Drug,
and Cosmetic Colorants
3239 Regulatory Actions Associated With the Notices of Data
Availability on the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3240 Revisions to the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3244 National Contingency Plan Revisions To Align With the
National Response Plan
3246 Standards and Practices for Conducting All Appropriate
Inquiries
3247 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements
and Superfund State Contracts for Superfund Response Actions
3254 Test Procedures: New and Updated Test Procedures for the
Analysis of Pollutants Under the Clean Water Act and Safe
Drinking Water Act
3255 Streamlining the General Pretreatment Regulations for
Existing and New Sources of Pollution
3256 Policy Regarding National Pollutant Discharge Elimination
System Permit Requirements for Municipal Wastewater Treatment
During Wet Weather Conditions
3258 Test Procedures for the Analysis of Trace Metals Under the
Clean Water Act
3259 Test Procedures: Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3260 Test Procedures: Performance-Based Measurement System
(PBMS) Procedures and Guidance for Clean Water Act Test
Procedures
3261 Test Procedures for the Analysis of Co-Planar and
-------
Mono-Ortho- Substituted Polychlormated Biphenyls (PCBs)
Under the Clean Water Act
3262 Minimizing Adverse Environmental Impact from Cooling
Water Intake Structures at Existing Facilities Under Section
316(b) of the Clean Water Act, Phase 3
3263 NPDES Applications Revisions
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
3270 Water Quality Standards for Indian Country Waters
3271 Watershed Rule: Total Maximum Daily Load (TMDL)
Program Revisions
3275 Unregulated Contaminant Monitoring Regulation for Public
Water Systems Revisions
3276 National Primary Drinking Water Regulations.
Groundwater Rule
3277 National Primary Drinking Water Regulations: Long Term
2 Enhanced Surface Water Treatment Rule
3278 National Primary Drinking Water Regulations Stage 2
Disinfection Byproducts Rule
3279 National Primary Drinking Water Regulations. Radon
3280 National Primary Drinking Water Regulations- Aldicarb
3282 National Primary Drinking Water Regulations: Revisions to
the Total Coliform Monitoring and Analytical Requirements and
Additional Distribution System Requirements
Federal
2884 Security Requirements for Toxic Substances Control Act
Confidential Business Information Access for Contractors
2887 Amendment of the Standards for Radioactive Waste
Disposal in Yucca Mountain, Nevada
2888 Project XL Site Specific Rulemaking for the NASA White
Sands Test Facility in Las Cruces, New Mexico (Phases HI-VI)
2890 Cross-Media Electronic Reporting (ER) and Recordkeeping
Rule (CROMERRR)
2891 Privacy Act Regulations (Revised)
2894 Technical Amendments to the Federal Policy for the
Protection of Human Subjects
2895 Project XL Site Specific Rulemaking for NASA White
Sands Test Facility Electronic Reporting in Las Cruces, New
Mexico (Phases I - II)
2896 Utilization of Small, Minority and Women's Business
Enterprises in Procurement Under Assistance Agreements
2897 Public Information and Confidentiality Regulations
2899 Persistent, Bioaccumulative, and Toxic (PBT) Pollutants
Strategy
2900 Revision to Policy on Control of Volatile Organic
Compounds (VOC)
2901 Protection of Stratospheric Ozone' Amendments to the
Section 608 Leak Repair Regulations
2906 General Conformity Regulations, Revisions
2907 Review of New Sources and Modifications in Indian
Country
2908 Clean Air Fine Particle Implementation Rule
2911 NESHAP: Printing and Publishing Industry; Amendments
2917 NESHAP: Shipbuilding and Ship Repair Surface
Coating-Residual Risk Standards
2918 NESHAP. Halogenated Solvent Cleaning-Residual Risk
Standards
2922 National VOC Emission Standards for Consumer Products,
Proposed Amendments
2927 Ambient Air Quality Monitoring Regulations: Revisions
2932 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR). Allowables Plantwide
Applicability Limit (PAL), Aggregation, and Debottlenecking
2933 Section 126 Rule: Withdrawal of Findings for Sources in
Michigan
2941 Control of Emissions From New Locomotives and New
Marine Diesel Engines Less Than 30 Liters per Cylinder
2944 NESHAP: Area Source Standards - Ethylene Oxide
Hospital Sterilization
2955 Flexible Air Permit Rule
2961 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR). Routine Maintenance,
Repair and Replacement (RMRR); Maintenance and Repair
Amendments
2964 NESHAP: General Provisions-Amendments
2968 NESHAP: Defense Land Systems and Miscellaneous
Equipment
2971 Part 63 General Provisions—Response to Petition to
Reconsider
2972 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Reconsideration of
Inclusion of Fugitive Emissions
2973 Federal Implementation Plans 10 Reduce Interstate
Transport of Fine Paniculate Matter and Ozone
2975 Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule
2976 NESHAP: Industrial, Commercial, and Institutional Boilers
and Process Heaters; Reconsideration Notice
2977 Rulemaking on Section 126 Petition From North Carolina
To Reduce Interstate Transport of Fine Particulate Matter and
Ozone
2978 Implementing Periodic Monitoring in Federal and State
Operating Permit Programs
2980 Second Deferral of Effective Date of Nonattainment
Designations for 8-Hour Ozone National Ambient Air Quality
Standards for Early Action Compact Areas
2985 Fuel Economy Labeling of Motor Vehicles: Revisions To
Improve Calculation of Fuel Economy Estimates
2990 Amendment to Subparts H and I for Emissions of
Radionuclides Other Than Radon from DOE Facilities
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
2998 Update of Continuous Instrumental Test Methods
3000 Clean Air Mercury Rule-Electric Utility Steam Generating
Unit MACT
3002 NESHAP- General Provisions; Amendments for Pollution
Prevention Alternative Compliance Requirements
3008 Clean Air Visibility Rule
3010 Adoption of the Amended International NOx Standard for
Aircraft Engines
3016 Clean Air Interstate Rule (Formerly Titled' Interstate Air
Quality Rule)
3017 Clean Air Fine Particle Designs! ions
3023 Exemption of Certain. Area Souices From Federal and State
Operating Permit Programs
3024 Prevention of Significant Deterioration for Nitrogen Oxides
3027 Protection of Stratospheric Ozone: Import Petitioning
Requirements for Halon-1301 Aircraft Fire Extinguishing Vessels
3031 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR) Routine Maintenance,
Repair and Replacement (RMRR) Equipment Replacement
Provision (ERP); Reconsideration
3032 Nonattainment Major New Source Review (NSR)- Final
Rules
3042 PM 2.5 and PM10 Hot-Spot Analyses in Transportation
Conformity Rule Amendments
3043 Transportation Conformity Amendments for the New
PM2.5 NAAQS Standards and PM2 5 Precursors
3047 Protection of Stratospheric Ozone. Process for Exempting
Critical Uses of Methyl Bromide for the 2005 Supplemental
-------
Request
3048 Small Municipal Waste Combustor New Source
Performance Standards and Emission Guidelines Amendments
3052 Accidental Release Prevention Requirements: Risk
Management Programs Under the Clean Air Act, Section
112(rX3); Revisions to the List of Substances
3064 National Emission Standards for Chromium Emissions
From Hard and Decorative Chromium Electroplating and
Chromium Anodizing Tanks- Residual Risk Standards
3074 Inspection/Maintenance Program Requirements for Federal
Facilities, Amendment to the Final Rule
3076 Voluntary Superior Monitoring
3079 NESHAP: Ferroalloys Production. Ferromanganese and
Silicomanganese Residual Risk Standards
3082 NESHAP: Pharmaceuticals Production: Residual Risk
Standards
3100 Phase I (FIP) To Reduce the Regional Transport of Ozone
in the Eastern United States
3102 National Emission Standards for Coke Oven
Batteries—Residual Risk Standards
3108 Revised Permit Revision Procedures for the Federal
Operating Permits Program-Part 71
3110 Federal Implementation Plans for Indian Reservations in
Idaho, Oregon and Washington
3113 Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR). Clean Units
3114 Transportation Conformity Rule Amendments for New
8-Hour Ozone and PM2.5 National Ambient Air Quality
Standards
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
3123 Environmental Radiation Protection Standards for the
Disposal of Low-Activity Mixed Radioactive Waste
3124 Technical Change to Dose Methodology for 40 CFR Part
190, Subpart B and 40 CFR 191, Subpart A
3125 Approaches to an Integrated Framework for Management
and Disposal of Low-Activity Radioactive Waste
3126 Pesticides; Data Requirements for Biochemical and
Microbial Products
3127 Acceptability of Research Using Human Subjects
3129 Pesticides; Procedures for the Registration Review Program
3131 Pesticide Management and Disposal; Standards for
Pesticide Containers and Containment
3132 Groundwater and Pesticide Management Plan Rule
3133 Pesticides; Emergency Exemption Process Revisions
3134 Pesticides; Data Requirements for Conventional Chemicals
3135 Pesticides; Data Requirements for Antimicrobials
3137 Pesticide Tolerance Reassessment Program
3138 Plant Incorporated Protectants (PIPs); Exemption for Those
Based n Viral Coat Proteins
3139 Plant Incorporated Protectants (PIPs); Exemption for Those
Derived Through Genetic Engineering From Sexually Compatible
Plants
3140 Plant Incorporated Protectants (PIPs); Exemption for PIPs
That Act by Primarily Affecting the Plant
3141 Pesticides; Registration Requirements for Antimicrobial
Pesticide Products
3144 Future Testing for Existing Chemicals (Overview Entry)
3147 Test Rule, Certain Chemicals on the ATSDR Priority List
of Hazardous Substances
3151 Polychlorinated Biphenyls (PCBs); Exemption Request
From U.S Maritime Administration (MARAD)
3155 Test Rule, Testing of Certain High Production Volume
(HPV) Chemicals
3158 TSCA Inventory Update Rule Revisions
3159 Significant New Use Rule (SNUR); Certain
Polybrominated Diphenyl Ethers (PBDEs)
3160 Testing Agreement for Perfluorooctanoic Acid (PFOA)
3161 Testing Agreement for Diethanolamine
3162 Testing Agreement for Hydrogen Fluoride
3163 Testing Agreement for Phthalic Anhydride
3165 Testing Agreement for Maleic Anhydride
3166 Asbestos Model Accreditation Plan Revisions
3167 Lead Fishing Sinkers; Response to Citizens Petition and
Proposed Ban
3168 Lead-Based Paint Activities; Training, Accreditation, and
Certification Rule and Model State Plan Rule-Bridges and
Structures
3169 Lead-Based Paint Activities; Abatement Amendments for
Renovation and Remodeling
3171 Polychlorinated Biphenyls (PCBs), Disposal of PCBs,
Implementation Issues
3174 Voluntary Children's Chemical Evaluation Program
(VCCEP)
3175 Test Rule; Hazardous Air Pollutants (HAPs)
3176 Test Rule; Certain Metals
3177 Test Rule; Multiple Substance Rule for the Testing of
Developmental and Reproductive Toxicity
3178 Follow-Up Rules on Existing Chemicals
3180 Voluntary High Production Volume (HPV) Chemical
Challenge Program
3181 TSCA Policy Statement on Oversight of Transgenic
Organisms (Including Plants)
3182 Lead; Amendments to Requirements for Disclosure of
Known Lead-Based Paint or Lead-Based Paint Hazards in Target
Housing
3183 Testing Agreement for Aryl Phosphates (ITC List 2)
3184 Test Rule; Brommated Flame Retardants (BFRs)
3185 Lead; Management and Disposal of Lead-Based Paint
Debris
3187 Lead-Based Paint Activities; Voluntary Program for
Renovation and Remodeling
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
3191 Toxics Release Inventory Reporting Burden Reduction
Rule
3192 TRI; Response to Petition To Delete Chromium, Antimony,
Titanate From the Metal Compound Categories Listed on the
Toxics Release Inventory
3193 TRI, Response to Petition To Add Diisononyl Phthalate to
the Toxics Release Inventory List of Toxic Chemicals
3194 TRI, Response to Petition To Delete Acetomtrile From the
Toxics Release Inventory List of Toxic Chemicals
3195 Change of Toxic Release Inventory (TRI) Reporting
Requirements From Standard Industrial Classification (SIC) Codes
to North American Industrial Classification System (NAICS)
Codes
3200 TRI; Review of Chemicals on the Original TRI List
3201 TRI; Response to Petition to Delete DBNPA from the
Toxics Release Inventory List of Toxic Chemicals
3202 TRI; Revisions to the Otherwise Use Activity Exemptions
and the Coal Extraction Activities Exemption
3203 TRI; Pollution Prevention Act Information Requirements
3204 TRI; Response to Petition To Modify Reporting for
Chrominum, Nickel, and Copper Alloys for Toxics Release
Inventory Metal Compound Categories
3206 Land Disposal Restrictions: Determination of Equivalent
Treatment for Macroencapsulation of Radioactive Lead Solids;
Definition of Macroencapsulation
3208 Revisions for Transboundary Shipments of Hazardous
Waste for Recovery Within the Organization for Economic
Cooperation and Development
3211 Standardized Permit for RCRA Hazardous Waste
-------
Management Facilities
3212 Revisions to the Comprehensive Guideline for Procurement
of Products Containing Recovered Materials
3213 Methods Innovation Rule
3214 Hazardous Waste Manifest Regulation
3215 RCRA Burden Reduction Initiative
3216 Recycling of Cathode Ray Tubes (CRTs): Changes to
Hazardous Waste Regulations
3217 Revision of Wastewater Treatment Exemptions for
Hazardous Waste Mixtures.
3218 NESHAPS: Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors (Phase I Final Replacement
Standards and Phase II)
3219 Hazardous Waste Management System; Modification of the
Hazardous Waste Program: Mercury-Containing Equipment
3221 Project XL Site-Specific Rulemaking for the IBM
Semiconductor Manufacturing Facility in Hopewell Junction, New
York
3222 Management of Cement Kiln Dust (CKD)
3223 Standards for the Management of Coal Combustion Wastes
Generated by Commercial Electric Power Producers
3224 Standards for the Management of Coal Combustion Wastes
- Non-Power Producers and Minefilhng
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
3227 RCRA Burden Reduction Initiative, Phase 2
3228 E-Cycling Pilot Project for Region 3 States (ECOS);
Streamlining RCRA Regulations to Encourage Reuse, Recycling,
and Recovery of Electronic Equipment
3230 Modifications to RCRA Rules Associated With
Solvent-Contaminated Industrial Wipes
3231 Revisions to the Definition of Solid Waste
3232 RCRA Subtitle C Financial Test Criteria (Revision)
3233 Revisions of the Lead-Acid Battery Export Notification and
Consent Requirements
3234 Hazardous Waste Manifest Revisions-Standards and
Procedures for Electronic Manifests
3235 Expanding the Comparable Fuels Exclusion Under RCRA
3236 RCRA Incentives for Performance Track Members
3237 Loading-Based Listing of Non-Wastewaters From the
Production of Selected Organic Dyes, Pigments, and Food, Drug,
and Cosmetic Colorants
3238 Regulatory Incentives for the National Environmental
Performance Track Program
3239 Regulatory Actions Associated With the Notices of Data
Availability on the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3240 Revisions to the Spill Prevention, Control, and
Countermeasures (SPCC) Rule
3241 National Priorities List foi Uncontrolled Hazardous Waste
Sites' Proposed and Final Rules
3244 National Contingency Plan Revisions To Align With the
National Response Plan
3246 Standards and Practices for Conducting All Appropriate
Inquiries
3247 Revise 40 CFR Part 35 Subpart O Cooperative Agreements
and Superfund State Contracts for Superfund Response Actions
3249 Revisions to the National Oil and Hazardous Substances
Pollution Contingency Plan, Subpart J Product Schedule Listing
Requirements
3250 Uniform National Discharge Standards for Vessels of the
Armed Forces—Phase II
3253 Effluent Guidelines for the Iron and Steel Manufacturing
Point Source Category (Revision)
3254 Test Procedures: New and Updated Test Procedures for the
Analysis of Pollutants Under the Clean Water Act and Safe
Drinking Water Act
3255 Streamlining the General Pretreatment Regulations for
Existing and New Sources of Pollution
3257 Effluent Guidelines and Standards for the Pulp, Paper, and
Paperboard Point Source Category, Dissolving Kraft and
Dissolving Sulfite Subcategones (Phase III)
3258 Test Procedures for the Analysis of Trace Metals Under the
Clean Water Act
3259 Test Procedures- Increased Method Flexibility for Test
Procedures Approved for Clean Water Act Compliance
Monitoring
3260 Test Procedures: Performance-Based Measurement System
(PBMS) Procedures and Guidance for Clean Water Act Test
Procedures
3261 Test Procedures for the Analysis of Co-Planar and
Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under
the Clean Water Act
3262 Minimizing Adverse Enviionmental Impact from Cooling
Water Intake Structures at Existing Facilities Under Section
316(b) of the Clean Water Act, Phase 3
3263 NPDES Applications Revisions
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
3266 Effluent Guidelines and Standards' Recodification of
Various Effluent Guidelines
3270 Water Quality Standards for Indian Country Waters
3271 Watershed Rule. Total Maximum Daily Load (TMDL)
Program Revisions
3272 Water Quality Standards for Pathogens and Pathogen
Indicators for Coastal Recreation Waters
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
3275 Unregulated Contaminant Monitoring Regulation for Public
Water Systems Revisions
3276 National Primary Drinking Water Regulations:
Groundwater Rule
3277 National Primary Drinking Water Regulations: Long Term
2 Enhanced Surface Water Treatment Rule
3278 National Primary Drinking Water Regulations. Stage 2
Disinfection Byproducts Rule
3279 National Primary Drinking Water Regulations: Radon
3280 National Primary Drinking Water Regulations: Aldicarb
3282 National Primary Drinking Water Regulations' Revisions to
the Total Coliform Monitoring and Analytical Requirements and
Additional Distribution System Requirements
3284 Underground Injection Control. Update of State Programs
3287 Shore Protection Act, Section 4103(b) Regulations
-------
E. INDEX TO ENTRIES THAT MAY HAVE FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism," signed August 4, 1999 (64 FR432SS) directs agencies to have an accountable
process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have
"federalism implications." This term refers to actions "that have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution of power and responsibilities among the various levels of
government." The following index lists the regulatory actions in this publication that may havefederalism implications. The
Sequence Number (Seq. No.) of the entry identifies the location of the entry in this edition.
130 National Primary Drinking Water
Regulations: Long Term 2 Enhanced
Surface Water Treatment Rule
131 National Primary Drinking Water
Regulations: Stage 2 Disinfection
Byproducts Rule
3097 Response to Petition of Reconsideration
for Findings of Significant Contribution and Rulemaking for
Georgia for Purposes of Reducing Ozone Interstate Transport
3374 Uniform National Discharge Standards for Vessels of the Armed
Forces—Phase II
3404 National Primary Drinking Water Regulations: Radon
------- |