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74478
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL-6876-4
October 2000 Agenda of Regulatory
and Deregulatory Actions
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the Semiannual
Agenda of Regulatory and Deregulatory
Actions to update the public about:
• Regulations currently under
development,
• Reviews of existing regulations, and
• Rulemakings completed or canceled
since the last Agenda.
EPA believes that if the people
affected by rules take part in developing
them, we will produce rules that are
clearer, less costly, and more effective.
TO BE PLACED ON THE AGENDA MAILING
LIST: If you would like to receive copies
of future Agendas, please contact Janice
Ndunguru (1806A), 1200 Pennsylvania
Avenue NW., Washington, DC 20460; or
by e-mail at ndunguru.janice@epa.gov;
or by phone at (202) 564-6572. There is
no charge for the Agenda.
FOR FURTHER INFORMATION CONTACT: We
welcome your comments and
suggestions on how we can improve the
Agenda. If you have questions or
comments about a particular rule, please
get in touch with the agency contact
listed for that rule. If you have general
comments, questions, or suggestions
about the Agenda or about EPA's
rulemaking process, please direct them
to: Philip Schwartz (1806A),
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; phone: (202) 564-6564; e-
mail: schwartz.philip@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
The Rulemaking Process
EPA's Regulatory Philosophy and
Priorities
What Actions Are Included in the
Agenda?
How Is the Agenda Organized?
What Information Is in Agenda
Entries?
What Tools Are Available To Help
Quickly Identify Rules That Are of
Interest to You?
What Particular Attention Do We Give
to the Impacts of Rules on Small
Entities?
How Can You Access Federal
Register Documents via the Internet and
via E-mail?
The Rulemaking Process
Congress has created a number of
requirements that agencies must meet
when they issue regulations. These
requirements are contained in the
Administrative Procedure Act, the
Regulatory Flexibility Act as amended
by the Small Business Regulatory
Enforcement Fairness Act, the
Unfunded Mandates Reform Act, the
Paperwork Reduction Act, the National
Technology Transfer and Advancement
Act, and the Congressional Review Act.
You can find information on many of
these statutes at
http://www.law.cornell.edu/uscode/.
President Clinton has also ordered
that we meet a number of requirements
when we issue regulations. Of particular
significance for EPA rulemakings are
Executive Orders 12866 (Regulatory
Planning and Review), 13045
(Children's Health Protection), 13084
(Consultation and Coordination with
Indian Tribal Governments), and 13132
(Federalism). You can find information
on these and other Executive orders at
http://www.pub.whitehouse.gov/
search/executive- orders.html.
We encourage you to take part in the
rulemaking process to make your views
known and help us craft rules that:
• Protect human health,
• Preserve and enhance the
environment, and
• Meet environmental goals without
being unnecessarily burdensome.
In addition to contacting the expert
responsible for developing a particular
rule, you can also comment on proposed
rules that we publish in the Federal
Register. Once we have proposed a rule,
we will consider your comments and
address them before issuing a final rule.
To be most effective, comments should
contain persuasive information and data
that support your position, and you
should also explain why we should
incorporate your suggestion in the final
rule. You can be particularly helpful
and persuasive if you provide examples
to illustrate your concerns and offer
specific alternatives.
The Agenda also includes some of our
more important guidance documents.
While these documents are not legally
binding on EPA or outside parties, they
will guide our thinking in major policy
areas. We invite you to take part in
developing these documents.
EPA's Regulatory Philosophy and
Priorities
We will only issue such regulations as
are required by law, are necessary to
interpret the law, or are made necessary
by compelling public need, such as
failures of private markets to protect or
improve the health and safety of the
public, the environment, or the
wellbeing of the American people. In
deciding whether and how to regulate,
we assess costs and benefits of available
regulatory alternatives, including the
alternative of not regulating. Costs and
benefits are understood to include both
quantifiable measures (to the fullest
extent that these can be usefully
estimated) and qualitative measures of
costs and benefits that are difficult to
quantify, but nevertheless essential to
consider. Further, in choosing among
alternative regulatory approaches, we
will select those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity), unless a statute requires another
regulatory approach.
Much of the success over the last 30
years in cleaning up the Nation's water,
air, and land is attributable to the
system of Federal and State regulation
that has directed and coordinated
private investment in pollution control
and prevention. While regulation will
remain at the core of American
environmental policy in the foreseeable
future, we have learned that we cannot
consider ourselves merely a regulatory
agency if we are to be what the public
expects and requires, the principal
administrator for environmental
protection in our society. Instead, in the
twenty-first century EPA must
increasingly act as an innovator,
educator, and leader in administering a
broad set of new tools — including new
methods to design and administer
regulations — that engage all segments
of our society in responsive behaviors
that protect the environment while
promoting appropriate economic
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74479
EPA
growth. EPA has vigorously responded
to the President and Vice President's
call for a government that works better
and costs less. We are emphasizing:
• Cheaper, cleaner, and smarter
regulations
• Enhancing our partnerships with
States, tribes and industry to place
decisionmaking responsibility where
it will best balance the twin goals of
national consistency and local
responsiveness, and
• Expanding the power of individuals
to recognize and respond to
environmental challenges in their
own communities
To learn more about what we are
accomplishing in these areas please
refer to the "Statement of Regulatory
and Deregulatory Priorities" contained
in EPA's 2000 Regulatory Plan in part II
of today's Federal Register.
What Actions Are Included in the
Agenda?
EPA includes regulations and certain
major policy documents in the Agenda.
We do not generally include minor
amendments or the following categories
of actions in the Agenda:
• Under the Clean Air Act: Revisions to
State Implementation Plans;
Equivalent Methods for Ambient Air
Quality Monitoring; Deletions from
the New Source Performance
Standards source categories list;
Delegations of Authority to States;
Area Designations for Air Quality
Planning Purposes.
• Under the Federal Insecticide,
Fungicide, and Rodenticide Act:
Actions regarding pesticide tolerances
and food additive regulations;
decision documents defining and
establishing registration standards;
decision documents and termination
decisions for the Special Review
Registration process; and data call-in
requests made under section
3(c)(2)(B).
• Under the Resource Conservation and
Recovery Act: Authorization of State
solid waste management plans;
hazardous waste delisting petitions.
• Under the Clean Water Act: State
Water Quality Standards; Deletions
from the section 307(a) list of toxic
pollutants; Suspensions of toxic
testing requirements under the
National Pollutant Discharge
Elimination System (NPDES);
Delegations of NPDES authority to
States.
• Under the Safe Drinking Water Act:
Actions on State underground
injection control programs.
The Office of Management and Budget
has exempted most of these actions from
the Executive Order 12866 review
procedures. There is no legal
significance to the omission of an item
from the Agenda.
How Is the Agenda Organized?
We have organized the Agenda:
• First, by the law that would authorize
a particular regulation;
• Second, by the current stage of
development (proposal, final, etc.);
and
• Third, by the section number of the
statute which requires or authorizes
the rule.
The following 13 sections deal with
12 laws that EPA administers and a
thirteenth broader section called
"General" that includes cross-cutting
actions, such as rules authorized by
multiple statutes and general
acquisition rules:
1. General
2. The Clean Air Act (CAA)
3. The Atomic Energy Act (AEA)
4. The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA)
5. The Toxic Substances Control Act
(TSCA)
6. The Emergency Planning and
Community Right-to-Know Act (EPCRA)
7. Chemical Safety Information, Site
Security and Fuels Regulatory Relief Act
8. The Resource Conservation and
Recovery Act (RCRA)
9. The Oil Pollution Act (OPA)
10. The Comprehensive
Environmental Response,
Compensation, and Liability Act
Superfund (CERCLA)
11. The Clean Water Act (CWA)
12. The Safe Drinking Water Act
(SDWA)
13. The Shore Protection Act (SPA)
In each of these 13 sections, there are
up to 5 headings covering the following
stages of rulemaking:
1. Prerulemakings - Prerulemaking
actions are intended to determine
whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations required
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 Rules - This section
includes EPA rulemaking actions that
are within a year of proposal
(publication of Notices of Proposed
Rulemakings (NPRMs).
3. Final Rules - This section includes
rules that are within a year of final
promulgation.
4. Long-Term Actions - This section
includes rulemakings for which the next
scheduled regulatory action is after
September 2001.
5. Completed Actions - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the April 2000 Agenda. It also includes
actions that we are no longer
considering. If an action appears in the
completed section, it will not appear in
future Agendas unless we decide to
initiate action again, in which case it
will appear as a new entry. EPA also
announces the results of our Regulatory
Flexibility Act section 610 reviews in
this section of the Agenda.
What Information Is in Agenda Entries?
Agenda entries include the following
information, where applicable:
Sequence Number: This indicates
where the entry appears in the Agenda.
Title: Titles for new entries (those that
haven't appeared in previous Agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (5 U.S.C.
610).
Priority: Entries are placed into one of
five categories described below.
Economically Significant: As defined
in Executive Order 12866, a rulemaking
action that will have an annual effect on
the economy of $100 million or more or
will adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
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74480 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
communities. OMB reviews all
economically significant rules under
Executive Order 12866.
Other Significant: A rulemaking that
is not economically significant but is
considered significant by the agency.
This category includes rules that are an
EPA priority and rules that EPA
anticipates will be reviewed by the
Office of Management and Budget under
Executive Order 12866 because they are
likely to:
• create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
• materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs or the rights or
obligations of recipients; or
• raise novel legal or policy issues.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is neither Significant, nor Routine
and Frequent, nor
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a multiple
recurring application of a regulatory
program in the Code of Federal
Regulations and that does not alter the
body of the regulation.
Informational/Administrative/Other:
A rulemaking that is primarily
informational or pertains to agency
matters not central to accomplishing the
agency's regulatory mandate but that the
agency places in the Agenda to inform
the public of the activity.
Also, if we believe that a rule may be
"major" as defined in the congressional
review provisions of the Small Business
Regulatory Enforcement Fairness Act
(SBREFAJ (5 U.S.C. 801; Public Law
104-121) because it is likely to result in
an annual effect on the economy of $100
million or more or meets other criteria
specified in this law, we indicate this
under the "Priority" heading with the
statement "Major under 5 U.S.C. 801."
Legal Authority: The sections of the
United States Code (U.S.C.), Public Law
(P.L.), Executive Order (E.O.), or
common name of the law that
authorizes the regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that will be
affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the regulation will address; the
need for a Federal solution; to the extent
available, the alternatives that the
agency is considering to address the
problem; and the potential advantages
and disadvantages of the action.
Timetable: The dates (and citations)
that documents for this action were
published in the Federal Register and,
where possible, a projected date for the
next step. Projected publication dates
frequently change during the course of
a rule development. The projections in
the Agenda are our best estimates as of
the date we submit the Agenda for
publication. For some entries, the
timetable indicates that the date of the
next action is "to be determined."
Regulatory Flexibility Analysis
Required: Indicates whether EPA has
prepared or anticipates that it will be
preparing a regulatory flexibility
analysis under section 603 or 604 of the
Regulatory Flexibility Act. Generally,
such an analysis is required for
proposed or final rules that EPA
believes may have a significant
economic impact on a substantial
number of small entities.
Small Entities Affected: Indicates
whether we expect the rule to have any
effect on small entities.
Government Levels Affected:
Indicates whether we expect the rule to
have any effect on levels of government
and, if so, whether the governments are
State, local, tribal, or Federal.
Federalism Implications: Indicates
whether the action is expected to have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates: Section 202 of
the Unfunded Mandates Reform Act
requires an assessment of anticipated
costs and benefits if a rule includes a
mandate that may result in expenditures
of more than $100 million in any 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.
Reinventing Government: If an action
is part of the President's Reinventing
Government Initiative, we indicate it in
this section.
Agency Contact: The name, address,
phone number, and e-mail address, if
available, of a person who is
knowledgeable about the regulation.
SAN Number: A code number that
EPA uses to identify and track
rulemakings.
RIN: The Regulatory Identifier
Number is used by OMB to identify and
track rulemakings.
What Tools Are Available To Help
Quickly Identify Rules That Are of
Interest to You?
The Regulatory Information Service
Center (RISC), The Government Printing
Office (GPO), and the EPA have created
a number of finding aids to help identify
actions that are of interest to you.
For Rules That Directly Effect a
Particular Industry: See Appendix F
"Environmental Protection Agency
Subject Index to the Unified Agenda." If
you have access to the Internet, use
GPO's search engine at
http://www.access.gpo.gov/
su docs/aces/aaces002.html and select
"Unified Agenda (2000)." If you include
"Environmental Protection Agency"
among the search terms, your results
will be more limited to EPA actions.
You can also use your browser "Find"
function (which is located under "Edit")
on RISC's online version of the
Agenda's table of contents at
http://ciir.cs.umass.edu/ua/
October2000/tables/table-19.html. In
Netscape this function is called "Find in
Page" and Internet Explorer it is called
"Find on Page." The RISC site just
searches the EPA Agenda, so it is
generally faster than the GPO site.
For Rules With Economic Impacts
Over $100 Million: Rules with an
annual cost of $100 million or more are
classified as economically significant.
All of the economically significant rules
that we expect to issue through
September 2001 are included in The
Regulatory Plan (along with certain
other high priority rules that will cost
less than $100 million per year). In the
Table of Contents of this Agenda, all of
The Regulatory Plan rules are
highlighted in bold. The Regulatory
Plan is published in part n of the same
issue of the Federal Register in which
we publish the Agenda. For each of the
actions that we have included in The
Regulatory Plan, we have included
information on the risks, the alternatives
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74481
EPA
under consideration, and the costs and
benefits. We have four other
economically significant rules (2060-
AI99, 2060-AI44, 2060-AG99, 2060-
AG69) included in the Long-Term
Actions sections of the Clean Air Act
rules and one (2040-AB79) in the Long-
Term section of the Clean Water Act
rules which are not in The Regulatory
Plan because we expect to issue them
after September of 2001.
For Rules With Impacts on Small
Businesses, Small Governments, and
Small Organizations: Go to Appendix B
following this Agenda for the lists of the
rules that we expect will have a
significant impact on a substantial
number of these small entities. These
lists are also available on the Internet.
The small businesses list is at
http://ciir.cs.umass.edu/ua/
October2000/entities/sm index-2.html.
The small governments list is at
http://ciir.cs.umass.edu/ua/
October2000/entities/sm index-3.html.
And the small organizations list is at
http://ciir.cs.umass.edu/ua/
October2000/entities/sm index-4.html.
For rules that we expect will have
some impact on some small entities but
less than a significant impact on a
substantial number of them, see
Appendix C to this Agenda, "Index to
Entries That May Affect Small Entities
When a Regulatory Flexibility Analysis
Is Not Required." This list is available
on the Internet at
http://ciir.cs.umass.edu/ua/
October2000/entities/smgov-5.html.
For Rules With Impacts on State,
Local, or Tribal Governments, or Other
Federal Agencies: See Appendix D to
this Agenda, "Index to Entries That May
Affect Government Levels." This list is
available on the Internet at
http://ciir.cs.umass.edu/ua/
October2000/entities/smgov-8.html.
What Particular Attention Do We Give
to the Impacts of Rules on Small
Entities?
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
orgainzations, and govermental
jurisdictions subject to the regulation.
For Rules Under Development
Expected To Have Some Impact on
Small Entities, but Not a Significant
Impact on a Substantial Number
In the "Small Entities Affected"
section, we indicate whether we expect
an action will have an impact on small
businesses, governments, or nonprofit
organizations, but one which is less
than a significant impact on a
substantial number. In the second index
at the end of the Agenda, we list all
actions that we believe will not have a
significant impact on a substantial
number of small entities but which will
have some impact on small entities.
Regulatory Flexibility Act
Considerations: For Rules Expected To
Have a Significant Impact on a
Substantial Number of Small Entities
The Regulatory Flexibility Act (RFA)
as amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA) requires that we pay
particular attention to the impact of
regulations on small entities (i.e., small
businesses, small governmental
jurisdictions, and small nonprofit
organizations). The RFA/SBREFA
applies to rules we are now developing
and requires us to:
1. Convene a Small Business Advocacy
Review (SBAR) Panel prior to
proposing any rule with the potential
to impose a significant economic
impact on a substantial number of
small entities (RFA section 609].
SBREFA also established the EPA's
Small Business Advocacy Chair who
chairs each SBAR Panel. A SBAR
Panel has four members: The Chair,
the Chief Counsel for Advocacy of the
Small Business Administration, the
Administrator of the Office of
Information and Regulatory Affairs
within the Office of Management and
Budget, and a senior manager from
the EPA program office responsible
for the subject rule. In the case of
rules requiring a SBAR Panel, the
Agency's small entity outreach prior
to the convening of a Panel
culminates in the development of a
summary document that contains
information on the potential impact of
a proposed rule on small entities, and
particularly on the issues referenced
in RFA section 609. This summary
then serves as the basis for convening
the Panel. The Panel then conducts its
review, carries out its own small
entity outreach, and prepares a final
report based on the comments from
the small entity representatives and
the Panel's deliberations. The Panel's
final report is provided to the EPA
Administrator and is made a part of
the rulemaking record. Rules listed in
the second appendix at the end of the
Agenda may require Small Business
Advocacy Review Panels.
2. At the proposed and final rule stages
of rule development, the Agency must
prepare a regulatory flexibility
analysis for any rule subject to notice
and comment rulemaking
requirements (RFA sections 603 and
604), unless the Administrator
certifies that the rule will not have a
"significant economic impact on a
substantial number of small entities"
(RFA section 605). A regulatory
flexibility analysis must, among other
items specified in the RFA, identify
the extent to which small entities will
be subject to the rule's requirements
and describe any significant
alternatives to the rule that
accomplish the objectives of
applicable statutes and which
minimize any significant economic
impacts on small entities. We have
listed in the second index at the end
of the Agenda all rules under
development that may require a
regulatory flexibility analysis. 3. RFA
section 610 requires that an agency
review within 10 years of
promulgation those regulations that
have or will have a significant
economic impact on a substantial
number of small entities. We
undertake these reviews to decide
whether we should continue the rule
unchanged, amend it, or withdraw it.
We announce our forthcoming 610
reviews in the "Prerule" section of the
Agenda. We encourage small entities
to provide comments on the need to
change these rules. We will consider
all of your comments as we decide
whether to continue, amend, or
withdraw these rules. We particularly
encourage comments by small entities
about how rules could be made
clearer, more effective, or remove
conflicting or overlapping
requirements with other Federal or
State regulations. Please direct your
comments to the contact person listed
in the Agenda entry. If you have
general questions about our 610
review program or suggestions for
other rules we should review under
section 610, please contact Philip
Schwartz (1806A), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460;
fax: (202) 564-6564, e-mail:
schwartz.philip@epa.gov.
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EPA
How Can You Access Federal Register
Documents via the Internet and E-mail?
Like many organizations in the public
and private sector, EPA is harnessing
the power of the Internet to meet the
needs of those we serve. The EPA Web
site offers more than 100,000 files
online.
If you want to get automatic e-mails
about areas of particular interest as they
appear in the Federal Register (FR), we
maintain 12 collections including: air;
water; wastes and emergency response;
pesticides; toxic substances; right-to-
know and toxic release inventory;
environmental impacts; endangered
species; meetings; the Science Advisory
Board; daily full-text notices with page
numbers; and general information. For
more information and to subscribe via
our FR Web site, visit:
http://www.epa.gov/fedrgstr/
subscribe.htm. If you have e-mail
without full Internet access, please send
an e-mail to envsubset@epa.gov to
request instructions for subscribing to
the EPA Federal Register listservers.
Several Web sites allow access to the
full text of Federal Register documents.
• The Government Printing Office site
has a number of databases online
including the Unified Agenda and the
Federal Register going back to 1994.
This site is the official source for the
electronic Federal Register. It
provides public access via telnet,
Internet, and dial-up connection and
is located at
http://www.access.gpo.gov/su docs/
aces/aaces002.html.
• EPA'ssite
(http://www.epa.gov/fedrgstr/) has
environmental rules issued by EPA
and other Federal agencies dating
back to October 1994 and lets you
search by date, page citation or
keyword. It includes links to the
GENERAL—Proposed Rule Stage
Regulatory Information Service Center
and Government Printing Office sites.
• The Regulatory Information Service
Center of the General Services
Administration maintains a site to
help users who want to find
information about Federal, State, and
local regulations at
http://www.reginfo.gov/. This site
includes all agencies' regulatory
agendas and regulatory plans going
back to October 1995.
In the "Additional Information"
section of many of the entries in this
Agenda we include the Internet address
for documents that we have already
published as part of the rulemaking.
The October 2000 EPA Agenda
follows.
Dated: September 15, 2000.
Richard T. Farrell,
Associate Administrator, Office of Policy,
Economics, and Innovation.
Sequence
Number
Title
Regulation
Identification
Number
3462
3463
3464
3465
3466
3467
3468
3469
3470
3471
3472
3473
3474
3475
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in Procurement Under Assistance
Agreements
SAN No. 4191 Revision to EPAAR 1552.211-73, Level of Effort
SAN No. 4226 Incorporating Informal Clauses (EP) Into the EPAAR
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 3876 Incrementally Funding Fixed Price Contracts
SAN No. 3817 Implementation of Changes to 40 CFR Part 32
SAN No. 4021 Nondiscrimination on the Basis of Sex in Educational Programs Receiving Federal Assistance
SAN No. 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No. 3240 Public Information and Confidentiality Regulations
SAN No. 4180 Rewriting of EPA Regulations Implementing the Freedom of Information Act
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (Reg Plan Seq No. 130)
SAN No. 4351 Warrants for On-Scene Coordinators
SAN No. 4397 Contractor Diversity Clause
SAN No. 4473 Regulatory Incentives for the National Environmental Achievement Track Program (Reg Plan Seq
No. 109)
2020-AA39
2030-AA64
2030-AA66
2030-AA67
2030-AA50
2030-AA48
2020-AA36
2020-AA42
2025-AA02
2025-AA04
2025-AA07
2030-AA68
2030-AA70
2090-AA13
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
GENERAL—Final Rule Stage
Sequence
Number
3476
3477
3478
3479
3480
3481
Title
SAN No. 3736 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (State) Grant Reg-
ulation (Reg Plan Seq No. 131)
SAN No. 4128 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (Tribal) Grant
Rule (Reg Plan Seq No. 132)
SAN No. 4187 EPAAR Coverage on Local Hiring and Training
SAN No. 3580 Incorporation of Class Deviations Into EPAAR
SAN No. 3629 EPA Mentor-Protege Program
SAN No. 3874 Deletion of EPA Acquisition Regulations for Quality Systems for Environmental Proorams
Regulation
Identification
Number
2030-AA55
2030-AA56
2030-AA62
2030-AA37
2030-AA40
2030-AA51
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74483
EPA
GENERAL—Final Rule Stage (Continued)
Sequence
Number
3482
3483
3484
3485
3486
3487
Title
SAN No. 3807 Consolidation of Good Laboratory Practice Standards (GLPS) Regulations Currently Under TSCA
and FIFRA Into One Rule ... . . ....
SAN No 3933 Environmental Impact Assessment of Nongovernmental Activities in Antarctica
SAN No 4185 Electronic Funds Transfer
SAN No 4396 Business Ownership Representation
SAN No 4400 Administrative Corrections to EPAAR 1515 Contracting By Negotiation
SAN No. 3671 Guidelines for Carcinogen Risk Assessment
Regulation
Identification
Number
2020-AA26
2020-AA34
2030-AA57
2030-AA69
2030-AA73
2080-AA06
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
GENERAL—Long-Term Actions
Sequence
Number
3488
Title
SAN No 4427 Report on PM2 5 Federal Reference Method Field Study
Regulation
Identification
Number
2080-AA09
GENERAL—Completed Actions
Sequence
Number
3489
3490
3491
3492
3493
3494
Title
SAN No 3240 Public Information and Confidentiality Regulations
SAN No 4180 Rewriting of EPA Regulations Implementing the Freedom of Information Act
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule ..
SAN No 4398 Display of EPA Office of Inspector General Hotline Poster
SAN No 4399 Ratification and Debarment/Suspension Procedures, EPAAR 1509.4
SAN No 4401 Revision to Award Fee Clauses 1552 216-70 and 1552 216-75
Regulation
Identification
Number
2020-AA21
2020-AA40
2020-AA41
2030-AA71
2030-AA72
2030-AA74
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
3495
3496
3497
3498
3499
3500
3501
3502
3503
3504
3505
3506
3507
3508
3509
3510
3511
3512
3513
3514
3515
Title
SAN No 3259 New Source Review (NSR) Improvement (Reg Plan Seq No. 111) ..
SAN No 3263 Performance Warranty and Inspection/Maintenance Test Procedures
SAN No 3262 Inspection/Maintenance Recall Requirements
SAN No. 3407 Method 301: Field Validation of Pollution Measurement Methods for Various Media; Revisions
SAN No 3412 Operating Permits- Revisions (Part 70) (Reg Plan Seq No. 112)
SAN No 3649 Amendments to Method 24 (Water-Based Coatings)
SAN No 3741 Service Information Availability . .
SAN No 3820 NESHAP' Plywood and Composite Wood Products (Reg Plan Seq No 113)
SAN No 3970 NESHAP- Cellulose Production Manufacturing
SAN No 3969 NESHAP' Municipal Solid Waste Landfills
SAN No 391 7 Transportation Conformity Rule Amendment' Clarification of Trading Provisions
SAN No 3910 Streamlined Evaporative Test Procedures .
SAN No 3975 Review of Minor New Sources and Modifications in Indian Country
SAN No 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas
SAN No 4022 NESHAP' Coke Ovens' Pushing Quenching and Battery Stacks
SAN No. 4045 Rulemaking To Modify the List of Source Categories From Which Fugitive Emissions Are Consid-
ered in Major Source Determinations
SAN No. 4120 Protection of Stratospheric Ozone: Allowance System for Controlling HCFC Production, Import &
Export
SAN No 41 1 1 NESHAP- Fumed Silica Production . .
SAN No 4104 NESHAP' Hydrochloric Acid Production Industry
SAN No 4107 NESHAP' Asphalt/Coal Tar Application on Metal Pipes
SAN No. 4113 NESHAP: Clav Minerals Processina
Regulation
Identification
Number
2060-AE11
2060-AE20
2060-AE22
2060-AFOO
2060-AF70
2060-AF72
2060-AG13
2060-AG52
2060-AH11
2060-AH13
2060-AH31
2060-AH34
2060-AH37
2060-AH53
2060-AH55
2060-AH58
2060-AH67
2060-AH72
2060-AH75
2060-AH78
2060-AH79
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74484
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
3516
3517
3518
3519
3520
3521
3522
3523
3524
3525
3526
3527
3528
3529
3530
3531
3532
3533
3534
3535
3536
3537
3538
3539
3540
3541
3542
3543
3544
3545
3546
3547
3548
3549
3550
3551
3552
3553
3554
3555
3556
3557
3558
3559
3560
3561
3562
3563
Title
SAN No. 4114 NESHAP: Polyvinyl Chloride and CoPolymers Production
SAN No. 4098 NESHAP: Uranium Hexafluoride Production
SAN No. 4119 Performance Specification 16 - Specifications and Test Procedures for Predictive Emission Mon-
itoring Systems in Stationary Sources
SAN No. 4003 Technical Change To Dose Methodology for 40 CFR 191, Subpart A
SAN No. 4333 Decision on a Petition From the Territory of American Samoa To Be Exempted From the Gasoline
Anti-Dumping Regulations
SAN No. 4464 Rulemaking on Section 126 Petitions From New York and Connecticut Regarding Sources in
Michigan
SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) (Reg Plan Seq No. 110) .
SAN No. 3656 NESHAP: Reciprocating Internal Combustion Engine (Reg Plan Seq No. 114)
SAN No. 3657 NESHAP: Combustion Turbine (Reg Plan Seq No. 115)
SAN No. 3343 NESHAP: Iron Foundries and Steel Foundries . . ..
SAN No. 3346 NESHAP' Integrated Iron and Steel
SAN No. 3326 NESHAP: Reinforced Plastic Composites Production
SAN No. 3452 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manu-
facturing and Miscellaneous Coating Manufacturing
SAN No. 3449 NESHAP: Chlorine Production
SAN No. 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63
SAN No. 3746 NESHAP- Paint Stripping Operations
SAN No. 3749 NESHAP' Tire Manufacturing .
SAN No. 3754 Petroleum Solvent Dry Cleaners Maximum Achievable Control Technology (MACT) Standard . ...
SAN No. 3823 NESHAP: Large Appliance (Surface Coating)
SAN No. 3825 NESHAP: Miscellaneous Metal Parts and Products (Surface Coating)
SAN No. 3655 NESHAP: Asphalt Roofing and Processing
SAN No. 3652 NESHAP: Refractories Manufacturing
SAN No. 3837 NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters (Reg Plan Seq No.
116)
SAN No. 3651 NESHAP: Lime Manufacturing
SAN No. 3902 NESHAP: Semiconductor Production
SAN No. 3906 NESHAP: Metal Can (Surface Coating) Industry
SAN No. 3909 NESHAP' Fabric Printing Coating and Dyeing
SAN No. 3907 NESHAP: Automobile and Light-Duty Truck Manufacturing (Surface Coating)
SAN No. 3924 NESHAP: Primary Magnesium Refining
SAN No. 2841 NESHAP: Chromium Electroplating Amendment
SAN No. 3968 NESHAP: Site Remediation
SAN No. 3964 NESHAP: Leather Finishing Operations
SAN No. 3972 NESHAP: Rocket Engine Test Firing
SAN No. 3971 NESHAP: Organic Liquids Distribution (Non-Gasoline)
SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71 Regarding the Provisions for Determining Potential To
Emit
SAN No. 4455 NESHAP: Amino/Phenolic Resins Amendment .. .
SAN No. 3824 Metal Furniture (Surface Coating) NESHAP
SAN No. 3826 Plastic Parts (Surface Coating) NESHAP
SAN No. 3904 NESHAP: Wood Building Products (Surface Coating)
SAN No. 3139 Location of Selective Enforcement Audits of Foreign Manufactured Vehicles and Engines; Amend-
ment
SAN No. 3979 Review of Federal Test Procedures for Emissions From Motor Vehicles; Test Procedure Adjust-
ments to Fuel Economy and Emission Test Results
SAN No. 3673 Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales Restriction
SAN No. 3827 Paper and Other Web Coating NESHAP
SAN No. 4385 Amendments to Vehicle Inspection Maintenance Program Requirements Implementing the On-
board Diagnostic Check; Proposed Amendment to the Final Rule
SAN No. 4105 NESHAP: Generic MACT for Carbon Black Ethylene, Cynaide and Spandex
SAN No. 4115 NESHAP: Chromium Electroplating Amendment
SAN No. 4110 NESHAP: Alumina Processing
SAN No. 4154 Control of Emissions From Nonroad Spark-Ignition Engines Rated Over 19 kW and New Land-
Based Recreational Spark-Ignition Engines
Regulation
Identification
Number
2060-AH82
2060-AH83
2060-AH84
2060-AH90
2060-AI60
2060-AJ36
2060-AA61
2060-AG63
2060-AG67
2060-AE43
2060-AE48
2060-AE79
2060-AE82
2060-AE85
2060-AF31
2060-AG26
2060-AG29
2060-AG34
2060-AG54
2060-AG56
2060-AG66
2060-AG68
2060-AG69
2060-AG72
2060-AG93
2060-AG96
2060-AG98
2060-AG99
2060-AH03
2060-AH08
2060-AH12
2060-AH17
2060-AH35
2060-AH41
2060-AI01
2060-AJ32
2060-AG55
2060-AG57
2060-AH02
2060-AD90
2060-AH38
2060-AG20
2060-AG58
2060-AJ03
2060-AH68
2060-AH69
2060-AH70
2060-AI11
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EPA
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74485
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3564 SAN No. 4251 Control of Emissions of Air Pollution From New Compression-Ignition and Spark-Ignition Rec-
reational Marine Engines 2060-AI36
3565 SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and Preshipment Methyl
Bromide and Trade Ban With Non-Parties to the Montreal Protocol 2060-AI42
3566 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3567 SAN No. 4255 Review of the National Ambient Air Quality Standards for Paniculate Matter (Reg Plan Seq No.
117) 2060-AI44
3568 SAN No. 4340 Transportation Conformity Amendments: Response to March 2, 1999, Court Decision (Reg Plan
Seq No. 118) 2060-AI56
3569 SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments 2060-AI62
3570 SAN No. 4316 NESHAP for Ethylene Oxide Commercial Sterilization Operations-Monitoring Amendments 2060-AI64
3571 SAN No. 4310 NESHAP for the Printing and Publishing Industry; Amendments 2060-AI66
3572 SAN No. 4325 NESHAP: Brick, Structural Clay Products, and Clay Ceramics Manufacturing 2060-AI67
3573 SAN No. 4343 NESHAP: Clay Ceramics Manufacturing 2060-AI68
3574 SAN No. 4313 Petitions To Delist Hazardous Air Pollutants (e.g., MEK, EGBE, Methanol, and MIBK) From Sec-
tion 112(b)(1) of the Clean Air Act 2060-AI72
3575 SAN No. 4144 NESHAP: Engine Test Facilities 2060-AI74
3576 SAN No. 4346 NESHAP: Lightweight Aggregate Manufacturing 2060-AI75
3577 SAN No. 4304 National Ambient Air Quality Standard for Ozone - Corrections Notice 2060-AI95
3578 SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
Particulate Matter as PM2.5 2060-AI96
3579 SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
3580 SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE) 2060-AJOO
3581 SAN No. 4380 NESHAP: Taconite Iron Ore Processing Industry 2060-AJ02
3582 SAN No. 4417 Removal of Aluminum Die Casting and Aluminum Foundries From the Secondary Aluminum
NESHAP and Applicability Stay for These Industries 2060-AJ11
3583 SAN No. 4390 New Source Review (NSR) Improvement: Utility Sector Offramp Program 2060-AJ14
3584 SAN No. 4433 Rulemaking for Purposes of Reducing Interstate Ozone Transport: Response to March 3, 2000
Decision of the United States Court of Appeals for the District of Columbia Circuit 2060-AJ16
3585 SAN No. 4460 NESHAP for Friction Products Manufacturing Industry 2060-AJ18
3586 SAN No. 4449 NESHAP for Flexible Polyurethane Foam Fabrication Operations 2060-AJ19
3587 SAN No. 4466 Rulemakings for the Purpose of Reducing Interstate Ozone Transport (Reg Plan Seq No. 119) 2060-AJ20
3588 SAN No. 4415 Petitions to Delist Source Categories From the Source Category List, Developed Pursuant to Sec-
tion 112(c) of the Clean Air Act 2060-AJ23
3589 SAN No. 4416 Revision to the Source Category Listing for Section 112(d)(2) Rulemaking Pursuant to Section
112(c)(6) Requirements 2060-AJ24
3590 SAN No. 4421 Revising Regulations on Ambient Air Quality Monitoring 2060-AJ25
3591 SAN No. 4426 Clarification to Existing Part 63 NESHAP Delegations' Provisions 2060-AJ26
3592 SAN No. 4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production
and Consumption 2060-AJ27
3593 SAN No. 4441 Federal Plan for Commercial and Industrial Solid Waste Incineration Units 2060-AJ28
3594 SAN No. 4448 Revisions to Part 97 Federal NOx Budget Trading Program Allowance Allocation Method and Part
75 Output and Emissions Monitoring Provisions 2060-AJ30
3595 SAN No. 4450 Guidelines for Best Available Retrofit Technology (BART) 2060-AJ31
3596 SAN No. 4456 Stratospheric Ozone Protection: Allocation of Essential Use Allowances for Calendar Year 2001 ... 2060-AJ33
3597 SAN No. 4457 NESHAP: Pesticides Active Ingredients—Amendments 2060-AJ34
3598 SAN No. 4468 National Air Toxics Program: Integrated Strategy, Report to Congress 2060-AJ38
3599 SAN No. 4471 Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation's Facility in Big Island, Vir-
ginia 2060-AJ39
3600 SAN No. 4336 Amendments to NESHAP: Off-Site Waste and Recovery Operations 2060-AJ40
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
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74486
Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3601 SAN No. 3569 Source Specific Federal Implementation Plan for Navajo Generating Station; Four Comers Power
Plant 2009-AA01
3602 SAN No. 3380 NSPS: Synthetic Organic Chemicals Manufacturing Industry - Wastewater (FINAL) and Amend, to
Appendix C of Part 63 and Appendix J of Part 60 2060-AE94
3603 SAN No. 3549 NESHAP: Petroleum Refineries; Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Re-
covery Units 2060-AF28
3604 SAN No. 3553 Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations (Reg Plan Seq No. 133) 2060-AF34
3605 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060-AF83
3606 SAN No. 3568 Environmental Radiation Protection Standards for Yucca Mountain, Nevada (Reg Plan Seq No.
134) 2060-AG14
3607 SAN No. 3743 Amendments for Testing and Monitoring Provisions to Part 60, Part 61, and Part 63 2060-AG21
3608 SAN No. 3748 Consolidated Federal Air Rule for the Synthetic Organic Chemical Manufacturing Industry (Reg
Plan Seq No. 135) 2060-AG28
3609 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
3610 SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR Part 51 (Method 203) 2060-AH23
3611 SAN No. 3986 Consolidated Emissions Reporting Rule 2060-AH25
3612 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
3613 SAN No. 4123 NESHAP: Pulp and Paper Production; Amendments to the Promulgated Rule 2060-AH74
3614 SAN No. 4103 NESHAP: Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Industry
(SOCMI) & Other Processes Subject to the Negotiated Regulation for Equipment Leaks 2060-AH81
3615 SAN No. 4096 Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the
Eastern United States 2060-AH87
3616 SAN No. 4082 NESHAP: Wet-Formed Fiberglass Mat Production 2060-AH89
3617 SAN No. 4077 Protection of Stratospheric Ozone: Reconsideration on the 610 Nonessential Products Ban 2060-AH99
3618 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate .. 2060-AI45
3619 SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models) 2060-AF01
3620 SAN No. 3304 NESHAP: Phosphate Fertilizers Production 2060-AE44
3621 SAN No. 3340 NESHAP: Primary Copper Smelting 2060-AE46
3622 SAN No. 3550 NESHAP: Manufacturing of Nutritional Yeast 2060-AF30
3623 SAN No. 3747 NESHAP: Boat Manufacturing 2060-AG27
3624 SAN No. 3829 Revisions to the Regulation for Approval of State Programs and Delegation of Federal Authorities
112(1) 2060-AG60
3625 SAN No. 3905 NESHAP: Metal Coil (Surface Coating) Industry 2060-AG97
3626 SAN No. 3903 NESHAP: Solvent Extraction for Vegetable Oil Production 2060-AH22
3627 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 2060-AH47
3628 SAN No. 3613 New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid
Waste Incineration Units 2060-AF91
3629 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3630 SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under
Section 608 2060-AF36
3631 SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
Refrigerants 2060-AF37
3632 SAN No. 4271 Protection of Stratospheric Ozone: Incorporation of Clean Air Act Amendments for Reductions in
Class I, Group VI Controlled Substances 2060-AI41
3633 SAN No. 4315 Source Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
3634 SAN No. 4240 NESHAP: Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone
Semichemical Pulp Mills 2060-AI34
3635 SAN No. 4243 Standards and Guidelines for Small Municipal Waste Combustion Units 2060-AI51
3636 SAN No. 4284 Revision of Schedule for Standards Under Section 112 of the Clean Air Act 2060-AI52
3637 SAN No. 4285 Control of Emissions of Hazardous Pollutants From Motor Vehicles and Motor Vehicle Fuels 2060-AI55
3638 SAN No. 4286 National Emission Standards for Benzene Emissions From Coke Byproduct Recovery Plants (Part
61, Subpart L) 2060-AI65
3639 SAN No. 4355 Heavy-Duty Engine Emission Standards and Diesel Fuel Sulfur Control Requirements (Reg Plan
Seq No. 136) 2060-AI69
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74487
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3640
3641
3642
3643
3644
3645
3646
3647
3648
3649
3650
3651
3652
SAN No. 4353 Amendments to the Aerospace Manufacturing and Rework Facilities NESHAP for the HAP and
VOC Content Limits for Primer Operations and Stay of Compliance
SAN No. 4354 NESHAP: Pharmaceuticals Production; Proposed Amendments
SAN No. 4273 Amend Subpart Hand I, 40 CFR Part 61, for Emissions of Radionuclides Other Than Radon From
DOE Facilities
SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes
SAN No. 4358 Regulation of Fuels and Fuel Additives: Reformulated Gasoline Adjustment
SAN No. 4387 Amendments to State and Federal Operating Permits Programs, Part 70 and Part 71, Compliance
Certification Requirements
SAN No. 4410 Protection of Stratospheric Ozone Allocation of Essential-Use Allowances for Calendar Year 2000:
Laboratory Essential Use Exemptions
SAN No. 4458 Amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for
Pharmaceuticals Production
SAN No. 4414 Revision of Standards of Performance for Nitrogen Oxide Emissions From New Fossil-Fuel Fired
Steam Generating Units
SAN No. 4442 NESHAP for Source Categories: Phosphoric Acid Manufacturing and Phosphate Fertilizers Pro-
duction — Amendments
SAN No. 4465 Stay of the 8-Hour Portion of Findings of Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport
SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid Waste Landfills: Amend-
ment
SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendment
2060-AI77
2060-AI78
2060-AI90
2060-AI94
2060-AI98
2060-AJ04
2060-AJ15
2060-AJ17
2060-AJ22
2060-AJ29
2060-AJ37
2060-AJ41
2060-AJ42
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
3653
3654
3655
3656
3657
3658
3659
3660
3661
3662
3663
3664
3665
3666
3667
3668
3669
3670
3671
•
Title
SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program
SAN No. 4070 General Conformity Regulations; Revisions ...
SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H 40 CFR Part 51)
SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan
SAN No. 3899 NESHAP: Friction Products Manufacturing
SAN No 3962 NESHAP- Manufacture of Carbon Black
SAN No 3973 NESHAP' Flexible Polyurethane Foam Fabrication Operations .. .
SAN No 4162 NESHAP' Oil and Natural Gas Production
SAN No 4218 NESHAP' Process Heaters
SAN No. 2937 Field Citation Program
SAN No. 3751 NSPS: New Source Performance Standards and Emission Guidelines for Other Solid Waste Incin-
erators
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas
SAN No. 4245 Consumer and Commercial Products: Flexible Package Printing Materials: Determination on Con-
trol Techniques Guidelines in Lieu of Regulation
SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under the Significant New Alter-
natives Policy (SNAP) Program
SAN No. 4274 Identification of Additional Ozone Areas Attaining the 1-Hour Standard and to Which the 1-Hour
Standard Is No Longer Applicable (7 Areas)
SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts and Rhode Island
SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia,
Delaware Maryland and New Jersey
SAN No. 4391 Rescinding the Finding That the Pre-Existing PM10 Standards Are No Longer Applicable in North-
ern Ada County/Boise, Idaho
SAN No. 4413 NESHAP: Aluminum Die Casting and Aluminum Foundries
Regulation
Identification
Number
2060-AG92
2060-AH93
2060-AI47
2060-AI49
2060-AG87
2060-AH19
2060-AH42
2060-AI13
2060-AI35
2020-AA32
2060-AG31
2060-AH01
2060-AI31
2060-AG12
2060-AI57
2060-AI80
2060-AI99
2060-AJ05
2060-AJ09
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74488
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3672 SAN No. 3637 Federal Implementation Plan (FIP) To Control Emissions From Sources Located on the Fort Hall
Indian Reservation 2012-AAOO
3673 SAN No. 3569 Source Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant 2060-AF42
3674 SAN No. 3637 Federal Implementation Plan (FIP) To Control Emissions From Sources Located on the Fort Hall
Indian Reservation 2060-AF84
3675 SAN No. 3744 Amendment to Standards of Performance for New Stationary Sources; Monitoring Requirements
(PS-1) 2060-AG22
3676 SAN No. 3819 NSPS: Sewage Sludge Incinerators 2060-AG50
3677 SAN No. 4102 NESHAP: Taconite Iron Ore Processing 2060-AH73
3678 SAN No. 4116 NESHAP: Ammonium Sulphate Production (Caprolactam Byproduct) 2060-AH77
3679 SAN No. 4112 NESHAP: Hydrogen Chloride Production 2060-AH80
3680 SAN No. 4165 Optional Certification Streamlining Procedures for LDVs, LDTs, and HDEs 2060-AI15
3681 SAN No. 4295 Additional Flexibility Amendments to Inspection Maintenance Program Requirements; Amend-
ments to the Final Rule 2060-AI61
3682 SAN No. 4453 NESHAP: Off-Site Waste Recovery Operations; Additional Technical Amendments 2060-AJ21
3683 SAN No. 3078 NESHAP: Secondary Aluminum Industry 2060-AE77
3684 SAN No. 3908 Offset Lithographic Printing National VOC Rule 2060-AHOO
3685 SAN No. 4352 Transportation Conformity Amendment: Deletion of Grace Period 2060-AI76
3686 SAN No. 3361 Nonroad Spark-Ignition Engines At or Below 19 Kilowatts (25 Horsepower) (Phase 2) 2060-AE29
3687 SAN No. 4159 Redefinition of Glycol Ethers Listed as HAPs Under the Clean Air Act, and Hazardous Substances
Under CERCLA 2060-AI08
3688 SAN No. 4043 Control of Emissions of Air Pollution From 2004 and Later Model Year Heavy-Duty Highway En-
gines and Vehicles; Revision of Light-Duty Truck Definition 2060-AI12
3689 SAN No. 4219 Hospital/Medical/Infectious Waste Incinerators—Federal Plan (Federal Plan for existing
Hospital/Medical/Infectious Waste Incinerators) 2060-AI25
3690 SAN No. 4222 NESHAP: Ethylene Oxide Commercial Sterilization and Fumigation Operations 2060-AI37
3691 SAN No. 4252 Protection of Stratospheric Ozone: Manufacture of Halon Blends, Intentional Release of Halon,
Technical Training and Disposal of Halon and Halon-Containing Equipment - Amendment 2060-AI40
3692 SAN No. 3626 Protection of Stratospheric Ozone: Amendment to Transshipment Provision in Final Rule Accel-
erating the Phaseout of Ozone-Depleting Substances 2060-AI46
3693 SAN No. 4282 Technical Amendment to the Finding of Significant Contribution and Rulemaking for Certain States
for Purposes of Reducing Regional Transport of Ozone (The NOx SIP Call Rule) 2060-AI71
3694 SAN No. 4318 Protection of Stratospheric Ozone Allocation of Essential-Use Allowances for CY 2000: Allocations
for Metered-Dose Inhalers & the Space Shuttle & Titan Rockets 2060-AI73
3695 SAN No. 4315 Source Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2060-AI79
3696 SAN No. 4275 Amendment to National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent
Cleaning 2060-AI91
3697 SAN No. 4339 Amendments to the NESHAP: Halogenated Solvent Cleaning 2060-AJ01
3698 SAN No. 4402 NESHAP: Oil and Natural Gas Production and Natural Gas Transmission and Storage; Amend-
ments 2060-AJ08
3699 SAN No. 4384 Direct Final Amendments to the Polyether Polyols NESHAP 2060-AJ10
3700 SAN No. 4388 Extending Operating Permits Program Interim Approval Expiration Dates 2060-AJ12
3701 SAN No. 4379 Electric Arc Furnace NSPS Amendment 2060-AJ13
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3702
3703
3704
SAN No. 3602 Protective Action Guidance for Drinking Water
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria
2060-AF39
2060-AH63
2060-AJ07
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74489
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3705 SAN No. 2687 Data Requirements for Pesticide Registration (Revision) 2070-AC12
3706 SAN No. 4143 Endocrine Disrupter Screening Program (Reg Plan Seq No. 121) 2070-AD26
3707 SAN No. 4170 Pesticides; Procedures for Registration Review Program 2070-AD29
3708 SAN No. 4173 Data Requirements for Antimicrobial Registrations; Product Chemistry Requirements 2070-AD30
3709 SAN No. 4347 Registration of Granular Fertilizer-Pesticide Combination Products 2070-AD40
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Regulation
™- "•ay
3710 SAN No. 3890 Tolerances for Pesticide Emergency Exemptions 2070-AD15
3711 SAN No. 4027 Pesticides; Tolerance Processing Fees 2070-AD23
3712 SAN No. 2684 Plant-Incorporated Protectants; FIFRA Rule and FFDCA Tolerance Actions (Reg Plan Seq No.
137) 2070-AC02
3713 SAN No. 3432 Pesticide Management and Disposal 2020-AA33
3714 SAN No. 3222 Groundwater and Pesticide Management Plan (Reg Plan Seq No. 138) 2070-AC46
3715 SAN No. 3731 WPS; Pesticide Worker Protection Standard; Glove Amendment 2070-AC93
3716 SAN No. 3892 Registration Requirements for Antimicrobial Pesticide Products; and Other Pesticide Regulatory
Changes [ 2070-AD14
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
~
Number Number
3717 SAN No. 4175 Pesticide Tolerance Reassessment Program 2070-AD24
3718 SAN No. 2720 Policy or Procedures for Notification to the Agency of Stored Pesticides With Cancelled or Sus-
pended Registration 2020-AA29
3719 SAN No. 2659 Pesticide Management and Disposal: Standards for Pesticide Containers and Containment 2070-AB95
3720 SAN No. 4216 Regulatory Review of Pesticide Emergency Exemption Regulations 2070-AD36
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Seo-uence I~I
Number Number
3721 SAN No. 4176 Chemical Right-to-Know Initiative - High Production Volume (HPV) Chemicals (Reg Plan Seq No.
108) 2070-AD25
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence Title Identification
Number Number
3722 SAN No. 2563 Test Rule; ATSDR Substances 2070-AB79
3723 SAN No. 2865 Voluntary Children's Chemical Evaluation Testing Program 2070-AC27
3724 SAN No. 3990 Multi-Chemical Test Rule; High Production Volume Chemicals 2070-AD16
3725 SAN No. 4174 TSCA Section 4 Enforceable Consent Agreement for Certain Oxygenated Fuel Additives 2070-AD28
3726 SAN No. 1923 Follow-Up Rules on Existing Chemicals 2070-AA58
3727 SAN No. 4475 Certain Perfluoroalkyl Sulfonyl (Pfos) Containing Chemical Substances; Significant New Use Rule 2070-AD43
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74490 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage (Continued)
Sequence
Number
3728
3729
Title
SAN No. 3557 Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section
402(c)(3) (Reg Plan Seq No. 120)
SAN No. 4172 Lead: Notification Reauirements for Lead-Based Paint Abatement Activities and Trainino.
Regulation
Identification
Number
2070-AC83
2070-AD31
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3730
3731
3732
3733
3734
3735
3736
3737
3738
3739
3740
3741
3742
3743
3744
Title
SAN No 3301 TSCA Inventory Update Rule Amendments (Reg Plan Seq No. 139)
SAN No. 3243 Lead; Identification of Dangerous Levels of Lead Pursuant to TSCA Section 403 (Reg Plan Seq
No. 140)
SAN No 3508 Lead; Management and Disposal of Lead-Based Paint Debris Section 402(a)
SAN No 3493 Test Rules; Generic Entry for Final Decisions . .
SAN No 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 4425 Test Rule; OSHA Chemicals Dermal Testing
SAN No 1976 Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3495 Chemical-Specific Significant New Use Rules (SNURs) To Extend Provisions of Section 5(e) Or-
ders
SAN No. 2779 Acrylamide; Prohibition on Manufacture, Importation, Distribution and Use of Acrylamide for Grout-
ing
SAN No. 3021 Reclassification of PCB and PCB Contaminated Electrical Equipment Final Rule
SAN No 2249 Asbestos Worker Protection Rule Amendments .
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. 3559 Notice of TSCA Section 4 Reimbursement Period and TSCA Section 12(b) Export Notification Pe-
riod Sunset Dates for TSCA Section 4 Substances
SAN No. 31 18 TSCA Section 8(e) Policy; Notice of Clarification
Regulation
Identification
Number
2070-AC61
2070-AC63
2070-AC72
2070-AB94
2070-AC76
2070-AD42
2070-AA59
2070-AB27
2070-AC17
2070-AC39
2070-AC66
2070-AB08
2070-AB11
2070-AC84
2070-AC80
References 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
Sequence
Number
3745
3746
3747
3748
3749
3750
3751
Title
SAN No. 4376 Lead-Based Paint Activities Rules; Training, Accreditation
Plan Rule — Building and Structures Section 402(a)
SAN No 3882 Test Rule for Certain Metals
, and Certification Rule and Model State
SAN No. 2150 PCBs; Polychlorinated Biphenyls; Exemptions From the Prohibitions Against Manufacturing, Proc-
essing, and Distribution in Commerce .. .
SAN No. 3252 Lead; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
SAN No. 3528 Refractory Ceramic Fibers; Significant New Use Rules on
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 4179 PCBs; Polychlorinated Biphenyl; Use Authorizations
National Program Chemicals
Regulation
Identification
Number
2070-AC64
2070-AD10
2070-AB20
2070-AC21
2070-AC37
2070-AC51
2070-AD27
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions
Sequence
Number
3752
3753
3754
Title
SAN No. 3494 Test Rules; Generic Entry for Proposed Decisions .
SAN No. 2245 Test Rules; Negotiated Consent Order and Test Rule Procedures
SAN No. 3894 TSCA Biotechnology Follow-Up Rules
Regulation
Identification
Number
2070-AB07
2070-AB30
2070-AD13
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74491
EPA
EMERGENCY PLANNING AND
Sequence
Number
3755
COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)— Proposed Rule Stage
Title
SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Ex-
emption
Regulation
Identification
Number
2025-AA06
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
Sequence
Number
3756
3757
3758
Title
SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory .. .....
SAN No. 4259 TRI; Lowering of EPCRA Section 313 Reporting Thresholds for Lead and Lead Compounds (Reg
Plan Seq No. 146)
SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule
Regulation
Identification
Number
2025-AAOO
2025-AA05
2050-AE17
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions
Sequence
Number
3759
3760
3761
3762
3763
3764
Title
SAN No. 3007 TRI; Chemical Expansion; Finalization of Deferred Chemicals
SAN No 4015 TRI' Review of Chemicals on the Original TRI List
SAN No. 2847 TRI; Pollution Prevention Act Information Requirements ..
SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of "Overburden" as It Relates to the Mining Industry
SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet From the Extremely Hazardous Sub-
stances (EHSs) List
SAN No. 3993 Modification of Threshold Planning Quantity for Isophorone Diisocyanate
Regulation
Identification
Number
2025-AA01
2025-AA03
2025-AA09
2025-AA08
2050-AE42
2050-AE43
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Completed Actions
Sequence
Number
3765
3766
3767
3768
3769
3770
3771
3772
3773
Title
SAN No 3007 TRI' Chemical Expansion' Finalization of Deferred Chemicals
SAN No. 3877 TRI; Data Expansion Amendments; Toxic Chemical Release Reporting; Community Right-to-Know
SAN No. 4015 TRI' Review of Chemicals on the Original TRI List
SAN No 4023 TRI' Addition of Oil and Gas Exploration and Production to the Toxic Release Inventory
SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory
SAN No. 2847 TRI- Pollution Prevention Act Information Requirements
SAN No 4259 TRI' Lowering of EPCRA Section 313 Reporting Thresholds for Lead and Lead Compounds
SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Ex-
emption
SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of "Overburden" As It Relates to the Mining Industry
Regulation
Identification
Number
2070-AC47
2070-AD08
2070-AD18
2070-AD19
2070-ACOO
2070-AC24
2070-AD38
2070-AD39
2070-AD41
CHEMICAL SAFETY INFORMATION, SITE SECURITY AND FUELS REGULATORY RELIEF ACT—Completed
Actions
Sequence
Number
Title
Regulation
Identification
Number
3774
SAN No. 4302 Amendments to the List of Regulated Substances and Thresholds for Accidental Release Preven-
tion; Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail Facilities
2050-AE74
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74492 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
CHEMICAL SAFETY INFORMATION, SITE SECURITY AND FUELS REGULATORY RELIEF ACT—Completed
Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3775
SAN No. 4345 Accidental Release Prevention Requirements; Risk Management Programs Under the Clean Air
Act Section 112(r)(7); Distribution of Off-Site Consequences Analysis Information
2050-AE80
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
3776
3777
3778
3779
3780
3781
3782
3783
3784
3785
3786
3787
3788
3789
3790
3791
Title
SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste
SAN No. 3989 Removal of Requirement To Use SW-846 Methods (Test Methods for Evaluating Solid Waste:
Physical/Chemical Methods)
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities (Reg Plan Seq No. 123)
SAN No. 4083 Listing of Hazardous Waste; Inorganic Chemical Wastes; Land Disposal Restrictions for Newly
Listed Wastes' CERCLA Hazardous Substances Reportable Quantities
SAN No. 4084 Office of Solid Waste Burden Reduction Project
SAN No. 4090 RCRA Appendix VIII Streamlining
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered
Materials
SAN No. 3147 Hazardous Waste Manifest Regulation (Reg Plan Seq No. 122)
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Shop Towels and Wipes
SAN No. 4092 Glass-to-Glass Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste Regula-
tions
SAN No. 4093 Reinventing the Land Disposal Restrictions Program
SAN No. 4208 Proposed Regulatory Amendments on Recycling of Hazardous Wastes in Fertilizers . ...
SAN No. 4411 Regulation of Gasification Devices Processing Hazardous Waste at Petroleum Refineries
SAN No. 4418 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors-Phase I
Clarification and Proposed Changes
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Electric Power Produc-
ers (Reg Plan Seq No. 124)
SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without a RCRA Permit
Regulation
Identification
Number
2050-AE32
2050-AE41
2050-AE44
2050-AE49
2050-AE50
2050-AE55
2050-AE23
2050-AE21
2050-AE51
2050-AE52
2050-AE53
2050-AE69
2050-AE78
2050-AE79
2050-AE81
2090-AA14
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
3792
3793
3794
3795
3796
3797
3798
3799
Title
SAN No. 4017 Storage, Treatment, Transportation, and Disposal of Mixed Waste (Reg Plan Seq No. 142)
SAN No. 4088 Recycled Used Oil Containing PCBs
SAN No. 3151 Listing Determination for Wastewaters and Wastewater Treatment Sludges From Chlorinated
Aliphatics Productions; Land Disposal Restrictions for Newly Identified Waste
SAN No. 3328 Hazardous Waste Identification Rule (HWIR): Identification and Listing of Hazardous Wastes (Reg
Plan Seq No. 141)
SAN No. 4233 Land Disposal Restrictions; Treatment Standards for Spent Potliners From Primary Aluminum Re-
duction (K088) and Regulatory Classification of K088 Vitrification Units
SAN No. 4263 Temporary Suspension of Toxicity Characteristic Rule for Specific Lead-Based Paint Debris ... .
SAN No. 4360 Alternative Land Disposal Restrictions Treatment Standards for Contaminated Soils, Deferral of
PCB's as an Underlying Hazardous Constituent in Soil
SAN No. 4438 Project XL — IBM VT Pilot Project Providing a Site-Specific Exemption of a Metallization Process
From the F006 Listing Description
Regulation
Identification
Number
2050-AE45
2050-AE47
2050-AD85
2050-AE07
2050-AE65
2050-AE68
2050-AE76
2090-AA11
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74493
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
3800
3801
3802
3803
3804
3805
3806
3807
3808
3809
3810
3811
3812
3813
3814
Title
SAN No. 3428 Hazardous Waste Management System: Slag Residues Derived From High-Temperature Metals
Recovery (HTMR) Treatment of KO61, KO62 and F0006 Wastes
SAN No. 3668 Hazardous Waste Identification; Recycled Used Oil Management Standards
SAN No. 3856 Management of Cement Kiln Dust (CKD) ....
SAN No. 3888 Mercury-Containing and Rechargeable Battery Management Act; Codification of Waste Manage-
ment Provisions
SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic Rule to Petroleum Contami-
nated Media and Debris From Underground Storage Tanks . .
SAN No. 3066 Listing Determination of Wastes Generated During the Manufacture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pigments .
SAN No. 2390 Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management
Facilities ,
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors-Phase II
Covering Boilers and Certain Industrial Furnaces .
SAN No. 4094 Land Disposal Restrictions; Potential Revisions for Mercury Listed and Characteristic Wastes
SAN No. 4230 Revisions to Solid Waste Landfill Criteria — Leachate Recirculation
SAN No. 4419 Amendments to the Corrective Action Management Unit Rule
SAN No. 4430 RCRA Controls for Wastewater Treatment Units
SAN No. 4469 Standards for the Management of Coal Combustion Wastes - Non-Power Producers and
Minefilling
SAN No. 4437 Project XL Site-Specific Rulemaking for the US Filter Recovery Services, Roseville, Minnesota and
Approved Generators and Transporters of USFRS XL Waste
Regulation
Identification
Number
2050-AE15
2050-AE28
2050-AE34
2050-AE39
2050-AD69
2050-AD80
2050-AB80
2050-AC71
2050-AE01
2050-AE54
2050-AE67
2050-AE77
2050-AE82
2050-AE83
2090-AA15
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3815
3816
Title
SAN No. 3201 Regulatory Determination on Remaining Wastes From the Combustion of Fossil Fuels
SAN No. 4350 Criteria for Municipal Solid Waste Landfills (Completion of a Section 610 Review)
Regulation
Identification
Number
2050-AD91
2050-AE75
OIL POLLUTION ACT (OPA)— Final Rule Stage
Sequence
Number
3817
Title
SAN No. 2634 Oil Pollution Prevention Regulation: Revisions
Regulation
Identification
Number
2050-AC62
OIL POLLUTION ACT (OPA)— Completed Actions
Sequence
Number
3818
Title
SAN No. 4217 Facility Response Plan Regulation for Certain Non-Transportation-Related Facilities That Handle,
Store or Transport Vegetable Oils and Animal Fats .
Regulation
Identification
Number
2050-AE64
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Proposed Rule
Stage
Sequence
Number
3819
Title
SAN No. 3423 Reoortable Quantity Adjustments for Carbamates
Regulation
Identification
Number
2050-AE12
-------
74494 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3820
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules 2050-AD75
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Number
3821 SAN No. 3806 Grants for Technical Assistance Rule Reform — 40 CFR Part 35 Subpart M ...................................... 2050-AE33
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Long-Term Actions
<5«nnonre Regulation
Number ™e Identification
Number Number
3822 SAN No. 2394 Reporting Exemptions for Federally Permitted Releases of Hazardous Substances ......................... 2050-AB82
3823 SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Application and Implementation of Claims
Against Superfund [[[ 2050-AE38
3824 SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions [[[ 2050-AE62
3825 SAN No. 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 102(a) .................... 2050-AE63
CLEAN WATER ACT (CWA)— Prerule Stage
Regulation
3826 SAN No. 4364 Effluent Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Cat-
egory (Section 610 Review) [[[ 2040-AD45
CLEAN WATER ACT (CWA)— Proposed Rule Stage
Regulation
3827 SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2
(Reg Plan Seq No. 125) [[[ 2040-AB79
3828 SAN No. 3833 Effluent Guidelines and Standards for the Iron and Steel Manufacturing Point Source Category
(Revisions) [[[ 2040-AC90
3829 SAN No. 4153 Effluent Guidelines and Standards for Feedlots Point Source Category, and NPDES Regulation for
Concentrated Animal Feeding Operations (Reg Plan Seq No. 126) [[[ 2040-AD19
3830 SAN No. 3662 Water Quality Standards Regulation — Revision [[[ 2040-AC56
3831 SAN No. 4344 Water Quality Standards for Indian Country Waters [[[ 2040-AD46
3832 SAN No. 4047 Test Procedures for the Analysis of Cryptosporidium and Giardia Under the Safe Drinking Water
and Clean Water Acts [[[ 2040-AD08
3833 SAN No. 4214 Test Procedures for the Analysis of E. Coli and Enterococci Under the Clean Water Act ................. 2040-AD34
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74495
EPA
CLEAN WATER ACT (CWA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3841
SAN No. 4476 Pretreatment Program Reinvention Pilot Projects Under Project XL
2090-AA16
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3842
3843
3844
3845
3846
3847
3848
3849
3850
3851
SAN No. 2805 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry
SAN No. 4086 Effluent Guidelines and Standards for Synthetic-Based Drilling Fluids in the Oil and Gas Extraction
Point Source Category (Revisions) -.
SAN No. 4195 Water Quality Standards for Alabama—Phase I
SAN No. 4235 Amend the Final Water Quality Guidance for the Great Lakes System To Prohibit Mixing Zones for
Bioaccumulative Chemicals of Concern
SAN No. 4422 Promulgation of Provisions in the Final Water Quality Guidance for the Great Lakes System for
Waters Within the Great Lakes Basin
SAN No. 3155 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under
the Clean Water Act, Phase One
SAN No. 4409 Test Procedures: Clean Water Act and Safe Drinking Water Act Methods Update
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution
SAN No. 3288 Comparison of Dredged Material to Reference Sediment
SAN No. 4261 Further Revisions to Clean Water Act Definition of Discharge of Dredged Material
2040-AB78
2040-AD14
2040-AD25
2040-AD32
2040-AD66
2040-AC95
2040-AD59
2040-AC58
2040-AC14
2040-AD41
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3852 SAN No. 3767 Reformatting of Effluent Guidelines and Standards in 40 CFR Parts 401 through 471 2040-AC79
3853 SAN No. 4050 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Category, Phase II 2040-AD10
3854 SAN No. 4192 Effluent Guidelines and Standards for the Bleached Papergrade Kraft Subcategory of the Pulp,
Paper, and Paperboard Category; Certification in Lieu of Monitoring for Chloroform 2040-AD23
3855 SAN No. 4168 Effluent Guidelines and Standards for the Coal Mining Point Source Category (Revisions) 2040-AD24
3856 SAN No. 4280 Effluent Guidelines and Standards for the Construction and Development Industry 2040-AD42
3857 SAN No. 4370 Effluent Guidelines and Standards for the Dissolving Kraft and Dissolving Sulfite Subcategories of
the Pulp, Paper, and Paperboard Point Source Category (Phase III) 2040-AD49
3858 SAN No. 4406 Effluent Guidelines and Standards for the Aquatic Animal Production Industry 2040-AD55
3859 SAN No. 4407 Effluent Guidelines and Standards for the Meat Products Point Source Category (Revisions) 2040-AD56
3860 SAN No. 4408 Effluent Guidelines and Standards for the Industrial Container and Drum Cleaning Point Source
Category 2040-AD57
3861 SAN No. 4264 Water Quality Standards for Alabama—Phase II 2040-AD35
3862 SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act 2040-AC75
3863 SAN No. 3714 Increased Method Flexibility for Test Procedures Approved for Clean Water Act Compliance Mon-
itoring 2040-AC92
3864 SAN No. 3713 Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures 2040-AC93
3865 SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act 2040-AD09
3866 SAN No. 4089 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under
the Clean Water Act, Phase Two 2040-AD12
3867 SAN No. 4377 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Method 245.7) 2040-AD52
3868 SAN No. 4378 Revisions to Method Detection and Quantification for Use Under the Clean Water Act and Safe
Drinking Water Act 2040-AD53
3869 SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II 2040-AD39
3870 SAN No. 3444 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at New Facilities
Under Section 316(b) of the Clean Water Act 2040-AC34
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74496 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions (Continued)
Sequence
Number
3871
3872
3873
3874
Title
SAN No. 3234 Revision of NPDES Industrial Permit Application Requirements and Form 2C — Wastewater Dis-
charge Information
SAN No 4375 Revision to Clean Water Act Regulatory Definition of "Fill Material"
SAN No 3488 Round 2 Standards for the Use or Disposal of Sewage Sludge
SAN No 4207 Round I Sewage Sludge Use or Disposal Rule — Phase Two Amendments
Regulation
Identification
Number
2040-AC26
2040-AD51
2040-AC25
2040-AC53
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3875
3876
3877
3878
3879
3880
3881
3882
3883
3884
3885
3886
Title
SAN No 3204 Effluent Guidelines and Standards for the Transportation Equipment Cleaning Category
SAN No. 4167 Effluent Limitations Guidelines and Standards for the Feedlots Point Source Category, Dairy and
Beef Cattle Subcategories .
SAN No 4368 2000 Effluent Guidelines Program Plan . ...
SAN No 3504 Establishment of Numeric Criteria for Priority Toxic Pollutants for the State of California
SAN No. 3661 Water Quality Standards: Establishment of Numeric Criteria for Priority Toxic Pollutants; States'
Compliance
SAN No. 3921 Selenium Criterion Maximum Concentration for Water Quality Guidance for the Great Lakes Sys-
tem
SAN No. 4234 EPA Review and Approval of State and Tribal Water Quality Standards
SAN No. 3618 Whole Effluent Toxicity West Coast Test Procedures for the Analysis of Pollutants Under the
Clean Water Act
SAN No 3762 NPDES Streamlining Rule — Round II
SAN No. 4051 Establishment of Electronic Reporting for NPDES Permittees
SAN No 4145 Total Maximum Daily Load (TMDL) Program Regulations and Supporting NPDES Revisions
SAN No 4294 Total Maximum Daily Load (TMDL) - NPDES and WQS Regulations Revisions . .
Regulation
Identification
Number
2040-AB98
2040-AD21
2040-AD47
2040-AC44
2040-AC55
2040-AC97
2040-AD33
2040-AC54
2040-AC70
2040-AD11
2040-AD22
2040-AD36
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence
Number
3887
3888
3889
Title
SAN No. 4212 Use of Screening Procedures for Compliance Monitoring of Drinking Water Contaminants
SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contaminants on the Drinking Water Con-
taminant Candidate List
SAN No 4424 6-Year Review of Existing National Primary Drinking Water Regulations
Regulation
Identification
Number
2040-AD31
2040-AD61
2040-AD67
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3890
3891
3892
3893
3894
3895
Title
SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb . .
SAN No. 4341 National Primary Drinking Water Regulations: Long-Term 2 Enhanced Surface Water Treatment
Rule (Reg Plan Seq No. 127)
SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule
(Reg Plan Seq No. 128)
SAN No. 4369 Regulated Drinking Water Contaminant Occurrence Reporting
SAN No. 4404 National Secondary Drinking Water Regulations: Methyl Tertiary Butyl Ether (MTBE)
SAN No. 4451 Underground Injection Control Class V Phase 2 Revisions
Regulation
Identification
Number
2040-AC13
2040-AD37
2040-AD38
2040-AD48
2040-AD54
2040-AD63
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74497
EPA
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3896
3897
3898
3899
3900
3901
3902
3903
3904
3905
3906
3907
Title
SAN No. 4373 Unregulated Contaminant Monitoring Rule - List 2
SAN No. 2281 National Primary Drinking Water Regulations' Radon (Reg Plan Seq No. 143)
SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule (Reg Plan Seq No. 144)
SAN No. 2807 National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New
Source Contaminant Monitoring (Reg Plan Seq No. 145) . .
SAN No. 3176 National Primary Drinking Water Regulations: Sulfate ...
SAN No. 3563 Reformatting of Drinking Water Regulations ... . . .
SAN No. 3992 National Primary Drinking Water Regulations: Radium, Uranium, Alpha, Beta and Photon Emitters
SAN No. 4147 National Primary Drinking Water Regulations: Long-Term 1 Enhanced Surface Water Treatment
Rule
SAN No. 4281 Revision to the Interim Enhanced Surface Water Treatment Rule (IESWTR) and the Stage 1 Dis-
infectants and Disinfection Byproducts Rule (DBPR)
SAN No. 4146 National Primary Drinking Water Regulations: Filter Backwash Recycling Rule
SAN No. 4236 Update of State Underground Injection Control Programs .... ...
SAN No. 4152 Drinkina Water State Revolving Fund Regulations
Regulation
Identification
Number
2040-AD58
2040-AA94
2040-AA97
2040-AB75
2040-AC07
2040-AC41
2040-AC98
2040-AD18
2040-AD43
2040-AD65
2040-AD40
2040-AD20
References in boldface appear in the Regulatory Plan in Part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3908
3909
Title
SAN No. 4436 Removal of the Maximum Contaminant Level Goal for Chloroform From the National Primary
Drinking Water Regulations
SAN No. 4009 Public Water System Public Notification Regulation ..
Regulation
Identification
Number
2040-AD64
2040-AD06
SHORE PROTECTION ACT (SPA)—Final Rule Stage
Sequence
Number
3910
Title
SAN No. 2820 Shore Protection Act, Section 41 03(b) Regulations
Regulation
Identification
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
3462. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: PL 101-507; PL 102-
389; PL 101-549 sec 1001; 42 USC
9605(f); PL 100-590; EO 12432; EO
12138; EO 11625
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the
Administration's recent review of
affirmative action programs. They
include: (1) placing greater emphasis on
requiring assistance agreement
recipients to submit documentation
supporting proposed fair share
procurement objectives for Minority
Business Enterprises (MBEs) and
Women's Business Enterprises (WBEs)
based on the availability of qualified
MBEs and WBEs in the relevant
geographic market; (2) authorizing or
requiring recipients and then- 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.
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74498 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—General
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4056
Agency Contact: Rebecca Neer,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 280-4841
Mark Gordon, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230,
Washington, DC 20460
Phone: 202 260-8886
Fax: 202 401-1080
RIN: 2020-AA39
3463. REVISION TO EPAAR 1552.211-
73, LEVEL OF EFFORT
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1552
Legal Deadline: None
Abstract: This rule will revise EPAAR
1552.211-73, Level of Effort, to define
more concisely the services being
acquired, and to more accurately reflect
the relationship between services
provided and fee payments.
Timetable:
Action
Date
FR Cite
NPRM 01/00/01
Final Action 03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4191
Agency Contact: Larry Wyborski,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4369
Fax: 202 565-2475
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3464. INCORPORATING INFORMAL
CLAUSES (EP) INTO THE EPAAR
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390, as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rule is being
promulgated to amend the EPAAR to
incorporate Environmental Protection
(EP) clauses into the EPAAR. There are
a large number of EP clauses being
used by contracting officers. This
promulgation will capture those EP
clauses that have not been submitted
for public comment. Most of the EP
clauses are used in contracts on a case-
by-case basis. The contractor concurs
with use of such clauses.
Timetable:
Action
Date FR Cite
NPRM 10/02/00 65 FR 58921
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. The agency has
not yet determined whether there is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4226
Agency Contact: Paul Schaffer,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4366
Fax: 202 565-2551
Email: schaffer.paul@epa.gov
RIN: 2030-AA66
3465. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
06/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4319
Sectors Affected: 5416 Management,
Scientific and Technical Consulting
Services; 54162 Environmental
Consulting Services; 5413
Architectural, Engineering and Related
Services; 5417 Scientific Research and
Development Services; 562 Waste
Management and Remediation Services
Agency Contact: Bruce M. Bakaysa,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4373
Fax: 202 565-2552
Email: bakaysa.bruce@epa.gov
Cal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74499
EPA—General
Proposed Rule Stage
Email: mcwhirter.cal@epa.gov
RIN: 2030-AA67
3466. INCREMENTALLY FUNDING
FIXED PRICE CONTRACTS
Priority: Substantive, Nonsignificant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 40 USC 486 (c)
CFR Citation: 48 CFR 1532
Legal Deadline: None
Abstract: This proposed rule will add
subpart 1532.7, Contract Funding, to
the Environmental Protection Agency's
Acquisition Regulation (EPAAR). It also
will revise part 1552 of the EPAAR to
include a clause for incrementally
funding fixed price contracts.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3876
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA50
3467. IMPLEMENTATION OF
CHANGES TO 40 CFR PART 32
Priority: Info./Admin./Other
Legal Authority: EO 12549; EO 12689
and FASA
CFR Citation: 40 CFR 32
Legal Deadline: None
Abstract: Periodically OMB amends the
Governmentwide common rule for
suspension and debarment of
contractors and assistance participants
who threaten the integrity of Federal
programs because of criminal
misconduct or poor performance. All
agencies must issue changes to their
individual codified versions to conform
to the Common Rule. Recently, the
Interagency Suspension and Debarment
Coordinating Committee prepared
recommendations for comprehensive
changes to the Common Rule to
conform to changes made in the
Federal Acquisition Regulation (FAR)
as a result of the Federal Acquisition
Streamlining Act (FASA). In addition,
several other proposals to improve or
change the rule were recommended by
various agencies. In December 1996,
OMB declined to implement the
changes at that time due to differences
with some agencies about some changes
unrelated to those occasioned by FASA.
Among other things, FASA replaced the
small purchase threshold ($25,000)
with the simplified acquisition amount
($100,000). That change unintentionally
exposed certain EPA programs to
participation by contractors who may
have been debarred for serious
misconduct already. OMB has agreed to
permit agencies to amend the coverage
section of their individual agency rules
to reduce or eliminate exposure to
suspended or debarred persons.
EPA intends to issue a notice of
proposed rulemaking to amend 40 CFR
32.110 to reduce EPA exposure to such
consequences.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3817
Agency Contact: Robert Meunier,
Environmental Protection Agency,
Administration and Resources
Management, 3901R, Washington, DC
20460
Phone: 202 564-5399
Fax: 202 565-2469
RIN: 2030-AA48
3468. NONDISCRIMINATION ON THE
BASIS OF SEX IN EDUCATIONAL
PROGRAMS RECEIVING FEDERAL
ASSISTANCE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 794; 42 USC
2000d to 2000d-7; 42 USC 6101 to
6107; EO 12250
CFR Citation: 28 CFR 42.101 to 42.112;
28 CFR 42.501 to 42.540; 28 CFR
42.700 to 42.736
Legal Deadline: None
Abstract: The Department of Justice
proposes to make amendments to its
regulations implementing Title VI of
the Civil Rights Act of 1964 (Title VI),
Section 504 of the Rehabilitation Act
of 1972 (Section 504), and the Age
Discrimination Act of 1975 (Age
Discrimination Act). Together, these
statutes prohibit discrimination on the
basis of race, color, national origin,
disability, and age in programs or
activities that receive Federal financial
assistance. In 1988, the Civil Rights
Restoration Act (CRRA) added
definitions of "program or activity" and
"program" to Title VI and added a
definition of "program or activity" to
Section 504 and the Age Discrimination
Act. The added definitions were
designed to clarify the broad scope of
coverage of recipients' programs or
activities under these statutes. The
promulgation of this proposed
regulation explicitly incorporates the
CRRA's definition of "program or
activity" and "program" into the
Department's Title VI, Section 504, and
Age Discrimination Act regulations.
The Department's proposed regulation
will be published as part of a joint
Notice of Proposed Rulemaking
involving up to 24 Federal agencies.
Timetable:
Action
Date
FR Cite
NPRM 11/00/00
NPRM Comment 01/00/01
Period End
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4021
Agency Contact: Ann Coode,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1201, Washington, DC
20460
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74500 Federal Register/Vol. 65, No. 231 /Thursday, November 30, 2000/Unified Agenda
EPA—General
Proposed Rule Stage
Phone: 202 260-4581
RIN: 2020-AA36
3469. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Info./Admin./Other
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR Part 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
National Environmental Policy Act
(NEPA) regulation. The revision would
clarify Agency responsibilities for:
congressionally funded special
appropriation projects and EPA funded
grant programs. The revision would
clarify public involvement procedures
and organization responsibilities. The
proposal would revise the list of
actions which are categorically
excluded from analyses. The revision
is also needed to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date
FR Cite
NPRM 10/00/00
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292
Agency Contact: Marguerite Duffy,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7148
Joseph Montgomery, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0072
Email: montgomery.joseph@epa.gov
RIN: 2020-AA42
3470. • 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 what changes
are needed to make the regulations as
efficient and effective as possible.
Provision 40 CFR 2.205(c), which
automatically protects CBI
substantiations claimed as confidential,
is being examined individually and as
part of the CBI regulations as a whole.
Timetable:
Action
Date FR Cite
NPRM/CBIRegs 11/23/94 59 FR 60446
Proposal to revise
EPA's CBI
regulations
ANPRM/CBI Regs 11/00/00
Adv. notice of
proposal to revise
CBI regs--40 CFR
Part2,SubpB
Final/CBI Substant.
Final rule to
eliminate special
treatment of
substantiations
NPRM/CBI Regs
Proposal to revise
CBI regs-40 CFR
Part 2, Subpart B
Final Rule/CBI Regs
Final rule revising
CBI regs-40 CFR
Part 2, Subpart B
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240
01/00/01
To Be Determined
To Be Determined
Fomerly listed as RIN 2020-AA21.
Agency Contact: Rebecca Moser,
Environmental Protection Agency,
Office of Environmental Information,
2822, Washington, DC 20460
Phone: 202 260-6780
Fax: 202 260-8550
Email: moser.rebecca@epa.gov
Alan Margolis, Environmental
Protection Agency, Office of
Environmental Information, 2822,
Washington, DC 20460
Phone: 202 260-9329
Fax: 202 260-8550
Email: margolis.alan@epa.gov
RIN: 2025-AA02
3471. • REWRITING OF EPA
REGULATIONS IMPLEMENTING THE
FREEDOM OF INFORMATION ACT
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 552
CFR Citation: 40 CFR 2
Legal Deadline: None
Abstract: This document proposes
revisions to EPA's regulations under
the Freedom of Information Act (FOIA).
The FOIA regulations have been
streamlined and written in plain
English wherever possible. These
revisions reflect the principles
established by President Clinton and
Attorney General Reno in their FOIA
Policy Memoranda of October 4, 1993.
They also reflect developments in the
case law and include updated cost
figures for calculating and charging
fees. In addition, the proposed
revisions include provisions
implementing the Electronic Freedom
of Information Act Amendments of
1996. These revisions will simplify and
expedite responses to FOIA requests.
Timetable:
Action
Date
FR Cite
NPRM 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4180
Fomerly listed as RIN 2020-AA40.
Agency Contact: Jeralene Green,
Environmental Protection Agency,
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74501
EPA—General
Proposed Rule Stage
Office of Environmental Information,
2822, Washington, DC 20460
Phone: 202 260-1050
Fax: 202 260-8550
Email: green.jeralene@epa.gov
RIN: 2025-AA04
3472. • CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Regulatory Plan: This entry is Seq. No.
130 in Part II of this issue of the
Federal Register.
RIN: 2025-AA07
3473. WARRANTS FOR ON-SCENE
COORDINATORS
Priority: Info./Admin./Other
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is amending
the EPA Acquisition Regulations
(EPAAR) to include a clause concerning
the issuance of warrants for on-scene
coordinators. The intent is to allow
program officials with remedial type
requirements to receive on-scene
coordinator warrants so that they can
issue letter contracts.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/01
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4351
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA68
3474. CONTRACTOR DIVERSITY
CLAUSE
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 sec 205(c);
63 Stat 390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The EPAAR will be revised
to include a diversity clause for EPA
contractors. The clause will require
EPA contractors to submit a plan that
explains its approach to promoting
diversity in the performance of EPA
contracts.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4397
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA70
3475. • REGULATORY INCENTIVES
FOR THE NATIONAL
ENVIRONMENTAL ACHIEVEMENT
TRACK PROGRAM
Regulatory Plan: This entry is Seq. No.
109 in Part II of this issue of the
Federal Register.
RIN: 2090-AA13
Environmental Protection Agency (EPA)
General
Final Rule Stage
3476. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Regulatory Plan: This entry is Seq. No.
131 in Part II of this issue of the
Federal Register.
RIN: 2030-AA55
3477. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Regulatory Plan: This entry is Seq. No.
132 in Part II of this issue of the
Federal Register.
RIN: 2030-AA56
3478. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Other Significant
Legal Authority: 5 USC 301 sec 205(cj;
63 Stat 390 as amended
CFR Citation: 48 CFR 1526; 48 CFR
1552
Legal Deadline: None
Abstract: This rule will amend the EPA
Acquisition Regulation (EPAAR) to
include part 1526, Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract Clauses. The purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
specific geographical locations where
contractual requirements will be
performed. This incentive will support
economic development in areas where
EPA contracts are performed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/09/98 63 FR 67845
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
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74502 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—General
Final Rule Stage
paperwork burden associated with this
action.
Additional Information: SAN No. 4187
NPRM-
http://www.epa.gov/fedrgstr/EPA-
GENERAL/1998/December/Day-
09/g32683.htm.
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA62
3479. INCORPORATION OF CLASS
DEVIATIONS INTO EPAAR
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1537; 48 CFR
1552
Legal Deadline: None
Abstract: The Agency has approved a
number of class deviations (e.g. changes
to reporting requirements and monthly
progress reports) to the EPAAR since
its promulgation in April 1994. This
proposed rule would incorporate most
of the class deviations to the EPAAR.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/16/00 65 FR 14405
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3580
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA37
3480. EPA MENTOR-PROTEGE
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1544; 48 CFR
1552
Legal Deadline: None
Abstract: This proposed rule will
amend EPA's Acquisition Regulation
(EPAAR) to establish a Mentor-Protege
Program. Participating prime
contractors serving as mentors will
provide technical and managerial
support to protege small disadvantaged
business subcontractors.
Timetable:
Action
Date FR Cite
Interim Final Rule
Final Action
10/02/00 65 FR 58921
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3629
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA40
3481. DELETION OF EPA
ACQUISITION REGULATIONS FOR
QUALITY SYSTEMS FOR
ENVIRONMENTAL PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 486(c)
CFR Citation: 48 CFR 1546.2
Legal Deadline: None
Abstract: EPA is deleting the quality
assurance requirements in its
Acquisition Regulation (EPAAR)
because the Federal Acquisition
Regulation (FAR) contains coverage on
this subject.
Timetable:
Action
Date
FR Cite
Final Rule
12/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 3874
Agency Contact: Linda Avellar,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4356
Fax: 202 565-2475
Email: avellar.linda@epa.gov
RIN: 2030-AA51
3482. CONSOLIDATION OF GOOD
LABORATORY PRACTICE
STANDARDS (GLPS) REGULATIONS
CURRENTLY UNDER TSCA AND
FIFRA INTO ONE RULE
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2601 et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 160; 40 CFR 792
Legal Deadline: None
Abstract: On November 29, 1983, EPA
published Good Laboratory Practice
Standards (GLPS) regulations intended
to help ensure data integrity for studies
required to support marketing and
research permits under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Toxic Substances
Control Act (TSCA). These rules were
last amended on August 17,1989.
GLPS data integrity measures can be
applied to a wide variety of scientific
studies. Although the TSCA and FIFRA
GLPS contain identical provisions, they
were published as separate rules to
account for statutory and program
differences between TSCA and FIFRA,
such as differences in records retention
requirements. EPA believes it will be
able to address the differences between
TSCA and FIFRA, such as differences
in records retention requirements. EPA
believes it will be able to address the
differences of those programs without
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74503
EPA—General
Final Rule Stage
duplicating the entire GLP standard in
two places.
This action is intended to consolidate
EPA's GLPS into one rule. Program-
specific requirements will be addressed
in either separate sections of the
consolidated rule, or in separate rules
as is determined appropriate. This
action is not intended to change the
requirements, applicability, or
enforceability of GLPS with respect to
any statute.
EPA has received comments from
stakeholders regarding the
understandability of many aspects of
the GLPS, and over the years has issued
numerous clarifications. EPA believes
that some clarifications, if included
directly in the rule, would make the
rule easier to understand and enhance
compliance. Therefore, EPA intends to
include such clarifications where
appropriate in this rulemaking. Finally,
in the interest of maintaining
consistency between EPA's and Food
and Drug Administration's regulations,
EPA will determine any modifications
that have occurred to the FDA GLP rule
and consider incorporation of such
changes into the EPA rule. This action
will serve to reduce the total regulatory
text in the Code of Federal Regulations
by an estimated 10 pages, by
consolidating 23 pages of text to
approximately 13. In the process it will
provide a generic GLP rule that may
be used by other programs in the
Agency.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/22/99 64 FR 3456
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3807
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
RIN: 2020-AA26
3483. ENVIRONMENTAL IMPACT
ASSESSMENT OF
NONGOVERNMENTAL ACTIVITIES IN
ANTARCTICA
Priority: Other Significant
Legal Authority: 16 USC 2401 et seq,
as amended; 16 USC 2403(a); PL 104-
227
CFR Citation: 40 CFR 8
Legal Deadline: Final, Statutory,
October 2, 1998, See additional
information.
Abstract: The purpose of this action is
to develop regulations for: (l) the
environmental impact assessment of
nongovernmental activities, including
tourism, for which the United States is
required to give advance notice under
paragraph 5 of Article VII of the
Antarctic Treaty and (2) coordination
of the review of information regarding
environmental impact assessment
received by the United States from
other parties under the Protocol on
Environmental Protection. The Office of
Federal Activities (OECA/OFA) will use
the decisionmaking process of the
National Environmental Policy Act
(NEPA) to analyze the environmental
setting; the types of nongovernmental
activities, including tourism, to be
addressed by the regulations; their
potential for impact; and the
alternatives available under rulemaking
for environmental impact assessments
for nongovernmental activities. An
interim final rule, 40 CFR part 8,
promulgated April 30, 1997, and on
July 15, 1998 extended through the
2000-2001 austral summer, will be
replaced by a final rule. The interim
final rule was effective immediately so
that the U.S. could ratify the Protocol
and implement its obligations under
the Protocol as soon as it entered into
force. These rules are being developed
in coordination with other Federal
agencies with specific interests in and
expertise with Antarctica including the
Department of State, National Science
Foundation, National Oceanic and
Atmospheric Administration, U.S.
Coast Guard, Marine Mammal
Commission, Department of Justice, and
the Council on Environmental Quality.
Timetable:
Action
Date FR Cite
Interim Final Rule
Extend Interim Rule
Effective Date
Final Action
04/30/97 62 FR 23538
04/15/98 63 FR 18352
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3933
Legal Description: The Interim Final
Rule, effective 7/14/98, through the
year 2000-2001 austral summer,
Interim Final Rule-
http://www.epa.gov/fedrgstr/EPA-
IMPACT/1997/April/Day-
30/ill075.htm Extend Effectve Date-
http://www.epa.gov/fedrgstr/EPA-
IMP ACT/1998/April/Day-
15/il0007.htm.
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0072
Email: montgomery.joseph@epa.gov
RIN: 2020-AA34
3484. ELECTRONIC FUNDS
TRANSFER
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1532.11
Legal Deadline: None
Abstract: This rule complies with the
revised Federal Acquisition Regulations
(FAR) coverage regarding
implementation of the Debt Collection
Improvement Act. Because the revised
FAR offers choices in implementation,
each agency must communicate with its
vendor community its choices. This
rule will let our vendor community
know that EPA will require the use of
FAR Clause 52.232-34, Payment by
Electronic Funds Transfer (Non-CCR),
as prescribed in FAR 32.1105(a)(2).
Within the Clause, under (c) the
payment office shall be inserted as the
prescribed designated office. Further
inserted shall be that the required EFT
information shall be provided no later
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74504 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—General
Final Rule Stage
than 15 days prior to submission of the
first request for payment.
Timetable:
Action
Date
FR Cite
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4185
Agency Contact: Calvin McWhirter,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.calvin@epa.gov
RIN: 2030-AA57
3485. BUSINESS OWNERSHIP
REPRESENTATION
Priority: Info./Admin./Other
Legal Authority: 5 USC 301 Sec 205(c);
63 Stat 390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A new EPAAR clause will be
developed to report the ownership
category of offerers. This clause would
be similar to the FAR clause at 52.219-
1 (ALT II). The information obtained
will be used to provide outreach
initiatives for future awards to those
ownership categories that lack EPA
awards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/23/00 65 FR 39115
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4396
Agency Contact: Frances Smith,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4368.
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA69
3486. ADMINISTRATIVE
CORRECTIONS TO EPAAR 1515,
CONTRACTING BY NEGOTIATION
Priority: Info./Admin./Other
Legal Authority: 5 USC 301; 205(c) 63
Stat 390 as amended
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Administrative corrections
will be made to EPAAR 1515 for
clarification purposes.
Timetable:
Action
Date
FR Cite
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4400
Agency Contact: Leigh Pomponio,
Environmental Protection Agency,
Administration and Resources
Management, 3802R, Washington, DC
20460
Phone: 202 564-4364
Fax: 202 565-2475
Email:
pomponio.leigh@epamial.epa.gov
RIN: 2030-AA73
3487. GUIDELINES FOR CARCINOGEN
RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not applicable
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency will use these
guidelines to evaluate suspect
carcinogens in line with the policies
and procedures established in the
statutes administered by the EPA.
These guidelines revise and replace
EPA Guidelines for Carcinogen Risk
Assessment published at 51 FR 33992,
September 24,1986. These guidelines
provide EPA staff and decisionmakers
with the directions and perspectives
necessary to develop and use risk
assessments. The guidelines also
provide the general public with basic
information about the Agency's
approaches to risk assessment.
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory decisionmaking. On the
other hand, innovation is necessary so
the Agency will base its decisions on
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
Timetable:
Action
Date
FR Cite
Reproposed 04/23/96 61 FR 17960
Guidelines
Implementation Policy 06/25/96 61 FR 32799
Final Guidelines 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3671
Agency Contact: William Wood,
Environmental Protection Agency,
Office of Research and Development,
8103, Washington, DC 20460
Phone: 202 564-3358
RIN: 2080-AA06
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74505
Environmental Protection Agency (EPA)
General
Long-Term Actions
3488. • REPORT ON PM2.5 FEDERAL
REFERENCE METHOD FIELD STUDY
Priority: Info./Admin./Other
Legal Authority: Sec. 6102(e) of the
Trans. Equity Act for the 21st Century
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Section 6102(e) of the
Transportation Equity Act for the 21st
Century states:
The Administrator shall conduct a field
study of the ability of the PM2.5
Federal Reference Method to
differentiate those particles that are
larger than 2.5 micrograms (sic) in
diameter. This study shall be
completed and provided to the
Committee on Commerce of the House
of Representatives and the Committee
on Environment and Public Works of
the United States Senate no later than
2 years from the date of enactment of
this Act.
In response to this requirement, a
report as titled above has been prepared
by the Research Triangle Institute,
under Contract Number 68-D5-0040, for
the National Exposure Research
Laboratory.
While the concern about the ability of
the Federal Reference Method to
function as asserted is understandable,
extensive data from multiple laboratory
and field tests establish that the Federal
Reference Method effectively
differentiates between particles larger
and smaller than 2.5 micrometers in
diameter. This report addresses the
concerns of section 6102(e) by
discussing the design of the Federal
Reference Method, the bimodal nature
of ambient aerosols, and results of
laboratory and field tests of the
behavior of the Final Rulemaking. The
report is organized into four main
sections: (l) background, (2) laboratory
evaluations, (3) field evaluations, and
(4) conclusions.
Timetable:
Action
Date FR Cite
Report to Congress To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4427
Legal Deadline Information: Section
6102(e) of the Transportation Equity
Act for the 21st Century states that the
Report shall be submitted to Congress
no later than 2 years from the date of
enactment of the Act.
Agency Contact: Frank McElroy,
Environmental Protection Agency,
Office of Research and Development,
MD-46, Washington, DC 20460
Phone: 919 541-2622
Fax: 919 541-7953
Email: mcelroy.frank@epa.gov
RIN: 2080-AA09
Environmental Protection Agency (EPA)
General
Completed Actions
3489. PUBLIC INFORMATION AND
CONFIDENTIALITY REGULATIONS
Priority: Substantive, Nonsignificant
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
Completed:
Reason
Date
FR Cite
Transferred to RIN
2025-AA02
08/22/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Alan Margolis
Phone: 202 564-5438
Fax: 202 260-8550
Email: margolis.alan@epa.gov
Rebecca Moser
Phone: 202 260-6780
Fax: 202 260-8550
Email: moser.rebecca@epa.gov
RIN: 2020-AA21
3490. REWRITING OF EPA
REGULATIONS IMPLEMENTING THE
FREEDOM OF INFORMATION ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 2
Completed:
Reason
Date
FR Cite
Transferred to RIN 08/22/00
2025-AA04
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Jeralene Green
Phone: 202 260-1050
Fax: 202 260-8550
Email: green.jeralene@epa.gov
RIN: 2020-AA40
3491. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Transferred to RIN
2025-AA07
08/22/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: Evi Huffer
Phone: 202 260-8791
Fax: 202 401-0182
Email: huffer.evi@epa.gov
David Schwarz
Phone: 202 260-2710
Fax: 202 401-0182
Email: schwarz.david@epa.gov
RIN: 2020-AA41
3492. DISPLAY OF EPA OFFICE OF
INSPECTOR GENERAL HOTLINE
POSTER
Priority: Info./Admin./Other
CFR Citation: 48 CFR 1503; 48 CFR
1552
Completed:
Reason
Date
FR Cite
NPRM 05/04/00 65 FR 25899
Final Action 09/21/00 65 FR 57103
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Larry Wyborski
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74506 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—General
Completed Actions
Phone: 202 564-4369
Fax: 202 565-2475
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA71
3493. RATIFICATION AND
DEBARMENT/SUSPENSION
PROCEDURES, EPAAR 1509.4
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date
FR Cite
Direct Final Rule
06/14/00 65 FR 37299
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Larry Wyborski
Phone: 202 564-4369
Fax: 202 565-2475
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA72
3494. REVISION TO AWARD FEE
CLAUSES, 1552.216-70 AND 1552.216-
75
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date FR Cite
Direct Final Rule
05/18/00 65 FR 31498
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jean Rellins
Phone: 202 564-4434
Fax: 202 565-2475
Email: rellins.jean@epamail.epa.gov
RIN: 2030-AA74
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3495. NEW SOURCE REVIEW (NSR)
IMPROVEMENT
Regulatory Plan: This entry is Seq. No.
Ill in Part II of this issue of the
Federal Register.
RIN: 2060-AE11
3496. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7601; 42 USC
7541
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 06/00/01
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Local,
Federal, State
Additional Information: SAN No. 3263
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE20
3497. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
3498. METHOD 301: FIELD
VALIDATION OF POLLUTION
MEASUREMENT METHODS FOR
VARIOUS MEDIA; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
PL 101-549; 42 USC 7410 et seq
Priority: Substantive, Nonsignificant CFR citation: 40 CFR 60; 40 CFR 63
Legal Authority: 42 USC 7511(a)(2)(b);
42 USC 7511(a)(2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3262
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
RIN: 2060-AE22
Legal Deadline: None
Abstract: After promulgation of
Method 301, questions were raised
about the statistical calculations and
the procedure for determining the
quality of the data. This rule will
clarify those rule provisions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 3407
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AFOO
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74507
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3499. OPERATING PERMITS:
REVISIONS (PART 70)
Regulatory Plan: This entry is Seq. No.
112 in Part II of this issue of the
Federal Register.
RIN: 2060-AF70
3500. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings.
This amendment will improve the
precision of Method 24 for water-based
coatings.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3649
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-5374
Fax: 919 541-1039
RIN: 2060-AF72
3501. SERVICE INFORMATION
AVAILABILITY
Priority: Other Significant
Legal Authority: 42 USC 7521 (m)
CFR Citation: 40 CFR 86
Legal Deadline: None
Abstract: This rule will require
manufacturers of automobiles to
provide necessary information needed
to make use of emission control
diagnostic systems as well as that
needed to make emission-related
diagnosis and repairs by any person
engaged in the repairing or servicing
of motor vehicles or motor vehicle
engines. This will allow independent
service repair garages, individual
owners, parts manufacturers, etc., to
have access to emission control
information to better service
automobiles and ensure clean air
compliance requirements.
Timetable:
Action
Date
FR Cite
NPRM 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3741
Agency Contact: Holly Pugliese,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
RIN: 2060-AG13
3502. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Regulatory Plan: This entry is Seq. No.
113 in Part E of this issue of the
Federal Register.
RIN: 2060-AG52-
3503. NESHAP: CELLULOSE
PRODUCTION MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (NESHAPs) by
establishing maximum achievable
control technology (MACT) for facilities
manufacturing cellulose ether,
carboxymethyl cellulose ether, methyl
cellulose ether, cellulose food casing,
cellulosic sponges, producing rayon,
and producing cellophane. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, product
washing operations, material storage
tanks, and film drying. The scope of
the rule has not been determined.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3970
Project combined with SAN 3963
Sectors Affected: 325221 Cellulosic
Organic Fiber Manufacturing; 326113
Unsupported Plastics Film and Sheet
(except Packaging) Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Bill Schrock, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
RIN: 2060-AH11
3504. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (HAP) by
establishing maximum achievable
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74508 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
control technology (MACT) for
municipal solid waste landfills. MACT
standards are under development to
reduce the release of HAP from all
industries to protect the public health
and environment. The scope of the rule
has not been determined. This project
is now scheduled to start in fiscal year
1998. The initial stage of this project
is to gather preliminary information on
landfills to establish a presumptive
MACT. That work will be followed by
development of a regulatory package to
propose and promulgate a MACT
standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3969
Sectors Affected: 562212 Solid Waste
Landfill
Agency Contact: Michele Laur,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5256
Fax: 919 541-0246
Email: laur.michele@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13
3505. TRANSPORTATION
CONFORMITY RULE AMENDMENT:
CLARIFICATION OF TRADING
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CAA sec 176(c)
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. The Open Market
Trading Guidance provides guidance to
States for establishing a method to
quantify emissions reductions (called
discrete emissions reductions or DERs)
that can be traded among parties and
how such trading should occur. This
action will amend the transportation
conformity rule to clarify how
emissions trading could be reconciled
in the conformity process.
Timetable:
Action
Date
FR Cite
NPRM 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 3917
Agency Contact: Laura Voss,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4858
Fax: 734 214-4531
Email: voss.laura@epa.gov
RIN: 2060-AH31
3506. 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
NPRM
Final Action
09/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3910
Agency Contact: David Goodi,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4480
RIN: 2060-AH34
3507. REVIEW OF MINOR NEW
SOURCES AND MODIFICATIONS IN
INDIAN COUNTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7410
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
and major stationary sources of air
pollution in Indian country. Pursuant
to the Tribal Air Rule, eligible Indian
Tribes may receive EPA authorization
to develop and implement such
programs. The Federal NSR permitting
programs would be effective throughout
Indian country and would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization, to manage such
programs. The proposed Federal minor
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, or (3) existing major
sources undergoing minor modification.
The proposed rule also would allow
new or existing stationary sources to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permit
program. The proposed Federal major
NSR rule would require sources in
nonattainment areas in Indian country
to obtain a permit prior to construction
if they are: (1) new major sources, or
(2) existing major sources undergoing
major modification. These rules would
not impose any mandates on Tribal
governments to implement NSR
permitting programs. Tribal
governments may be affected, however,
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74509
EPA—Clean Air Act (CAA)
Proposed Rule Stage
insofar as they own or operate sources
that must obtain a permit from the EPA
under the final Federal permitting
program regulations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/01
07/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975
Agency Contact: Sara Terry,
Environmental Protection Agency, Air
and Radiation, MD-11, Research
Triangle Park, NC 27711
Phone: 919 541-7576
Fax: 919 541-7925
Email: terry.sara@epa.gov
Michele Dubow, Environmental
Protection Agency, Air and Radiation,
MD-12, Research Triangle Park, NC
27711
Phone: 919 541-3803
Fax: 919 541-5509
Email: dubow.michele@epa.gov
RIN: 2060-AH37
3508. FEDERAL MAJOR NEW
SOURCE REVIEW (NSR) PROGRAM
FOR NONATTAINMENT AREAS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 124; 40 CFR
51.165; 40 CFR 52.10; 40 CFR 52.24
Legal Deadline: None
Abstract: The Clean Air Act (Act) (title
I, part D) requires that construction
permit programs for new or modified
major stationary sources of air pollution
be established for areas not attaining
the NAAQS. This action will add
Federal rules at 40 CFR 52.10 for
permitting the construction of new or
modified major stationary sources in
certain nonattainment areas where
State, local, or tribal rules in whole or
in part are not in place that meet the
statutory permitting requirements.
These rules will basically incorporate
the requirements for State
nonattainment NSR permit programs,
codified at 40 CFR 51.165(a), with
supplemental provisions added to make
explicit the permit requirements of
section 173 of the Act and certain long-
standing policies regarding
nonattainment NSR permitting. This
action will also change 40 CFR 52.24
to specify that the requirements of 40
CFR 52.10 govern any permits issued
in certain nonattainment areas where
acceptable nonattainment NSR rules are
not in place. Changes to 40 CFR part
124 will specify that the permit
processing, public participation, and
permit appeal requirements that
otherwise apply to Federal PSD
permitting will also apply, in most
cases, to Federal nonattainment NSR
permitting under 40 CFR 52.10.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/01
07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4046
Agency Contact: David Svendsgaard,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epa.gov
RIN: 2060-AH53
3509. NESHAP: COKE OVENS:
PUSHING, QUENCHING, AND
BATTERY STACKS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: There are currently 25 active
domestic coke plants, 20 of which are
furnace coke plants and 5 of which are
foundry coke plants. Coke oven
batteries used to produce metallurgical
coke at these plants emit hazardous air
pollutants (HAPs) such as coke oven
emissions and polycyclic organic
matter listed in section 112 of the Clean
Air Act (CAA). This action will
establish a National Emission Standard
for Hazardous Air Pollutants (NESHAP)
for three specific operations associated
with coke ovens, namely pushing,
quenching, and battery stacks.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4022
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Lula Melton, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
RIN: 2060-AH55
3510. RULEMAKING TO MODIFY THE
LIST OF SOURCE CATEGORIES
FROM WHICH FUGITIVE EMISSIONS
ARE CONSIDERED IN MAJOR
SOURCE DETERMINATIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7602 CAA sec
302(j)
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: This rulemaking will modify
the list of source categories for which
fugitive emissions are to be considered
in major source determinations under
the New Source Review (Prevention of
Significant Deterioration and
Nonattainment New Source Review)
and title V programs. As provided by
section 302(j) of the Act, EPA adopted
rules on August 7, 1980, that require,
for specific source categories, the
inclusion of fugitive emissions when
determining if a stationary source is a
major source. In its 1980 rulemaking,
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74510 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
EPA identified one such specific source
category as those stationary source
categories being regulated, as of August
7, 1980, under section 111 or 112 of
the Clean Air Act. Moreover, EPA
indicated that at the time of any future
rulemaking proposing to regulate
additional categories of sources under
section 111 or 112, the EPA would
conduct a parallel rulemaking under
section 302(j) to determine whether
fugitive emissions from sources within
these source categories needed to be
considered in determining whether the
sources were major stationary sources.
EPA did not conduct these parallel
rulemakings as intended and is now
conducting a rulemaking pursuant to
section 302(j) to address the source
categories which became subject to
section 111 and 112 standards after
August 7, 1980.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/01
06/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4045
Agency Contact: Joanna Swanson,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5282
Fax: 919 541-5509
Email: swanson.joanna@epa.gov
RIN: 2060-AH58
3511. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOWANCE SYSTEM FOR
CONTROLLING HCFC PRODUCTION,
IMPORT & EXPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 82.5(h); 40 CFR
82.6(h); 40 CFR 82.8
Legal Deadline: None
Abstract: The Stratospheric Protection
Division currently oversees an
allowance allocation system for the
class I ozone-depleting substances. An
allowance allocation system for class II
ozone-depleting substances or
hydrochloroflurocarbons (HCFCs) had
not been established prior to 1998
because consumption figures had
hovered around 80 percent of the cap
imposed by the Montreal Protocol in
1992. The HCFC consumption figures
for 1999 indicate that the United States
is within 95 percent of the cap. Since
the United States is in danger of
violating this cap if high HCFC
consumption rates continue into 2000,
the system for allocating allowances
must be in place as soon as possible
in order to control HCFC consumption
for all four quarters of 2001.
Timetable:
Action Date FR Cite
ANPRM
NPRM
04/04/99 64 FR 16373
10/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4120
Additional Deadline: Montreal Protocol.
The Protocol requires compliance with
formulary caps of all parties'
consumption and production of HCFCs.
The ANPRM is available on the Internet
at:
http://www.epa.gov/fedrgstr/EPA-AER/
1999/April/Day-05/a8258.htm.
Agency Contact: Sue Stendebach,
Environmental Protection Agency, Air
and Radiation, 6205-J, Washington, DC
20460
Phone: 202 564-9117
Fax: 202 565-2093
Email: stendebach.sue@epa.gov
Vera Au, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
RIN: 2060-AH67
3512. NESHAP: FUMED SILICA
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
Section 112;EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Fumed silica is produced at
four facilities is three States. There is
no NSPS for the source category. Based
on preliminary results of a screening
study, the source category emits
chlorine, HC1, and chlorinated organics.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4111
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Jeff Telander, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
RIN: 2060-AH72
3513. NESHAP: HYDROCHLORIC ACID
PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12291; EO 12866
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires the EPA
to develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator of the EPA. The
EPA has determined that some
hydrochloric acid plants may be major
sources for one or more HAPs. As a
consequence, a regulation (emission
standards] will be developed for the
hydrochloric acid production industry.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74511
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4104
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing;
325199 All Other Basic Organic
Chemical Manufacturing; 325181
Alkalies and Chlorine Manufacturing;
325188 All Other Basic Inorganic
Chemical Manufacturing
Agency Contact: Bob Way land,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AH75
3514. NESHAP: ASPHALT/COAL TAR
APPLICATION ON METAL PIPES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the
application of asphalt or coal tar to
metal pipes may reasonably be
anticipated to emit several of the 189
HAPs listed in section 112(b) of the
CAA. As a consequence, a regulatory
development program is being pursued
for the asphalt/coal tar application on
metal pipes industry to promulgate
emission standards.
Timetable:
Action
Date FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4107
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: Bill Neuffer,
Environmental Protection Agency, Air
and Radiation, MD-13, Washington, DC
20460
Phone: 919 541-5435
Fax: 919 541-5600
Email: neuffer.bill@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
RIN: 2060-AH78
3515. NESHAP: CLAY MINERALS
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act (CAA), as
amended in 1990, requires the EPA to
(1) publish an initial list of all
categories of major and area sources of
the hazardous air pollutants (HAPs)
listed in section 112(b) of the CAA, (2)
promulgate a schedule establishing a
date for the promulgation of emission
standards for each of the listed
categories of HAPs emission sources,
and (3) develop emission standards for
each source of HAPs. These standards
are to be technology-based and are to
require the maximum degree of
emission reduction determined to be
achievable by the Administrator. The
Agency has determined that the clay
products manufacturing industry may
reasonably be anticipated to emit
several of the 189 HAPs listed in
section 112(b) of the CAA. As a
consequence, a regulatory development
program is being pursued for the clay
products manufacturing industry to
promulgate emission standards. EPA
plans to propose four separate
standards for the clay products
manufacturing industry (see 64 FR
63028, 11/18/99). This action will
propose and promulgate standards for
the clay minerals processing portion of
the industry.
Timetable:
Action
NPRM
Final Action
Date
05/00/01
05/00/02
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4113
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
Agency Contact: Kent Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Steve Shedd, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
RIN: 2060-AH79
3516. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the administrator of the EPA. The
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74512 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the polyvinyl chloride industry, to
be promulgated by November 15, 2000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/00
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4114
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Warren Johnson Jr., Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
RIN: 2060-AH82
3517. NESHAP: URANIUM
HEXAFLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project will develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP) which
can be emitted by the two known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project will begin in 2000. Initially,
information on the industry processes
and emissions of HAP will be analyzed
to identify available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Timetable:
Action
Date FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4098
Sectors Affected: 331419 Primary
Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum)
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Bill Neuffer, Environmental Protection
Agency, Air and Radiation, MD-13,
Washington, DC 20460
Phone: 919 541-5435
Fax: 919 541-5600
Email: neuffer.bill@epa.gov
RIN: 2060-AH83
3518. PERFORMANCE
SPECIFICATION 16 - SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411 CAA
section 111
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines).
Timetable:
Action Date FR Cite
NPRM 01/00/01
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119
Sectors Affected: 33241 Power Boiler
and Heat Exchanger Manufacturing;
333611 Turbine and Turbine Generator
Set Unit Manufacturing; 333618 Other
Engine Equipment Manufacturing;
336399 All Other Motor Vehicle Parts
Manufacturing
Agency Contact: William H. Lamason,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5374
Foston Curtis, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-1063
RIN: 2060-AH84
3519. TECHNICAL CHANGE TO DOSE
METHODOLOGY FOR 40 CFR 191,
SUBPART A
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
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
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74513
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Commission on Radiological Protection
(ICRP) in Report No. 2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
No. 26. This action would update the
40 CFR 191, subpart A dose limits
published in 1985 from the target organ
to the state-of-the-art effective dose
equivalent system. There would be no
change in the level of protection, just
the scientific methodology for
determining compliance with the levels
of protection established in 1985.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/00
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4003
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9198
Fax: 202 565-2065
Email: clark.ray@epa.gov
RIN: 2060-AH90
3520. DECISION ON A PETITION
FROM THE TERRITORY OF
AMERICAN SAMOA TO BE
EXEMPTED FROM THE GASOLINE
ANTI-DUMPING REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7625-l(a)(l)
CAAA
CFR Citation: 40 CFR 80.90 to 80.130
Legal Deadline: None
Abstract: EPA will decide whether to
grant American Samoa's petition to be
exempted from meeting the regulations
at 40 CFR 80 that require all
conventional gasoline sold in the U.S.
to not be more polluting than it was
in 1990—called the "gasoline anti-
dumping regulations." These
regulations were promulgated to
prevent gasoline refiners and
distributors from "dumping" pollutants
into conventional gasoline that are
prohibited in the manufacture of
reformulated gasoline. American Samoa
(and other U.S. territories) are allowed
under Clean Air Act (CAA) section
325(a) to petition the Administrator for
exemption from certain CAA
requirements if such compliance is not
feasible or is unreasonable due to
unique geographical, meteorological, or
economic factors of such territory, or
other local factors deemed significant.
Timetable:
Action Date FR Cite
NPRM 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4333
Agency Contact: Lori Stewart,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9028
Fax: 202 565-2084
Email: shields.mike@epa.gov
Marilyn W. McCall, Environmental
Protection Agency, Air and Radiation,
6406J, Washington, DC 20460
Phone: 202 564-9029
Fax: 202 564-2085
Email: mccall.mwinstead@epa.gov
RIN: 2060-AI60
3521. • RULEMAKING ON SECTION
126 PETITIONS FROM NEW YORK
AND CONNECTICUT REGARDING
SOURCES IN MICHIGAN
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 75;
40 CFR 97
Legal Deadline: None
Abstract: The EPA is proposing to
revise the section 126 rule in light of
the March 3, 2000 Court decision
(Michigan v. EPA, No. 98-1497) on the
NOx SIP Call. The court vacated, and
remanded to EPA for further
consideration, the inclusion of Georgia
and Missouri in the NOx SIP Call in
light of the Ozone Transport
Assessment Group conclusions that
emissions from coarse grid portions of
States did not merit controls. The
reasoning of the Court regarding the
significance of NOx emissions from
sources in Georgia and Missouri calls
into question the inclusion of the
coarse grid portion of Michigan in the
NOx SIP Call. In a separate proposal
on the NOx SIP Call, EPA is proposing
to withdraw the NOx SIP Call
requirements for the Michigan coarse
grid area. The section 126 rule is based
on many of the same analyses and
information used for the NOx SIP call
and covers part of Michigan. Thus, in
light of the court ruling, EPA is
proposing to withdraw its section 126
findings and control requirements
under the 1-hour ozone standard with
respect to sources located in the small
part of the coarse grid portion of
Michigan that is currently covered by
the section 126 rule. The EPA has not
identified any existing section 126
sources that would be affected by the
proposal, however this proposal would
eliminate findings and control
requirements for new sources locating
in the coarse grid. This proposal does
not create any new requirements, thus
there are no associated costs. The
proposal does not raise any novel legal
or policy issues. It is consistent with
the Court ruling on the NOx SIP Call
and EPA's new proposed action on the
NOx SIP Call.
Timetable:
Action
Date
FR Cite
NPRM
10/00/00
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4464
Split from RIN 2060-AH88.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AJ36
3522. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Regulatory Plan: This entry is Seq. No.
110 in Part II of this issue of the
Federal Register.
RIN: 2060-AA61
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74514 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3523. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Regulatory Plan: This entry is Seq. No.
114 in Part II of this issue of the
Federal Register.
RIN: 2060-AG63
3524. NESHAP: COMBUSTION
TURBINE
Regulatory Plan: This entry is Seq. No.
115 in Part II of this issue of the
Federal Register.
RIN: 2060-AG67
3525. NESHAP: IRON FOUNDRIES
AND STEEL FOUNDRIES
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, See additional
information.
Abstract: Iron foundries and steel
foundries have been identified by the
EPA as potentially significant sources
of air emissions of manganese
compounds, lead compounds, and
other substances that are among the
pollutants listed as hazardous air
pollutants in section 112 of the Clean
Air Act, as amended in November of
1990. As such, these industries may be
source categories for which national
emission standards may be warranted.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 3343
EPA is required to promulgate
standards for all of the source
categories listed in accordance with
section 112(e) by November 15, 2000.
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Jim Maysilles, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-3265
Fax: 919 541-5600
Email: maysilles.jim@epa.gov
RIN: 2060-AE43
3526. NESHAP: INTEGRATED IRON
AND STEEL
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act, as
amended November 1990, requires the
EPA to regulate categories of major and
area sources of hazardous air pollutants
(HAP). The EPA has determined that
integrated iron and steel mills emit
several of the 188 HAP listed
(including compounds of chromium,
lead, manganese, toluene, and
polycyclic organic matter) in quantities
sufficient to designate them as major
sources. As a consequence, integrated
iron and steel facilities are among the
HAP-emitting source categories selected
for regulation.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3346
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE48
3527. NESHAP: REINFORCED
PLASTIC COMPOSITES PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Project is to develop a
NESHAP for the source category which
involves the manufacture of composite
products involving thermoset resins
and reenforcements. Some of the
specific products in the source category
are tubs/showers, auto/truck parts,
appliances, furniture, piping,
construction materials, sporting goods
using such materials, and intermediate
compounds such as bulk molding
compound and sheet molding
compounds. The most common HAP in
the resins used is styrene, which is
present in polyester and vinylester
resins as a monomer. Styrene is listed
as a candidate urban area source HAP.
So is methylene chloride, which is
sometimes used for cleaning, and
xylenes, which may appear in some
mold release formulas. All HAP, except
for methylene chloride, are also VOCs.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
06/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3326
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-3470
Email: barnett.keith@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE79
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74515
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3528. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: MISCELLANEOUS
ORGANIC CHEMICAL
MANUFACTURING AND
MISCELLANEOUS COATING
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This regulation will cover
organic chemical manufacturing
processes not covered by the HON or
other MACT standards. The regulation
will control process vents (continuous
and batch, including mixing
operations), equipment leaks, storage
tanks, wastewater, solvent recovery,
and heat exchange systems.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3452
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Randy McDonald, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
RIN: 2060-AE82
3529. NESHAP: CHLORINE
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The chlorine production
source category includes facilities
engaged in the production of chlorine
and sodium hydroxide (caustic) by one
of the following electrolytic processes:
diaphragm cell, membrane cell, and
mercury cell. Hazardous air pollutants
(HAPs) emitted include chlorine,
hydrogen chloride, and mercury. None
of the facilities are major sources on
their own. However, several are co-
located with major sources (e.g., pulp
and paper plants, polymer plants,
synthetic organic chemical plants, etc.).
Emissions of chlorine and hydrogen
chloride are very minor and the Agency
is evaluating whether regulation of
these HAPs is warranted. Relative to
mercury, which is among five
pollutants listed for regulation under
section 112(c)(6) due to their persistent
and bioaccumulative effects, the
Agency intends to subject to regulation
under section 112(d)(2) all mercury cell
facilities regardless of major source
status.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3449
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE85
3530. AMENDMENTS TO GENERAL
PROVISIONS SUBPARTS A AND B
FOR 40 CFR 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112; PL 101-549
CFR Citation: 40 CFR 63.1-15; 40 CFR
63.50-56
Legal Deadline: None
Abstract: The General Provisions
(subpart A) were promulgated on
March 16, 1994 (59 FR 12408). The
General Provisions create the technical
and administrative framework and
establish general procedures and
criteria for implementing MACT
standards. On May 16, 1994, six
litigants filed petitions for EPA to
review certain provisions of the General
Provisions. Subpart B, the procedures
for implementing section 112(j), were
promulgated on May 26, 1994. In June,
1994 litigants filed petitions for EPA
to review the promulgated procedures.
As a result of the litigation, it is
anticipated that a number of technical
and administrative amendments to
subpart A and B will be proposed.
Timetable:
Action
Date FR Cite
NPRM 12/00/00
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3551
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Rick Colyer, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
RIN: 2060-AF31
3531. NESHAP: PAINT STRIPPING
OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
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74516 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
hazardous air pollutants (HAPs) listed
in section 112 (b) of the Act and to
establish and meet dates for
promulgation of emission standards for
each of the listed categories of HAP
emission sources. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The EPA has
determined that paint" stripping
operations emit at least one of the
HAPs listed in section 112(b) of the
Act, specifically methylene chloride. As
a result, the source category is included
on the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Clean Air Act Amendments of 1990.
The purpose of this action is to begin
a regulatory development program such
that any emission standards may be
promulgated according to the mandated
schedule. It is unknown now whether
this action will impact small
businesses.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3746
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, RTP, NC 27711
Phone: 919 541-5340
Fax: 919 541-0942
Email: pagan.jaime@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG26
3532. NESHAP: TIRE
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This is a 10-year MACT
covering the HAP emissions from the
manufacturing of rubber tires. The
emission sources associated with the
rubber compound mixing (banbury);
extruding; calendaring; building; curing
and finishing are covered in this
MACT. Forty-one facilities have been
initially identified. This includes
approximately 35 facilities of at least
10 tpy and 26 facilities of at least 25
tpy. Emissions are primarily associated
with rubber processing and the use of
HAP-bearing solvent and cements.
Several facilities have eliminated
through substitution much of the HAP-
bearing solvent and cements. However,
evaluation of the MACT and separation
of the rubber processing emissions from
HAP-bearing solvents and cement will
reduce the number of affected facilities
to about 30. In addition, the tire cord
coating operations will also be
included. Typically these facilities are
separate non-colocated operations. The
major pollutant associated with tire
cord is formaldehyde. There are
approximately 12 affected major
facilities
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3749
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG29
3533. PETROLEUM SOLVENT DRY
CLEANERS MAXIMUM ACHIEVABLE
CONTROL TECHNOLOGY (MACT)
STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Clean Air Act
Amendments and to establish and meet
dates for promulgation of emission
standards for each of the listed
categories of HAP emission sources.
The standards are to be technology-
based and are to require the maximum
degree of emission reduction
determined to be achievable by the
Administrator. The EPA has
determined that the petroleum solvent
dry cleaning industry emits several
HAPs listed in section 112(b) of the
Act; these HAPs are: chlorobenzene,
cumene, ethyl benzene, polycyclic
organic matter, toluene, and xylene. As
a result, the source category is included
on the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Clean Air Act Amendments of 1990.
The purpose of this action is to begin
a regulatory development program such
that any emission standards may be
promulgated according to the mandated
schedule. It is anticipated that this
action will impact small business, but
the extent of that impact has not yet
been determined.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3754
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG34
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74517
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3534. NESHAP: LARGE APPLIANCE
(SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of large appliance
products and parts. This regulation will
reduce nationwide emissions of HAPs
from surface coating of large
appliances, a measure required by
section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3823
Sectors Affected: 335222 Household
Refrigerator and Home Freezer
Manufacturing; 335221 Household
Cooking Appliance Manufacturing;
335224 Household Laundry Equipment
Manufacturing; 335212 Household
Vacuum Cleaner Manufacturing;
333298 All Other Industrial Machinery
Manufacturing; 335228 Other Major
Household Appliance Manufacturing;
336391 Motor Vehicle Air-Conditioning
Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Mohamed Serageldin, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
RIN: 2060-AG54
3535. NESHAP: MISCELLANEOUS
METAL PARTS AND PRODUCTS
(SURFACE COATING)
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will control
emissions of hazardous air pollutants
(HAPs) from operations that apply
surface coatings to metal parts and
products. Although this rule would
cover a wide variety of coating
operations, it would not apply to
specific coating operations for which
regulations have been developed (e.g.,
plastic parts coating, can coating, large
appliance coating, etc.). This regulation
is required under section 112 of the
Clean Air Act of 1990.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State
Additional Information: SAN No. 3825
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Bruce Moore, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5689
Email: moore.bruce@epa.gov
RIN: 2060-AG56
3536. NESHAP: ASPHALT ROOFING
AND PROCESSING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The CAA required EPA to
publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the asphalt roofing and
processing industry may be reasonably
anticipated to emit one of the
pollutants listed in section 112(b) of the
CAA. As a consequence, the source
category is included on the initial list
of HAP-emitting categories scheduled
for standards promulgation within ten
years of enactment of the CAA
Amendments of 1990. The purpose of
this action is to pursue a regulatory
development program such that
emission standards may be proposed
and promulgated according to the
mandated schedule.
Timetable:
Action
Date FR Cite
NPRM
Interim Final
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3655
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Tony Wayne, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AG66
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74518 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3537. NESHAP: REFRACTORIES
MANUFACTURING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act requires
EPA to publish an initial list of all
categories of major and area sources of
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act and to
establish and meet dates for
promulgation of emission standards for
each of the listed categories of HAP
emission sources. The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the Administrator. The refractory
products manufacturing source category
is included on the initial list of HAP-
emitting categories scheduled for
promulgation within ten years of
enactment of the Clean Air Act
Amendments of 1990. Testing
conducted and information obtained to
date indicate 22 major sources exist in
this source category and will be
affected by this rulemaking. The EPA
has determined that the refractory
products manufacturing industry emits
HAPs including chromium compounds,
ethylene glycol, phenol, methanol,
hydrochloric acid, formaldehyde,
polycyclic organic matter (POM) and
hydrogen fluoride; eight of the 189
HAPs listed in section 112 of the Act.
Impacts on small businesses and on
State/local/tribal governments will be
assessed.
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
RIN: 2060-AG68
3538. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Regulatory Plan: This entry is Seq. No.
116 in Part II of this issue of the
Federal Register.
RIN: 2060-AG69
3539. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
5 USC 605; 44 USC 350 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act Amendments of 1990 requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants (HAPs). The
standards are to be technology-based
and are to require the maximum degree
of emission reduction determined to be
achievable by the Administrator of the
EPA. The EPA has determined that
some lime manufacturing plants may be
major sources for one or more HAPs.
As a consequence, a regulation
(emission standards) is being developed
for the lime manufacturing industry.
Timetable:
Phone: 919 541-5596
RIN: 2060-AG72
Action
Date FR Cite
Timetable:
Action
Date FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3651
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3652
Agency Contact: Susan Zapata,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5167
Fax: 919 541-5600
Email: zapata.susan@epa.gov
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
3540. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This rule will establish a
MACT (maximum available control
technology) for semiconductor
production facilities. There are
currently 3 major sources that would
be affected by the NESHAP. This action
will result in little or no additional
emission reduction but will establish a
Federal MACT level for large facilities.
EPA is evaluating whether there will
continue to be major sources in this
category before proceeding with rule
development.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3902
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG93
3541. NESHAP: METAL CAN
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74519
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal can industry. The
Agency will study what pollutants are
emitted and evaluate the control
techniques, including pollution
prevention, that are used to reduce
these emissions. The Agency will also
determine what, if any, impact the rule
would have on small businesses.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3906
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Paul A. Almodovar, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
RIN: 2060-AG96
3542. NESHAP: FABRIC PRINTING,
COATING AND DYEING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted from fabric printing,
coating, and dyeing. The Agency will
identify and study the types and
sources of HAP emissions from these
processes, and evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3909
Sectors Affected: 3133 Textile and
Fabric Finishing and Fabric Coating
Mills
Agency Contact: Vinson Hellwig,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2317
Fax: 919 541-5689
Email: hellwig.vinson@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG98
3543. NESHAP: AUTOMOBILE AND
LIGHT-DUTY TRUCK
MANUFACTURING (SURFACE
COATING)
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAPs) emitted from the coatings used
by the automobile and light-duty truck
manufacturing industry. The Agency
will study the HAP emitted by the
industry and will evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
NPRM
Final Action
04/00/01
04/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 3907
Agency Contact: Dave Salman,
Environmental Protection Agency, Air
and Radiation, (MD-13), Research
Triangle Park, NC 27711
Phone: 919 541-0859
Email: salman.dave@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG99
3544. NESHAP: PRIMARY
MAGNESIUM REFINING
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act (Act), as amended November 1990,
requires the EPA to regulate categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b). The EPA has determined that
sources that manufacture primary
magnesium may reasonably be
anticipated to emit several of the 189
HAPs listed (including chlorine and
hydrochloric acid) in quantities
sufficient to designate them as a major
source. As a consequence, primary
magnesium refining is among the HAP
emitting source categories selected for
regulation and is in the group of
categories for which final rules are
scheduled to be promulgated by
November 15, 2000 (58 FR 63941,
December 3, 1993).
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3924
Agency Contact: Iliam Rosario,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5308
Fax: 919 541-5600
Email: rosario.iliam@epa.gov
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74520 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000 / Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH03
3545. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Final standards under section
112(d) for chromium emissions from
hard and decorative chromium
electroplating and chromium anodizing
tanks (40 CFR 63, subpart N) were
promulgated on January 25,1995. Since
promulgation, the Agency has
determined that a class of chromium
electroplating operations were
inadvertently excluded from regulation.
Specifically, the final standards do not
apply to sources engaged in continuous
chromium electroplating of steel sheet
used to make cans and other
containers. It is the Agency's intent to
regulate all facilities engaged in
chromium electroplating. Therefore, the
Agency plans to amend the chromium
electroplating rule to extend its
applicability to continuous chromium
electroplating operations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 2841
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH08
3546. NESHAP: SITE REMEDIATION
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Final, Statutory, November 15, 2000.
Abstract: This rule will specify
maximum achievable control
technology for site remediation.
Hazardous air pollutant emissions from
spills of organic liquids, the excavation,
transportation, and treatment of
contaminated soils and groundwater,
and other operations will be considered
in developing the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3968
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AH12
3547. NESHAP: LEATHER FINISHING
OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000, The Clean Air Act
requires promulgation by 11/15/00.
Abstract: Title III of the Clean Air Act
requires EPA to develop air emission
standards for facilities that emit any of
the 189 hazardous air pollutants. This
action will develop a MACT standard
for sources involved in leather finishing
operations. Facilities involved in these
operations release over 1.7 million
pounds of hazardous air pollutants per
year. Regulation of these facilities will
result in a reduction of the emissions
of hazardous air pollutants, several of
which are highly toxic.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3964
Sectors Affected: 31611 Leather and
Hide Tanning and Finishing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Bill Schrock, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
RIN: 2060-AH17
3548. NESHAP: ROCKET ENGINE
TEST FIRING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAPs). The HAPs are
listed in section 112(b) of the Clean Air
Act. The Rocket Engine Test Firing
source category and the Engine Test
Facilities source category are included
on EPA's list of sources of HAPs. The
Rocket Engine Test Firing source
category includes facilities engaged in
test firing of rocket engines using solid
or liquid propellants. The Engine Test
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74521
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Timetable:
Action Date FR Cite
NPRM
Final Action
02/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3972
Agency Contact: Robert J. Wayland,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
Rick Copland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5265
Fax: 919 541-5450
Email: copland.rick@epa.gov
RIN: 2060-AH35
3549. NESHAP: ORGANIC LIQUIDS
DISTRIBUTION (NON-GASOLINE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants by establishing
maximum achievable control
technology (MACT) for facilities
distributing organic liquids. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAPs) from all industries to
protect the public health and
environment. The EPA has not
determined the scope of this project.
However, this project should include
but is not limited to those activities
associated with the storage and
distribution of organic liquids other
than gasoline at sites that serve as
distribution points from which organic
liquids may be obtained for further use
and processing.
Timetable:
Action
Date
NPRM
Final Action
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
FR Cite Government Levels Affected: None
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3971
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AH41
3550. AMENDMENTS TO PARTS 51,
52, 63, 70 AND 71 REGARDING THE
PROVISIONS FOR DETERMINING
POTENTIAL TO EMIT
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action proposes to
amend regulations already established
to implement the new Federal air toxics
program under section 112, including
the General Provisions, the Federal
operating permit program under title V,
and the major source preconstruction
programs under parts C and D of title
I.
The proposed rule will address issues
related to the determination of a
stationary source's potential to emit in
response to three court decisions.
This action resulted from splitting of
RINs 2060-AC98 and 2060-AC63.
Timetable:
Action
Date
FR Cite
Additional Information: SAN No. 3479
Agency Contact: Lynn Hutchinson,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
Carol Holmes, Environmental
Protection Agency, Air and Radiation,
OECA (2242A), Washington, DC 20460
Phone: 202 260-8709
RIN: 2060-AI01
3551. • NESHAP: AMINO/PHENOLIC
RESINS AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On January 20, 2000, EPA
promulgated the NESHAP for
Manufacturing of Amino/Phenolic
Resins (65 FR 3275). Subsequently, a
petition on the rule was filed by the
Amino and Phenolic Wood Adhesives
Association (APWAA). APWAA objects
to the inclusion of certain equipment
provisions, claiming that they are not
cost effective. Additionally, the litigant
objects to the method in which the
floor for certain process vents was
calculated. This amendment will
address these issues.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/01
12/00/01
NPRM 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4455
Split from RIN 2060-AE36.
Sectors Affected: 325211 Plastics
Material and Resin Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
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74522 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
John Schaefer, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
RIN: 2060-AJ32
3552. METAL FURNITURE (SURFACE
COATING) NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This regulation will apply to
surface coating of metal furniture
products and parts. This regulation will
reduce nationwide emissions of HAPs
from surface coating of metal furniture
products and parts, which is required
under section 112 of the Clean Air Act.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3824
Sectors Affected: 337124 Metal
Household Furniture Manufacturing;
33636 Motor Vehicle Fabric Accessories
and Seat Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing; 337127
Institutional Furniture Manufacturing;
332116 Metal Stamping; 332612 Wire
Spring Manufacturing; 337215
Showcase, Partition, Shelving, and
Locker Manufacturing
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Mohamed Serageldin, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2379
Fax: 919 541-5689
Email: serageldin.mohamed@epa.gov
RIN: 2060-AG55
3553. PLASTIC PARTS (SURFACE
COATING) NESHAP
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would address
the hazardous air pollutants (HAP)
emissions from the coating of plastic
parts. Pollution prevention approaches
will be considered.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3826
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-5689
Email: teal.kim@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG57
3554. NESHAP: WOOD BUILDING
PRODUCTS (SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted by the wood building
product surface coating industry. The
Agency will study the various HAP
emitted by the industry and evaluate
pollution prevention and control
techniques which can reduce these
emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3904
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Luis Lluberas, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2659
Fax; 919 541-5689
Email: lluberas.luis@epa.gov
RIN: 2060-AH02
3555. LOCATION OF SELECTIVE
ENFORCEMENT AUDITS OF FOREIGN
MANUFACTURED VEHICLES AND
ENGINES; AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7525 CAA sec
206(b)
CFR Citation: 40 CFR 86G (Revision);
40 CFR 86K (Revision)
Legal Deadline: None
Abstract: This action would consider
an amendment to the existing
regulations to include ports of entry as
a location for EPA selection of foreign
produced vehicles and engines for SEA
emissions testing at laboratories in the
U.S. While the regulations do not
specify EPA authority to conduct such
port selections, the increased flexibility
provided by port selections warrants
amending the regulations. Presently,
EPA must travel overseas to conduct
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74523
EPA—Clean Air Act (CAA)
Proposed Rule Stage
SEA audits of foreign manufactured
vehicles and engines, even though most
manufacturers now have access to
laboratory facilities in the U.S. The
benefits include a reduction in Agency
cost since fewer overseas trips would
be necessary. Also, EPA would be able
to conduct more audits of foreign
manufactured vehicles and engines.
Separate from the provisions proposed
in this NPRM for amendments to allow
port selection for SEAs, EPA is also
proposing to make two other
amendments to 40 CFR part 86. The
first would amend current Selective
Enforcement Auditing regulations to
change the minimum annual limit of
Selective Enforcement Audits per
manufacturer to two (2) per year.
Currently, the minimum annual limit
is one audit per manufacturer. Under
the proposed amendments EPA would
be able to perform a second audit on
those manufacturers that might
otherwise be limited to one audit.
The second additional proposed
amendment to part 86 would delete
from subparts A and E references to
the Agency representation in certain
types of administrative hearings. The
two provisions state that the Office of
General Counsel will represent the
Agency in administrative procedures
governing hearings on certification for
light-duty vehicles, light-duty trucks,
heavy-duty engines and motorcycles.
The Agency is proposing to delete these
two provisions in order to be consistent
with other hearing procedures in part
86.
Timetable:
Action
Date FR Cite
NPRM
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3139
Agency Contact: Richard Gezelle,
Environmental Protection Agency, Air
and Radiation, 6403J, Washington, DC
20460
Phone: 202 564-9267
RIN: 2060-AD90
3556. REVIEW OF FEDERAL TEST
PROCEDURES FOR EMISSIONS FROM
MOTOR VEHICLES; TEST
PROCEDURE ADJUSTMENTS TO
FUEL ECONOMY AND EMISSION
TEST RESULTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549
CFR Citation: 40 CFR 600; 40 CFR 86
Legal Deadline: None
Abstract: This action considers
potential adjustments to fuel economy
and emission test results to compensate
for test procedure changes previously
adopted; it applies to light-duty
vehicles and light-duty trucks. This
aspect of the previous rulemaking (SAN
3323, RIN 2060-AE27) was deferred.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3979
Agency Contact: R. W. Nash,
Environmental Protection Agency, Air
and Radiation, AAVRAG, Ann Arbor,
MI 48105
Phone: 743 214-4412
RIN: 2060-AH38
3557. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671(g) CAA
sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: The rule will include the
reconsideration of the sales restriction
as it relates to split systems. The
Agency was petitioned to reconsider
the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA •
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians, emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3673
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
RIN: 2060-AG20
3558. PAPER AND OTHER WEB
COATING NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63; 40 CFR 59
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would result in
the reduction of hazardous air
pollutants (HAPs) emitted by the paper
and other web coating industries. The
Agency will study the various HAP and
VOC pollutants emitted by the industry
and will evaluate pollution prevention
and control techniques which can
reduce these emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
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74524 Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3827
Agency Contact: Paul Almodovar,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG58
3559. AMENDMENTS TO VEHICLE
INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS
IMPLEMENTING THE ONBOARD
DIAGNOSTIC CHECK; PROPOSED
AMENDMENT TO THE FINAL RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action proposes
substantive and minor revisions to the
Motor Vehicle Inspection/Maintenance
(I/M) requirements to provide
additional flexibility to state I/M
programs by allowing such programs to
replace traditional I/M tests on model
year 1996 and newer vehicles with a
check of the onboard diagnostic (OBD)
system. Additionally, the proposed
amendments would: Revise and
simplify the failure criteria for the OBD
check; address State Implementation
Plan (SIP) credit modeling for the OBD
check; and allow for limited
exemptions from some OBD check
failure and/or rejection criteria for
certain model years.
Timetable:
Action
Date
FR Cite
NPRM-Amendments 10/00/00
to Vehicle I/M
Program
Requirements for
OBD Checks
Final Rule- 01/00/01
Amendments to
Vehicle I/M Program
Requirements for
OBD Checks
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4385
Agency Contact: Ed Gardetto,
Environmental Protection Agency, Air
and Radiation
Phone: 734 214-4322
Fax: 734 214-4906
Email: gardetto.edward@epa.gov
David Sosnowski, Environmental
Protection Agency, Air and Radiation,
Washington, DC 20460
Phone: 734 214-4823
Fax: 734 214-4906
Email: sosnowski.dave@epa.gov
RIN: 2060-AJ03
3560. NESHAP: GENERIC MACT FOR
CARBON BLACK, ETHYLENE,
CYNAIDE AND SPANDEX
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: Several of the source
categories that are subject to MACT
(maximum achievable control
technology) standards contain only a
few sources (e.g., less than five). For
such categories, EPA plans to develop
a generic MACT standard for these
source categories. Given the relatively
few affected sources caught by the
generic standard, the overall cost and
environmental effects of this action are
expected to be small, nationally.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4105
Sectors Affected: 325182 Carbon Black
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
John Schaefer, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
RIN: 2060-AH68
3561. NESHAP: CHROMIUM
ELECTROPLATING AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Since the promulgation of the
chromium electroplating NESHAP we
have been informed of several sources
that are experiencing difficulty in
complying with the concentration limit
for new sources even though they have
installed and operate composite mesh
pad scrubber technology similar or
identical to that used as the basis for
the MACT emission limit. These
sources operate new state-of-the-art
plating tanks not encountered during
rule development which feature
enclosing hoods that completely cover
the surface of the plating tank. This
covered tank design allows for effective
capture and ventilation at substantially
lower exhaust air flow rates than
otherwise encountered with more
conventional exterior hooding.
Although these sources exceed the new
source standard concentration limit of
0.015 mg/dscm, actual mass rate
emissions are more than 50 percent
lower than would otherwise be
achieved with more conventional
hooding and higher ventilation rates.
The chromium electroplating standard
will be amended to include this
alternative type of control system.
Timetable:
Action
Date FR Cite
NPRM 10/00/00
Final Action 04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74525
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 4115
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5289
Fax: 919 541-5600
Email: mulrine.phil@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AH69
3562. NESHAP: ALUMINA
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857 et seq;
44 USC 350 et seq; 5 USC 605; EO
12866
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emissions standards for each of the
listed categories of HAP emissions
sources. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the alumina processing
industry may be reasonably expected to
emit one of the pollutants listed in
section 112(b) of the CAA. As a
consequence, the source category is
included on the initial list of HAP
emitting categories scheduled for
standards promulgation within 10 years
of enactment of the CAA Amendments
of 1990. The purpose of this action is
to pursue a regulatory development
program such that emissions standards
may be proposed and promulgated for
this industry.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4110
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Mark Morris, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
RIN: 2060-AH70
3563. CONTROL OF EMISSIONS FROM
NONROAD SPARK-IGNITION ENGINES
RATED OVER 19 KW AND NEW LAND-
BASED RECREATIONAL SPARK-
IGNITION ENGINES
Priority: Economically Significant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7401 to
7671(q)
CFR Citation: 40 CFR 94
Legal Deadline: NPRM, Judicial,
September 29, 2000.
Final, Judicial, December 31, 2001.
Abstract: Emissions from large spark-
ignition engines are currently
unregulated. EPA and California Air
Resources Board (GARB) are
cooperating in an effort to set emission
standards for these engines to
substantially reduce their contribution
to the emission inventory.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Proposed Finding 02/08/99 64 FR 6008
NPRM 09/00/01
Final Finding 09/00/01
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4154
Sectors Affected: 333924 Industrial
Truck, Tractor, Trailer and Stacker
Machinery Manufacturing; 335312
Motor and Generator Manufacturing;
42183 Industrial Machinery and
Equipment Wholesalers
Agency Contact: Alan Stout,
Environmental Protection Agency, Air
and Radiation, EPCD, Ann Arbor, MI
48105
Phone: 734 214-4805
Fax: 734 214-4816
Email: stout.alan@epamail.epa.gov
Don Kopinski, Environmental
Protection Agency, Air and Radiation,
QMS EPCD, Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
RIN: 2060-AIll
3564. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW
COMPRESSION-IGNITION AND
SPARK-IGNITION RECREATIONAL
MARINE ENGINES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7547(a)
CFR Citation: 40 CFR 94
Legal Deadline: NPRM, Judicial,
November 17, 2000.
Final, Judicial, November 16, 2001.
Abstract: This proposed rulemaking
will establish numerical emission limits
for compression-ignition and spark-
ignition engines used on marine
recreational vessels. This action will
complete EPA's emission control
program for marine engines
(commercial engines and. spark-ignition
outboard and personal watercraft
engines are covered in separate rules).
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/00
11/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4251
Agency Contact: Jean Marie Revelt,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
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74526 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
Ann Arbor, MI 48105
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
RIN: 2060-AI36
3565. PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING QUARANTINE AND
PRESHIPMENT METHYL BROMIDE
AND TRADE BAN WITH NON-PARTIES
TO THE MONTREAL PROTOCOL
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7671 to 767l(q)
CFR Citation: 40 CFR 82.1 to 82.13
Legal Deadline: None
Abstract: The Montreal Protocol
exempts quarantine and preshipment
from the methyl bromide production
and import baseline; therefore, a
regulation must be promulgated to
allow for the exemption in EPA's
current allowance system.
Timetable:
Action
Date
FR Cite
NPRM 10/00/00
Final Action 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4253
[OLD TITLEJProtection of Stratospheric
Ozone: Process for Exempting
Quarantine and Preshipment Methyl
Bromide Used in the United States and
Baseline Adjustments
Agency Contact: Tom Land,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9185
Fax: 202 565-2093
Email: land.tom@epa.gov
RIN: 2060-AI42
3566. REVIEW NATIONAL AMBIENT
AIR QUALITY STANDARDS FOR
CARBON MONOXIDE
Priority: Other Significant
Legal Authority: Clean Air Act Title I
CFR Citation: 40 CFR 50
Legal Deadline: Final, Statutory, May
31, 2001, Clean Air Act requires
reviews every five years.
Abstract: Review of the national
ambient air quality standards (NAAQS)
for carbon monoxide (CO] every 5 years
is mandated by the Clean Air Act. This
review assesses the available scientific
data about the health and
environmental effects of CO and
translates the science into terms that
can be used in making
recommendations about whether or
how the standards should be changed.
The last review of the CO NAAQS was
completed in 1994 with a final decision
that revisions were not appropriate at
that time.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4266
Agency Contact: Harvey Richmond,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5271
Fax: 919 541-0237
Email: richmond.harvey@epa.gov
David McKee, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
RIN: 2060-AI43
3567. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Regulatory Plan: This entry is Seq. No.
117 in Part II of this issue of the
Federal Register.
RIN: 2060-AI44
3568. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2,1999,
COURT DECISION
Regulatory Plan: This entry is Seq. No.
118 in Part II of this issue of the
Federal Register.
RIN: 2060-AI56
3569. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
Timetable:
Action
Date FR Cite
NPRM 12/00/00
Final Action 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4309
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Bruce Moore, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-5689
Email: moore.bruce@epa.gov
RIN: 2060-AI62
3570. NESHAP FOR ETHYLENE OXIDE
COMMERCIAL STERILIZATION
OPERATIONS-MONITORING
AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74527
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The proposed amendments
will correct technical problems
associated with both the emission
limits (because of safety issues) and the
compliance testing and monitoring
requirements.
Timetable:
Action
Date FR Cite
NPRM
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4316
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
David Markwordt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
RIN: 2060-AI64
3571. NESHAP FOR THE PRINTING
AND PUBLISHING INDUSTRY;
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1994.
Abstract: The amendments will clarify
the rule and ensure it reflects the EPA's
intent.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4310
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Dave Salman, Environmental Protection
Agency, Air and Radiation, (MD-13],
Research Triangle Park, NC 27711
Phone: 919 541-0859
Email: salman.dave@epa.gov
RIN: 2060-AI66
3572. NESHAP: BRICK, STRUCTURAL
CLAY PRODUCTS, AND CLAY
CERAMICS MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The brick and structural clay
products industry primarily includes
facilities that manufacture brick, clay,
pipe, roof tile, extruded floor and wall
tile, and extruded dimensional clay
products from clay, shale, or a
combination of the two. Ceramics are
defined as a class of inorganic,
nonmetallic solids that are subject to
high temperature in manufacture
and/or use. The primary raw material
used in traditional ceramics is clay.
Traditional ceramics include ceramic
tile, dinnerware, sanitaryware, pottery,
and porcelain. The manufacture of
brick, structural clay products, and clay
ceramics involves raw material
processing (mining, crushing, grinding,
and screening), mixing, forming, cutting
or shaping, drying, and firing.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4325
Split from RIN 2060-AH79.
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Mary Johnson, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
RIN: 2060-AI67
3573. NESHAP: CLAY CERAMICS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Ceramics are defined as a
class of inorganic, nonmetallic solids
that are subject to high temperature in
manufacture and/or use. The clay
ceramics manufacturing source category
includes facilities that manufacture
traditional ceramics. Traditional
ceramics include ceramic tile,
dinnerware, sanitaryware, pottery, and
porcelain. The primary raw material
used in the manufacture of traditional
ceramics is clay, the manufacture of
clay ceramics involves raw material
processing (crushing, grinding, and
screening), mixing, forming, shaping,
drying, glazing, and firing.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4343
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
-------
74528 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Mary Johnson, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
RIN: 2060-AI68
3574. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS (E.G.,
MEK, EGBE, METHANOL, AND MIBK)
FROM SECTION 112(B)(1) OF THE
CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
Timetable:
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory,
February 28, 2000.
Abstract: The Agency has received 4
petitions to remove certain pollutants
(i.e., methanol, methyl ethyl ketone,
ethylene glycol butyl ether, and methyl
isobutyl ketone) from the list of
hazardous air pollutants (HAPs) under
Section 112(b) of the Clean Air Act.
The Agency must review the petitions
and either grant or deny the petition
within 18 months of the date the
complete petition was received. If the
Agency grants a petition, a notice of
proposed rulemaking will be published
in the Federal Register, allowing the
opportunity for public comment. If the
Agency denies a petition, a notice of
denial will be published in the Federal
Register providing an explanation for
such denial. If the Agency grants a
petition and ultimately removes the
pollutant from the HAP list then
sources emitting such pollutants would
not be required to meet MACT
emissions standards for the pollutant.
If on the other hand, the Agency denies
the petition, then MACT standards
would be issued as currently planned
under Section 112(c) and 112(d) of the
Clean Air Act for sources emitting such
pollutants. Depending on the 4
individual determinations, the Agency
will issue separate notices for each.
Acton
Date FR Cite
NPRM
Final Action
10/00/00
07/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4313
Agency Contact: Dave Guinnup,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5368
Email: guinnup.dave@epa.gov
Chuck French, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
RIN: 2060-AI72
3575. NESHAP: ENGINE TEST
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAPs). The HAPs are
listed in section 112(b) of the Clean Air
Act. The Engine Test Facilities source
category are included on EPA's list of
sources of HAPs. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
Aircraft engine testing consists of
facilities which perform testing on
uninstalled aircraft engines. Non-
aerospace engine test facilities consists
of facilities which perform testing on
uninstalled engines such as automotive
engines, stationary turbines, 1C engines,
and diesel engines.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4144
Split from RIN 2060-AH35
Agency Contact: Jaime Pagan,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5340
Fax: 919 541-0942
Email: pagan.jaime@epa.gov
RIN: 2060-AI74
3576. NESHAP: LIGHTWEIGHT
AGGREGATE MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: EPA is required under
Section 112 of the Clean Air Act to
develop maximum achievable control
technology (MACT) standards for
various industrial source categories.
The lightweight aggregate
manufacturing industry is currently
part of the clay products MACT source
category. However, EPA is developing
a separate MACT standard for
lightweight aggregate in anticipation
that the current clay products source
category will be broken down into 4
separate source categories, including
lightweight aggregate. The lightweight
aggregate source category will be
proposed at the time the MACT
standard is proposed. Lightweight
aggregate kilns that burn hazardous
waste are subject to the hazardous
waste combustor MACT standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
02/00/01
05/00/02
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4346
Split from RIN 2060-AH79
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74529
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327122 Ceramic Wall and Floor Tile
Manufacturing; 327123 Other Structural
Clay Product Manufacturing; 327124
Clay Refractory Manufacturing
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Gene Crumper, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.gene@epa.gov
RIN: 2060-AI75
3577. NATIONAL AMBIENT AIR
QUALITY STANDARD FOR OZONE -
CORRECTIONS NOTICE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7409; 42 USC
7601 (a)
CFR Citation: 40 CFR 50.9 (a]
Legal Deadline: None
Abstract: This action corrects the Code
of Federal Regulations to include an
alternative pollutant-monitoring
method that was inadvertently left out
when the National Ambient Air Quality
Standards for Ozone were revised in
1979. This amendment will assure that
States have the flexibility in choice of
monitoring methods that was originally
intended.
Timetable:
Action
Date FR Cite
NPRM
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4304
Agency Contact: Brenda Millar,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919 541-4036
Fax: 919 541-1903
Email: millar.brenda@epa.gov
Nash Gerald, Environmental Protection
Agency, Air and Radiation, MD-14
Phone: 919 541-5652
Fax: 919 541-1903
Email: gerald.nash@epa.gov
RIN: 2060-AI95
3578. DEVELOPMENT OF REFERENCE
METHOD FOR THE DETERMINATION
OF SOURCE EMISSIONS OF
FILTERABLE FINE PARTICULATE
MATTER AS PM2.5
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51 App M
Legal Deadline: None
Abstract: Under this action, EPA is
initiating the publication of a reference
test method that can be used to
quantify that portion of particulate
matter emissions that are solid at stack
conditions and are equal to or less than
2.5 uM in aerodynamic diameter. This
test method is to be used in
conjunction with existing and future
reference methods which are designed
to quantify condensable particulate and
particulate precursors. Condensable
particulate is that portion of particulate
matter emissions that are gaseous at
stack conditions but which quickly
condense to a solid form when released
to the atmosphere. Particulate
precursors are gaseous compounds
which become solids as a result of
chemical reactions in the atmosphere.
This test method supports the amended
National Ambient Air Quality Standard
(NAAQS) for particulate matter which
was promulgated on July 18, 1997. The
NAAQS was revised by adding new
standards for particulate of 2.5 uM
aerodynamic diameter. An important
foundation element of State efforts to
attain the NAAQS will be the
development of reliable inventories of
baseline particulate and particulate
precursor emissions. The emission
inventories developed should be based
upon credible source tests of individual
facilities or emission factors developed
from credible source tests. At the
present time there is no reference test
method available for quantifying the
filterable particulate matter of 2.5 uM
aerodynamic diameter from emission
sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/00
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4306
Sectors Affected: 21231 Stone Mining
and Quarrying; 221112 Fossil Fuel
Electric Power Generation; 3212
Veneer, Plywood and Engineered Wood
Product Manufacturing; 32411
Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3313 Alumina and Aluminum
Production and Processing; 3314
Nonferrous Metal (except Aluminum)
Production and Processing; 3315
Foundries
Agency Contact: Tom Logan,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-2580
Fax: 919 541-1039
Email: logan.tom@epa.gov
Ronald E. Myers, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-5407
Fax: 919 541-1039
Email: myers.ron@epa.gov
RIN: 2060-AI96
3579. INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR 51 (revision); 40
CFR 93 (new)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
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74532 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Rule
11/00/00
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4390
See also SAN 3259
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
RIN: 2060-AJ14
3584. • RULEMAKING FOR
PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT:
RESPONSE TO MARCH 3, 2000
DECISION OF THE UNITED STATES
COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT
Priority: Other Significant
Legal Authority: 42 USC 7410(a)(2)(D);
7410(k)(5)
CFR Citation: 40 CFR 51 (Revision)
Legal Deadline: None
Abstract: On October 27, 1998 (63 FR
57355), EPA issued a rule to reduce
smog in the eastern half of the country.
The rule required 22 States and the
District of Columbia to reduce
emissions of nitrogen oxides (NOx),
which reacts with other chemicals in
the atmosphere to form smog. EPA
required these reductions because
pollution from each of these States was
transported by the wind and
significantly contributed to unhealthy
air quality in downwind States. In
response to litigation from several
parties on the NOx SIP call, the United
States Court of Appeals for the District
of Columbia issued a decision on
March 3, 2000, making it clear that EPA
and States can and should move
forward to implement this regional
strategy. The ruling remanded certain
relatively minor portions of the original
rule back to the EPA. This ralemaking
covers the portion of the rule associated
with the remanded issues: certain
cogeneration units, internal combustion
engines, the partial State requirements
for Georgia and Missouri and the
exclusion of Wisconsin. In this
rulemaking, EPA will consider the
partial State issue for Alabama and
Michigan as well.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4433
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Kimber Scavo, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-3354
Fax: 919 541-0824
Email: scavo.kimber@epamail.epa.gov
RIN: 2060-AJ16
3585. • NESHAP FOR FRICTION
PRODUCTS MANUFACTURING
INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will propose
National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
friction products manufacturing in
order to comply with the Clean Air Act
of 1990 (CAA). The friction products
source category includes any facility
that manufactures friction products
such as automobile brakes, brake pads,
disk pads, and clutch pads. Hazardous
air pollutants (HAP) are emitted from
solvents and resins used in the
manufacturing of the friction material.
It is expected that the rule will result
in an 80 percent reduction in HAP
emissions from this industry.
Action
Date
FR Cite
NPRM
Final Rule
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4460
Sectors Affected: 3363 Motor Vehicle
Parts Manufacturing; 3364 Aerospace
Product and Parts Manufacturing; 3369
Other Transportation Equipment
Manufacturing
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AJ18
3586. • NESHAP FOR FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 41 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The Clean Air Act (CAA)
requires development of emission
standards for major sources emitting
any of the hazardous air pollutants
(HAP) listed in section 112(b) of the
CAA. Flexible Polyurethane Foam
Fabrication Operations was listed as a
category of major sources based on
previous emission information of
methylene chloride HAP. This source
category covers emissions from various
polyurethane foam bonding operations,
including foam gluing and flame
lamination. Subsequent information
reveals that the use of methylene
chloride has been substantially reduced
due to OSHA regulations. Therefore, no
major sources of HAP are anticipated
in this source category. This action, will
explore whether there are any major
sources in this source category and
develop a MACT standard if it still
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74533
EPA—Clean Air Act (CAA)
Proposed Rule Stage
proves to be necessary. If no major
sources are confirmed, then the action
will be to explore possible ways of
delisting this source category.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/00
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4449
Sectors Affected: 326199 All Other
Plastics Product Manufacturing; 326299
All Other Rubber Product
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Lalit Banker, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-3470
Email: banker.lalit@epa.gov
RIN: 2060-AJ19
3587. • RULEMAKINGS FOR THE
PURPOSE OF REDUCING
INTERSTATE OZONE TRANSPORT
Regulatory Plan: This entry is Seq. No.
119 in Part II of this issue of the
Federal Register.
RIN: 2060-AJ20
3588. • PETITIONS TO DELIST
SOURCE CATEGORIES FROM THE
SOURCE CATEGORY LIST,
DEVELOPED PURSUANT TO SECTION
112(C) OF THE CLEAN AIR ACT
Priority: Routine and Frequent
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory, April
21, 2000.
Abstract: The EPA has received 1
petition to remove a SC (2-Piece Can
Manufacturing) from the SC List
developed pursuant to section 112(c) of
the Clean Air Act (CAA). The most
current SC List was published on
November 18, 1999 (64 FR 63025).
Section 112(c)(9), which provides the
legislative authority and guidelines for
such actions, states that the
Administrator may delete a SC from the
list under section 112(c), on petition of
any person or on the Administrator's
own motion, whenever the
Administrator determines that no
source in the category emits hazardous
air pollutants (HAPs) in quantities
which may cause a lifetime risk of
cancer greater than one in 1 million
to the individual in the population who
is most exposed and that emissions
from no source in the category exceed
a level which is adequate to protect
public health with an ample margin of
safety and that no adverse
environmental effect will result. As of
January 31, 2000, one petition to delist
a SC has been received. It contains
information on HAP emissions,
exposures, health effects, human risks,
and potential ecological concerns as
well as the petitioner's explanation
why the 2-Piece Can Manufacturing
should be removed from the SC List.
The EPA will conduct a comprehensive
review of the petition received then
decide whether to grant or deny the
petition. Section 112(c)(9) requires that
within 12 months of receipt of a
petition, the Administrator shall either
grant or deny the petition by publishing
a written explanation of the reasons for
the Administrator's decision.
Timetable:
Action
Date FR Cite
NPRM - Denial May 01/00/01
Instead Be
Published
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4415
Agency Contact: Dave Guinnup,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5368
Email: guinnup.dave@epa.gov
Chuck French, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
RIN: 2060-AJ23
3589. • REVISION TO THE SOURCE
CATEGORY LISTING FOR SECTION
112(D)(2) RULEMAKING PURSUANT
TO SECTION 112(C)(6)
REQUIREMENTS.
Priority: Routine and Frequent
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action revises
information regarding the list of source
categories for regulation under 112(d)
of the Clean Air Act (Act). This action
is being taken pursuant to 112(c)(6) of
the Act regarding the identification of
sources for which additional standards
under section 112(d)(2) or (d)(4) can be
developed. The Environmental
Protection Agency (EPA) is proposing
a change to the Source Category Listing
for Section 112(d)(2) Rulemaking
Pursuant to Section 112(c)(6)
Requirements published in the Federal
Register April 10,1998, which
identified source categories considered
for additional regulation under
112(d)(2) or (d)(4). The publication of
the list on April 10, 1998, also stated
that these source categories would be
further evaluated as to emissions and
controls in identifying any additional
regulatory requirements. This revision
to Table 1 is based on the additional
emission analysis associated only with
the Rubber Tire Manufacturing (listed
as Tire Production) and the potential
emissions of Hexochlorobenzene (HCB).
This action revises Table 1 of Federal
Register publication Vol. 63, No. 69,
17848 for the Tire Production source
category by deleting emissions of HCB
associated with the source category.
There are no costs or HAP emission
impacts associated with this corrective
action.
Timetable:
Action
Date
FR Cite
Notice 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4416
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74534 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Anthony P. Wayne, Environmental
Protection Agency, Air and Radiation,
MD-13, RTP, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
RIN: 2060-AJ24
3590. • REVISING REGULATIONS ON
AMBIENT AIR QUALITY MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58 (Revision); 40
CFR 53 (Revision); 40 CFR 50
(Revision)
Legal Deadline: None
Abstract: Air pollution control
authorities use air quality data to
determine compliance with the
National Ambient Air Quality
Standards and in subsequent work to
develop air pollution mitigation
strategies. The data come primarily
from ambient air monitoring stations
run by State and local agencies,
although Federal, tribal, and industrial
organizations also run stations. The
design of the monitoring networks is
regulated under 40 CFR 58. This rule
was originally written in 1979 and
several revisions have been made in the
intervening years. Air pollution control
authorities have improved their parts of
the network in response to changes in
air quality, advances in the
understanding of the movements and
health effects of air pollutants, and
developments in air pollution
measurement technology. EPA has also
cooperated with air pollution control
authorities to improve the networks,
but we have not revised the applicable
regulations comprehensively. The
proposed revisions would remove real
or perceived constraints on redeploying
air monitoring stations; more accurately
reflect the roles of EPA and other
control authorities in designing,
reviewing, and modifying networks;
bring provisions related to quality
assurance up to date; and recognize
technological changes. The current
regulations require states to develop
plans to deploy air monitoring
networks, but they do not emphasize
administering the networks. States
generally develop new plans only when
new monitoring is needed, such as for
a new NAAQS. The regulations should
be revised to reflect the roles of EPA
and the State and local agencies.
Timetable:
the standards with revisions previously
made to other part 63 regulations.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 06/00/01
Final Action 04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 4421
Sectors Affected: 334519 Other
Measuring and Controlling Device
Manufacturing; 92411 Air and Water
Resource and Solid Waste Management
Agency Contact: Mike Papp,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919 541-2408
Fax: 919 541-1903
Email: papp.michael@epa.gov
Lee Ann Byrd, Environmental
Protection Agency, Air and Radiation,
MD-14, Washington, DC 20460
Phone: 919 541-5367
Fax: 919 541-1903
Email: byrd.lee@epa.gov
RIN: 2060-AJ25
3591. • CLARIFICATION TO EXISTING
PART 63 NESHAP DELEGATIONS'
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: 40 CFR part 63 contains
OAR's air-toxics emissions regulations,
often referred to as "MACT" rules or
"NESHAPS." We are revising some part
63 standards to reflect changes in
delegation provisions. We are also
revising some sections in the part 63
regulations to clarify what are
standards and what are compliance
assurance measures. The benefits of the
changes will include clarifying what
authorities in each standard can be
delegated to State and local air
pollution control agencies and meshing
NPRM 10/00/00
Final Action 10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4426
Agency Contact: Kathy Kaufman,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
Tom Driscoll, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5509
Email: driscoll.tom@epa.gov
RIN: 2060-AJ26
3592. • PROTECTION OF
STRATOSPHERIC OZONE: PHASEOUT
OF CHLOROBROMOMETHANE
(HALON 1011) PRODUCTION AND
CONSUMPTION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
December 31, 2001, See additional
information.
Abstract: Section 602 of the Clean Air
Act (Act) requires the EPA
Administrator to list substances which
the Administrator finds to cause or
contribute to harmful effects on
stratospheric ozone, and Sections 604
and 605 require the Administrator to
promulgate regulations phasing out the
production and limiting the use of such
substances. The proposed regulation
will list and phase out the production
of chlorobromomethane (CBM), an
ozone depleting substance (ODS). In
late 1999, the Montreal Protocol was
amended to add CBM to the list of
substances controlled by this
international agreement, to which the
United States is a signatory. Section
614 of the Act requires that U.S.
stratospheric protection regulations be
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74535
EPA—Clean Air Act (CAA)
Proposed Rule Stage
harmonized with (or more stringent
than) the provisions of the Montreal
Protocol. Entities that will be affected
by this regulation include producers of
CBM; a segment of the explosion
protection industry (manufacturers and
distributors of CBM explosion
protection systems); and end-users of
such systems. Preliminary estimates
suggest that domestic production of
CBM is limited; some import of CBM
occurs, and would be prohibited by this
action. Preliminary evaluation suggests
that very limited use of CBM for other
purposes (e.g., as a solvent) occurs.
CBM has also been used as a feedstock
in the manufacture of a biocide; today's
action will not affect this use. Because
the Act allows for certain exceptions
to ODS phaseouts for explosion
protection applications when suitable
alternatives can not be found, and since
today's action only affects the use, and
not the production (i.e., does not affect
use of existing inventories or stockpiles
of CBM), and since a two-year lead
time has been provided since the
decision to phase out CBM and the
phaseout date, it is believed that the
phaseout of CBM will have limited
economic and small business impacts.
Timetable:
Action
Date FR Cite
NPRM
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4428
Statutory Legal Description: The
Montreal Protocol as amended (1999)
requires CBM to be phased out
beginning 1/1/02. Therefore the U.S.
must issue a final rule by 12/31/01.
Sectors Affected: 115114 Postharvest
Crop Activities (except Cotton
Ginning); 3112 Grain and Oilseed
Milling; 322 Paper Manufacturing; 325
Chemical Manufacturing; 3333
Commercial and Service Industry
Machinery Manufacturing
Agency Contact: Lisa Chang,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9742
Fax: 202 565-2096
Email: chang.lisa@epa.gov
RIN: 2060-AJ27
3593. • FEDERAL PLAN FOR
COMMERCIAL AND INDUSTRIAL
SOLID WASTE INCINERATION UNITS
Priority: Substantive, Nonsignificant
Legal Authority: 1990 Amendments to
the Clean Air Act sections 111; 1990
Amendments to the Clean Air Act
sections 129; 1990 Amendments to the
Clean Air Act sections 301(a)(d)
CFR Citation: 40 CFR 62
Legal Deadline: Final, Statutory,
November 30, 2002, Section 129 (b)(3)
of the CAA.
Abstract: The Clean Air Act
Amendments of 1990 directed the
Environmental Protection Agency (EPA)
to set emission guidelines for existing
incinerators combusting commercial or
industrial waste under sections 111 and
129. In 1997, EPA entered into a
settlement agreement with the Sierra
Club in which EPA agreed to propose
regulations for Commercial and
Industrial Solid Waste Incineration
(CISWI) by November 1999 and finalize
regulations for CISWI by November
2000. Proposed regulations were
published on November 30, 1999 (see
64 FR 67092). In accordance with
section 129, any State with affected
sources must submit a State plan by
November 30, 2001 describing how the
State will implement the emission
guidelines for existing CISWI. Section
129 requires the Administrator to
develop and implement a Federal plan
for existing CISWI units located in any
State which has not submitted an
approvable plan within 2 years of
promulgation of the emissions
guidelines. In this CISWI Federal plan
rulemaking, EPA becomes the
implementing authority in those
instances where the State or local
agency has failed to submit a plan or
a plan has not yet been approved.
Therefore, consistent with section
129(b)(3) of the Act, EPA is proposing
a plan that applies to CISWI 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 rule,
and is intended to fulfill EPA's duty
under section 129(b)(3) to promulgate
a Federal plan as a gap-filling measure
until the State fulfills its statutory
obligations. When the State submits an
approvable State Plan, the Federal plan
will no longer apply to units in that
State.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4441
Sectors Affected: 321 Wood Product
Manufacturing; 325 Chemical
Manufacturing
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epa.gov
RIN: 2060-AJ28
3594. • REVISIONS TO PART 97
FEDERAL NOX BUDGET TRADING
PROGRAM ALLOWANCE
ALLOCATION METHOD AND PART 75
OUTPUT AND EMISSIONS
MONITORING PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7601; 42 USC
7651 et seq; 42 USC 7401; 42 USC
7403; 42 USC 7426
CFR Citation: 40 CFR 75 (Revision); 40
CFR 97 (Revision)
Legal Deadline: None
Abstract: This rulemaking package will
propose two types of modifications to
the Code of Federal Regulations:
revisions to parts 72 and 75 related to
the existing Acid Rain Program; and,
revisions to part 75 and part 97 that
are associated with the implementation
of the Federal NOx Budget Trading
Program.
The proposed revisions to parts 72 and
75 pertaining to the Acid Rain Program
will improve the program's efficiency
and effectiveness. These revisions
include technical corrections and
clarifications to the monitoring
procedures that will improve quality of
the SO2 and NOx emissions data. Some
reporting requirements will be modified
to broaden and improve electronic
reporting provisions in order to reduce
industry burden and facilitate better
data management within the Agency.
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74536 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
In support of the Federal NOx Budget
Trading Program,'EPA will propose
revisions to parts 72, 75, and 97. Parts
72 and 75 will be modified to introduce
procedural requirements for the
monitoring and reporting of output (i.e.,
electricity, steam, or heated water) for
electric generating units. The proposed
revisions to part 97 will satisfy a
commitment the Agency made in the
January 18, 2000, final section 126 rule
to use output for updating NOx
allowance allocations. Our analysis
predicts that updating allocations based
on output will reduce air pollution
nationwide and will result in more
efficient electricity generation.
Timetable:
Action
Date
FR Cite
NPRM 11/00/00
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4448
Sectors Affected: 221111 Hydroelectric
Power Generation
Agency Contact: Sam Waltzer,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 564-9175
Fax: 202 565-2140
Email: waltzer.sam@epa.gov
Margaret Sheppard, Environmental
Protection Agency, Air and Radiation,
6204J
Phone: 202 564-9163
Fax: 202 565-2141
Email: sheppard.margaret
RIN: 2060-AJ30
3595. • GUIDELINES FOR BEST
AVAILABLE RETROFIT TECHNOLOGY
(BART)
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470-7479;
42 USC 7491; 42 USC 7492; 42 USC
7601; 42 USC 7602
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 Appendix Y (New)
Legal Deadline: None
Abstract: To meet the Clean Air Act's
requirements, final regional haze
regulations were published in the
Federal Register on July 1,1999 (64 FR
35714). These regulations include, in
section 51.308(e), a requirement for best
available retrofit technology (BART) for
certain types of existing stationary
sources of air pollutants. In the
preamble to regional haze rule, we
committed to issuing further guidelines
to clarify the BART requirements. The
purpose of this rulemaking is to
provide those BART guidelines.
Timetable:
Action
Date
FR Cite
NPRM 01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4450
Agency Contact: Rich Damberg,
Environmental Protection Agency, Air
and Radiation, Mail Drop 15
Phone: 919 541-5592
Fax: 919 541-7690
Email: damberg.rich@epa.gov
Tim Smith, Environmental Protection
Agency, Air and Radiation, Mail Drop
15, Washington, DC 20460
Phone: 919 541-4718
Fax: 919 541-7690
Email: smith.tim@epa.gov
RIN: 2060-AJ31
3596. • STRATOSPHERIC OZONE
PROTECTION: ALLOCATION OF
ESSENTIAL USE ALLOWANCES FOR
CALENDAR YEAR 2001
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82.4
Legal Deadline: None
Abstract: This rule implements
exemptions in the Clean Air Act to the
ban on import and production of class
I ozone depleting substances (ODS) as
consistent with the Montreal Protocol.
The rule allocates specific amounts of
class I ODSs for uses considered to be
"essential" by both the Parties to the
Montreal Protocol. The chemicals
allocated to companies in this
rulemaking are chlorofluorocarbons
(CFCs) for use in the manufacture of
metered dose inhalers (MDIs) used to
treat asthma, and methyl chloroform for
use in the solid rocket motors of the
Space Shuttle and Titan Rockets. The
amount of chemical for these essential
uses has already been approved at the
international level by the Parties to the
Montreal Protocol. The pharmaceutical
industry relies on EPA to publish this
annual rule by the end of each year.
This enables companies to replenish
their supply of CFCs and continue to
produce lifesaving asthma medications.
Timetable:
Action
Date
FR Cite
NPRM 10/00/00
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4456
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ33
3597. • NESHAP: PESTICIDES ACTIVE
INGREDIENTS—AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On June 23, 1999, EPA
promulgated the NESHAP for Pesticide
Active Ingredient Production
(Production of Agricultural Chemicals).
Subsequently, a petition was filed on
this rule, and EPA received the list of
issues filed with the court. There are
four separate, but related petitions.
Major issues include applicability
determination for creosote producers,
control requirements for "left-over"
vents, averaging period, and wastewater
applicability cutoffs. This amendment
will address these issues.
Timetable:
Action
Date
FR Cite
NPRM 02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4457
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74537
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Split from RIN 2060-AE84.
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Lalit Banker, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-3470
Email: banker.lalit@epa.gov
RIN: 2060-AJ34
3598. • NATIONAL AIR TOXICS
PROGRAM: INTEGRATED STRATEGY,
REPORT TO CONGRESS
Priority: Other Significant
Legal Authority: 42 USC 7412(k) CAA
sec 112(k); 42 USC 7412(c)(3) CAA sec
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is a congressionally
required report to Congress outlining
EPA's approach to addressing risks to
the public from toxic substances
emitted into the air.
Timetable:
Action
Date
FR Cite
Notice
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4468
Split from RIN 2060-AH21.
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Laura McKelvey, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5497
Fax: 919 541-0942
Email: mckelvey.laura@epa.gov
RIN: 2060-AJ38
3599. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR GEORGIA-PACIFIC
CORPORATION'S FACILITY IN BIG
ISLAND, VIRGINIA
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Under the Project XL
program, the EPA is supporting a
project for the Georgia-Pacific
Corporation facility located in Big
Island, Virginia. The EPA is
promulgating this rule, applicable only
to the Georgia-Pacific Big Island
facility, to help implement the project.
Under the XL project, Georgia-Pacific
will install and operate the first
commercial scale black liquor
gasification system in the United States.
This system will provide superior air
emissions reductions and energy
benefits compared to use of
conventional recovery technology for
black liquor in the pulp and paper
industry. However, since this will be
the first commercial scale
demonstration of this technology, there
is some risk that the technology will
take longer than planned to work
properly or may not ever work
properly. If either of these scenarios
happens, Georgia-Pacific requires relief
from otherwise applicable air emission
standards to allow time for the new
technology to achieve expected
performance or, in the event of failure,
to allow time for Georgia-Pacific to
build conventional recovery technology
that will meet applicable standards.
Without this relief, Georgia-Pacific
would not undertake commercialization
of this promising technology. Therefore,
this rule provides relief (in the form
of limited duration compliance
extensions) from otherwise applicable
hazardous air pollutant emission
standards, as needed during the
conduct of the XL project. The specific
standard amended by this rule is:
"Standards for Hazardous Air
Pollutants From Chemical Recovery
Combustion Sources at Kraft, Soda,
Sulfate, and Stand-Alone Semichemical
Pulp Mills."
Timetable:
Action
Date
FR Cite
NPRM - Proposed 12/00/00
Amendments to 40
CFR 63.861,
63.863, 63.866, &
63.867
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4471
Sectors Affected: 32211 Pulp Mills;
32211 Pulp Mills
Agency Contact: David Beck,
Environmental Protection Agency, Air
and Radiation, MD-10
Phone: 919 541-5421
Fax: 919 541-2464
Email: beck.david@epa.gov
Jeff Telander, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
RIN: 2060-AJ39
3600. • AMENDMENTS TO NESHAP:
OFF-SITE WASTE AND RECOVERY
OPERATIONS
Priority: Other Significant
Legal Authority: 42 USC 7412, Clean
Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This rule (formerly titled
Solid Waste Treatment, Storage, and
Disposal Facilities) will specify
maximum achievable control
technology (MACT) for facilities that
treat, store, dispose of, recycle, recover
and/or refine waste and recoverable
materials received from off-site. These
facilities include commercial waste
treatment facilities, used oil refining,
solvent recovery plants, and waste
transfer stations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
NPRM Amendment
Direct Final Rule
NPRM
10/13/94 59 FR 51913
07/01/96 61 FR 34140
07/20/99 64 FR 38993
07/20/99 64 FR 38950
10/00/00
Regulatory Flexibility Analysis
Required: Undetermined
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74538 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4336
Agency Contact: Elaine Manning,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5499
Email: mannihg.elaine@epa.gov
RIN: 2060-AJ40
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
3601. • SOURCE SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
FOUR CORNERS POWER PLANT
Priority: Other Significant
Legal Authority: 42 USC 1740
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Four Corners
Plant, respectively. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/08/99 64 FR 48731
10/00/00
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-
AER/1999/September/Day-
08/a23277.htm.
Formerly listed as RIN 2060-AF42
Agency Contact: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco
Phone: 520 498-0118
RIN: 2009-AA01
3602. NSPS: SYNTHETIC ORGANIC
CHEMICALS MANUFACTURING
INDUSTRY - WASTEWATER (FINAL)
AND AMEND. TO APPENDIX C OF
PART 63 AND APPENDIX J OF PART
60
Priority: Other Significant
Legal Authority: CAAA
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This rule will develop a new
source performance standard to control
air emissions of volatile organic
compounds from wastewater treatment
operations of the synthetic chemical
manufacturing industry.
Timetable:
Action
Date FR Cite
09/12/94 59 FR 46780
10/11/95 60 FR 52889
NPRM
First Supplemental
NPRM
Second Supplemental 12/09/98 63 FR 67988
NPRM-Appendix J
to Part 60
Final Action 03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3380
Supp NPRM-2nd-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/December/Day-
09/a28472a.htm
Sectors Affected: 3251 Basic Chemical
Manufacturing
Agency Contact: Mary Tom Kissell,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
3603. NESHAP: PETROLEUM
REFINERIES; CATALYTIC CRACKING
UNITS, CATALYTIC REFORMING
UNITS AND SULFUR RECOVERY
UNITS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
PL 101-549 104 Stat. 2399
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Title HI of the Clean Air Act
Amendments of 1990 requires EPA to
develop national emission standards for
hazardous air pollutants (NESHAPs).
EPA promulgated NESHAP rules for
petroleum refineries on August 18,
1995 (RIN 2060-AD94). This action
covers three process vents not covered
under RIN 2060-AD94. These are the
catalyst regeneration vents from fluid
catalytic cracking units (FCCU) and
catalytic reformers and the tail gas
vents from sulfur recovery plants.
Timetable:
Action
Date
FR Cite
NPRM 09/11/98 63 FR 48889
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3549
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/September/Day-
Il/a23508.htm
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0884
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74539
EPA—Clean Air Act (CAA)
Final Rule Stage
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
BIN: 2060-AF28
3604. IMPLEMENTATION OF OZONE
AND PARTICULATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS) AND
REGIONAL HAZE REGULATIONS
Regulatory Plan: This entry is Seq. No.
133 in Part II of this issue of the
Federal Register.
RIN: 2060-AF34
3605. METHODS FOR MEASUREMENT
OF VISIBLE EMISSIONS—ADDITION
OF METHODS 203A, 203B, AND 203C
TO APPENDIX M OF PART 51
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401(b)(l); 42
USC 7410; 42 USC 7470 to 7479; 42
USC 7501 to 7508; 42 USC 7601(a)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking adds Test
Methods 203A, 203B, and 203C to 40
CFR part 51, appendix M (entitled
Example Test Methods for State
Implementation Plans). These methods
describe procedures for estimating the
opacity of visible emissions. States
have requested that EPA promulgate
these methods so that they can use
them in State Implementation Plans in
enforcing visible emissions regulations
from Stationary Sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/22/93 58 FR 61639
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2915
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AF83
3606. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR
YUCCA MOUNTAIN, NEVADA
Regulatory Plan: This entry is Seq. No.
134 in Part II of this issue of the
Federal Register.
RIN: 2060-AG14
3607. AMENDMENTS FOR TESTING
AND MONITORING PROVISIONS TO
PART 60, PART 61, AND PART 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7410 to 7412; 42 USC 7414; 42 USC
7416
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
Legal Deadline: None
Abstract: This rulemaking will amend
the emission test methods and
performance specifications in
appendices A and B of part 60,
appendix B of part 61, and appendix
A of part 63 by revising the method
format to conform with Environmental
Monitoring Management Council
(EMMC) guidelines. Conformance to the
guidelines will promote consistency
among inter-program methods. In
addition, minor technical and printing
errors in the methods will be corrected.
Similar errors in various subparts of
part 60 will also be corrected.
Performance specification 15 is also
being proposed in this rulemaking.
Timetable:
Action
Date
FR Cite
NPRM 08/27/97 62 FR 45369
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3743
Agency Contact: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1063
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-5374
Fax: 919 541-1039
RIN: 2060-AG21
3608. CONSOLIDATED FEDERAL AIR
RULE FOR THE SYNTHETIC ORGANIC
CHEMICAL MANUFACTURING
INDUSTRY
Regulatory Plan: This entry is Seq. No.
135 in Part II of this issue of the
Federal Register.
RIN: 2060-AG28
3609. ADDITION OF METHOD 207 TO
APPENDIX M OF 40 CFR PART 51
METHOD FOR MEASURING
ISOCYANATES IN STATIONARY
SOURCE EMISSIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 listed certain
isocyanate compounds as hazardous air
pollutants (HAPs). The Agency does
not have any published test methods
that would measure air emissions of
these isocyanate compounds from
stationary sources. This action would
add a validated test method to measure
isocyanate emissions to appendix M of
part 51. Test methods in part 51 can
be adopted by any State for use in any
regulation that requires the
measurement of any of the isocyanate
compounds on the HAP list. This
action would not impose any new
regulatory requirements that do not
already exist. It should benefit State
governments by providing them with a
validated test procedure for measuring
the emissions of isocyanate
compounds.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/08/97 62 FR 64532
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3900
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
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74540 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AG88
3610. ADDITION OF OPACITY
METHOD TO APPENDIX M OF 40 CFR
PART 51 (METHOD 203)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/07/92 57 FR 46114
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3958
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AH23
3611. CONSOLIDATED EMISSIONS
REPORTING RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
CFR Citation: 40 CFR 51.321 to 51.323
Legal Deadline: None
Abstract: Three sections of the Clean
Air Act and its amendments require
State agencies to report emission
estimates to EPA. Some of these
sections contain obsolete wording,
inconsistent instructions, and duplicate
reporting requirements. This rule will
consolidate the requirements into one
area, eliminate obsolete wording,
eliminate duplicate reporting
requirements, and provide options for
collecting and reporting data. There
will be no impact on small businesses.
State agencies will report point, area,
and mobile source emissions Statewide.
State agencies will also report fine
particulate matter and it's precursors.
The rule will provide for flexibility in
collecting and reporting data.
Timetable:
Action Date FR Cite
05/23/00 65 FR 33268
12/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal
Additional Information: SAN No. 3986
Agency Contact: William B.
Kuykendal, Environmental Protection
Agency, Air and Radiation, MD-14,
Research Triangle Park, NC 27711
Phone: 919 541-5372
Fax: 919 541-0684
Email: kuykendal.bill@epa.gov
RIN: 2060-AH25
3612. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING LOW-
EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities. This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the term
dedicated fuel system, broaden the
criteria for engine families, and provide
an exemption from certification fees.
This action is not a deregulatory action.
This action will provide another means
for small business to remain active
entities in supplying alternatively
fueled vehicles to the marketplace. The
above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
changes. This action will enhance the
ability for the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/20/98 63 FR 38767
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4030
Agency Contact: Clifford Tyree,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 313 668-4310
Fax: 734 214-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AH52
3613. NESHAP: PULP AND PAPER
PRODUCTION; AMENDMENTS TO THE
PROMULGATED RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.440 to 63.459
(Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to clarify sections of the promulgated
pulp and paper industry maximum
achievable control technology (MACT)
standards where commenters have
indicated that the wording is confusing
or changes are needed. This action will
also correct any typographical errors
noted. This action will contain
guidance and amended rule language.
Timetable:
Action
Date
FR Cite
Final Rule 09/16/98 63 FR 49455
Interpretations and
technical
amendment
Direct Final Rule 12/28/98 63 FR 71385
Amendment
NPRM Amendment 12/28/98 63 FR 71408
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74541
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date FR Cite
Final Action 04/12/99 64 FR 17555
Interpretations and
technical
amendment
NPRM Proposed rule 01/25/00 65 FR 3907
amendments and
notice of public
hearing
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4123
NPRM-http:/ /www. epa.gov/fedrgstr/
EPA-AIR/2000/January/Day-25/
al058.htm
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Stephen Shedd, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
RIN: 2060-AH74
3614. NESHAP: ORGANIC
HAZARDOUS AIR POLLUTANTS
FROM THE SYNTHETIC ORGANIC
CHEMICAL INDUSTRY (SOCMI) &
OTHER PROCESSES SUBJECT TO
THE NEGOTIATED REGULATION FOR
EQUIPMENT LEAKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.100 to 63.152
Legal Deadline: None
Abstract: The actions will amend the
HON that was first promulgated on
April 22, 1994, to clarify applicability
of process vent requirements. The
changes to the rule will clarify the
EPA's intent regarding the meaning of
the term process vent and address the
way these provisions are to be
implemented through the permit rule.
The need for this action became
apparent recently when it was learned
that industry was interpreting the
definition more narrowly than we
intended, and thus, not identifying all
process vents subject to the HON.
These amendments will clarify the rule
to ensure consistent interpretations of
the term process vent while preserving
the intended applicability of the
requirements. These clarifications will
not increase or lower or otherwise
affect emissions or environmental
protection. Additionally, the actions
may clarify additional sections of the
HON and correct any typographical
errors noted. These actions may contain
guidance as well as amended rule
language.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/20/00 65 FR 3169
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4103
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Jan Meyer, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5254
Fax: 919 541-5689
Email: meyer.jan@epa.gov
RIN: 2060-AH81
3615. PHASE I FEDERAL
IMPLEMENTATION PLANS (FIPS) TO
REDUCE THE REGIONAL
TRANSPORT OF OZONE IN THE
EASTERN UNITED STATES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 52; 40 CFR 97;
40 CFR 98
Legal Deadline: None
Abstract: This action would
promulgate Federal Implementation
Plans (FIPs) which require nitrogen
oxides (NOx) emissions decreases in 19
States and the District of Columbia. The
intended effect is to reduce the
transport of ozone (smog) pollution and
one of its main precursors — NOx —
across State boundaries in the eastern
half of the United States. On October
27, 1998, EPA published a final rule
(NOx SIP Call) which allowed States
12 months to develop, adopt, and
submit revisions to their State
Implementation Plans (SIPs) to address
the transport problem. The
Administrator is required to promulgate
a FIP within 2 years of: (1) finding that
a State has failed to make a required
submittal or (2) finding that a submittal
is not complete or (3) disapproving a
SIP submittal. On May 25,1999, the
12-month NOx SIP Call deadline was
indefinitely stayed by the Court of
Appeals for the District of Columbia
Circuit. On June 22, 2000, the court
lifted the stay and gave States 128 days
from that date to submit SIPs. The new
SIP submittal date is October 30, 2000.
These FIPs will apply to all elements
of the NOx SIP call that were not
remanded to EPA by the court in May
1999 (Phase I SIPs). The portions of the
SIP call that were remanded to EPA
will be covered under Phase 2 SIPs and
separate FIP actions will be prepared
for those.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/21/98 63 FR 56393
12/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4096
NPRM-http://www.epa.gov/fedrgstr/
EPA-AIR/1998/October/Day-21/
a26431.htm
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation; 325311
Nitrogenous Fertilizer Manufacturing;
32731 Cement Manufacturing; 331111
Iron and Steel Mills
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, Research Triangle Park,
NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
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74542 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Doug Grano, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AH87
3616. NESHAP: WET-FORMED
FIBERGLASS MAT PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The CAA required the EPA
to publish an initial list of all categories
of major and area sources of hazardous
air pollutants (HAPs) listed in section
112(b) of the CAA and to establish and
meet dates for promulgation of
emission standards for each of the
listed categories of HAP emissions
sources. The wet-formed fiberglass mat
production industry is not included in
the initial list of categories for
standards development but information
available to the Administrator suggests
that the industry is a major source of
HAP emissions and, as such, emission
standards shall be developed for this
industry. The standards are to be
technology-based and are to require the
maximum degree of reduction
determined to be achievable by the
Administrator. The EPA has
determined that the wet-formed
fiberglass mat production industry may
be reasonably expected to emit one of
the pollutants listed in section 112(b)
of the CAA. The purpose of this action
is to pursue a regulatory development
program such that emission standards
may be promulgated for this industry.
Emission standards for this industry
were proposed on May 26, 2000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/26/00 65 FR 34278
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4082
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
RIN: 2060-AH89
3617. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION ON THE 610
NONESSENTIAL PRODUCTS BAN
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-7671(q)
CFR Citation: 40 CFR 82(C)
Legal Deadline: None
Abstract: This action would propose to
extend the current class I and class II
bans on the sale and distribution of
nonessential uses of ozone-depleting
substances where sufficient substitutes
are already readily available. As part
of the initial 1993 rulemaking, EPA
banned the use of ozone-depleting
substances in aerosols, pressurized
dispensers, and foams where
substitutes were available. Since that
rulemaking was issued, the phaseout of
production and consumption of class I
substances has become effective and
the Significant New Alternatives Policy
(SNAP) Program under section 612 has
been promulgated. The phaseout of
newly manufactured class I substances
and the identification of new
acceptable substitutes for both class I
and class II applications provide
compelling reasons to reconsider the
initial decisions regarding both
product-specific exemptions and the
decision to limit the ban's effect on
major sectors that traditionally used
ozone-depleting substances. Most
domestic manufacturers have already
incorporated the non-ozone-depleting
substances in their products. The
continued availability and use of
ozone-depleting substances in parts and
products manufactured abroad, which
are sold or incorporated into larger
products that are then sold into
interstate commerce in the United
States, negatively affects the
competitiveness of domestic
manufacturers who use substitute
substances in their production.
Therefore, it is appropriate to
reconsider the applicability of the class
I ban to both specific products and
product categories. Amending these
requirements would limit the potential
use of ozone-depleting substances in
applications where substitutes are
available and thus, further protect the
stratospheric ozone layer.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/14/99 64 FR 21772
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4077
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9729
Fax: 202 565-2095
Email: newberg.cindy@epa.gov
RIN: 2060-AH99
3618. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-7671q
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: The definition of VOC is
proposed to be revised to add tertiary
butyl acetate to the list of negligibly
reactive compounds. This is a
deregulatory action that will remove
tertiary butyl acetate from the necessity
to be controlled as a VOC in SIPs for
attaining the ozone standard. This is
not expected to have a significant
impact on small businesses or local
governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/30/99 64 FR 52731
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4254
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74543
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Geoffrey Wilcox,
Environmental Protection Agency, Air
and Radiation, 7306A, Washington, DC
20460
Phone: 202 564-5601
Fax: 202 564-5603
Email: wilcox.geoffrey@epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email: johnson.williaml@epa.gov
RIN: 2060-AI45
3619. REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF STATE
IMPLEMENTATION PLANS
(GUIDELINE ON AIR QUALITY
MODELS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410 CAAA
sec 110(a)(2); CAAA sec 165(e); CAAA
sec 172(a); CAAA sec 172(c); 42 USC
7601 CAAA sec 301(a)(l); CAAA sec
320
CFR Citation: 40 CFR 51.112; 40 CFR
51.160; 40 CFR 51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action proposes
revisions to the Guideline on Air
Quality Models, published as appendix
W to 40 CFR part 51. Such models are
used to predict ambient concentrations
of pollutants for programs ranging from
Prevention of Significant Deterioration
(PSD) to State Implementation Plans
(SIPs) for controlling air pollution
sources. Appendix W to 40 CFR part
51 fulfills a Clean Air Act mandate for
EPA to specify models for air
management purposes. This proposed
rulemaking enhances appendix W with
new and/or improved techniques.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/21/00 65 FR 21505
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3470
Agency Contact: Tom Coulter,
Environmental Protection Agency, Air
and Radiation, MD-14
Phone: 919 541-0832
RIN: 2060-AF01
3620. NESHAP: PHOSPHATE
FERTILIZERS PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 1997, Clean Air Act
Amendments of 1990.
Abstract: EPA is required to publish
an initial list of all categories of major
and area sources of the hazardous air
pollutants (HAPs) listed in section
112(b) of the CAAA and, to establish
dates for the promulgation of emission
standards for each of the listed
categories of HAP emission sources and
develop emission standards for each
source of HAPs so that the schedule
is met. The standards are to be
technology-based and are to require the
maximum degree of emission reduction
determined to be achievable by the
Administrator. The Agency has
determined that the phosphate fertilizer
production industry emits several of
the 189 HAPs listed in section 112(b)
of the CAAA. The purpose of this
action is to pursue a regulatory
development program that would
ensure that emission standards may be
proposed and promulgated for this
industry.
Timetable:
Action
Date
FR Cite
NPRM 12/27/96 61 FR 68430
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3304
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Ken Durkee, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5425
Fax: 919 541-5600
Email: durkee.ken@epa.gov
RIN: 2060-AE44
3621. NESHAP: PRIMARY COPPER
SMELTING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The primary copper smelting
industry is known to emit a number
of the hazardous air pollutants listed
in section 112 of the Clean Air Act.
The industry is comprised of seven
smelters located in four states. All have
extensive control systems for oxides of
sulfur and HAPs. However, fugitive
emissions may cause several smelters
to exceed major source levels.
Timetable:
Action
Date FR Cite
NPRM
NPRM
Final Action
04/20/98 63 FR 19582
06/26/00 65 FR 39326
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3340
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1998/April/Day-20/al0142.htm
Agency Contact: Eugene Grumpier,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.eugene@epa.gov
Al Verveart, Environmental Protection
Agency, Air and Radiation, MD-13
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AE46
3622. NESHAP: MANUFACTURING OF
NUTRITIONAL YEAST
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
H2(d)
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act requires major sources of hazardous
air pollutants to achieve emission
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EPA—Clean Air Act (CAA)
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reduction based on the maximum
achievable control technology (MACT).
This regulatory action will establish
this level of control for both new and
existing sources in the nutritional yeast
manufacturing industry. This industry
is currently comprised of 10 sources of
5 different manufacturers located in 8
different states. The only known HAP
emission from this source is
acetaldehyde. It is produced as a by-
product during the fermentation
process. The final rule set maximum
emission limits of acetaldehyde, which
will be achievable by improved process
control to reduce formation of this by-
product.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/10/98 63 FR 55812
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3550
Sectors Affected: 311999 All Other
Miscellaneous Food Manufacturing
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
David Markwordt, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
RIN: 2060-AF30
3623. NESHAP: BOAT
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the boat manufacturing
industry. This rule will affect the
manufacture of fiberglass and
aluminum boats. The most abundant
pollutant emitted by this industry is
styrene, which is listed as a hazardous
air pollutant in the 1990 Clean Air Act.
The Agency will study the various
hazardous air pollutants emitted by the
industry and will evaluate pollution
prevention and abatement techniques
which can reduce emissions from these
pollutants.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/14/00 65 FR 43841
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3747
Sectors Affected: 336611 Ship
Building and Repairing; 336612 Boat
Building
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Mark Morris, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
RIN: 2060-AG27
3624. REVISIONS TO THE
REGULATION FOR APPROVAL OF
STATE PROGRAMS AND
DELEGATION OF FEDERAL
AUTHORITIES 112(L)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7412 CAA Sec
112(1)
CFR Citation: 40 CFR 63(E)
Legal Deadline: None
Abstract: Guidance in the form of
rulemaking is being developed in
accordance with the requirements of
section 112(1) of the Clean Air Act
Amendments of 1990 for the approval
of State air toxic programs and the
delegation of Federal authorities to the
States for the implementation and
enforcement of section 112 emission
standards and other requirements. This
regulatory document will provide some
flexibility to States in the following
areas: minimum requirements for EPA
approval of State air toxics regulations
that are equivalent to or more stringent
than the Federal standards and
minimum requirements for EPA
approval of State air toxics programs
that are equivalent to or more stringent
than the Federal program. Specific
issues that will be addressed include:
alternative work practice standards;
alternative monitoring, recordkeeping,
and reporting; alternative test method
approval process; equivalency by
permits; and mechanisms and
requirements for approval of State air
toxics programs. Additionally, the
Partial Approval and Delegable
Authorities rulemakings will be added
to this rulemaking. The Partial
Approval language will provide
flexibility to States by allowing States
to accept delegation of parts of
standards. This will allow them to
implement and enforce these provisions
on a smaller scale. The delegable
authorities rulemaking will clarify what
authorities EPA has delegated to States
when the part 63, subpart A, general
provisions have been delegated.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/12/99 64 FR 1880
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3829
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-5509
Email: driscoll.tom@epa.gov
Kathy Kaufman, Environmental
Protection Agency, Air and Radiation,
MD-12, Research Triangle Park, NC
27711
Phone: 919 541-0102
Fax: 919 541-5509
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EPA—Clean Air Act (CAA)
Final Rule Stage
Email: kaufrnan.kathy@epa.gov
RIN: 2060-AG60
3625. NESHAP: METAL COIL
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal coil surface
coating industry. The Agency will
study what pollutants are emitted and
evaluate the control techniques,
including pollution prevention, that are
used to reduce these emissions. The
Agency will also determine what, if
any, impact the rule would have on
small businesses.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/18/00 65 FR 44615
07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3905
Agency Contact: Rhea Jones,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2940
Fax: 919 541-5689
Email: jones.rhea@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
RIN: 2060-AG97
3626. NESHAP: SOLVENT
EXTRACTION FOR VEGETABLE OIL
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action develops National
Emission Standards for Hazardous Air
Pollutants (NESHAP) for vegetable oil
production facilities as authorized
under section 112(d) of the Clean Air
Act (Act). The action is based on the
determination that vegetable oil
production plants emit organic
hazardous air pollutants (HAPs) listed
in section 112(b) of the Act. On July
16, 1992, EPA listed vegetable oil
production as a source for which
NESHAP are to be promulgated. On
December 3, 1993, EPA published a
schedule for promulgating NESHAP for
vegetable oil production plants by
November 15, 2000. NESHAP
developed under section 112(d) apply
to both new and existing facilities.
NESHAP for existing facilities are to be
based on the average emission
limitation achieved by the best
performing 12 percent of existing
sources.
Timetable:
Action
Date FR Cite
NPRM 05/26/00 65 FR 34252
Final Action 03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Procurement: This is a procurement-
related action for which there is a
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 3903
Sectors Affected: 311222 Soybean
Processing; 311223 Other Oilseed
Processing; 311225 Fats and Oils
Refining and Blending; 311225 Fats and
Oils Refining and Blending
Agency Contact: James Durham,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5672
Fax: 919 541-0246
Email: durham.jim@epa.gov
K.C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH22
3627. 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. There are no
impacts anticipated for small
businesses or State/local/tribal
governments.
Timetable:
Action
Date
FR Cite
NPRM Petitions for
Judicial Review-
Prop. Amend.
NPRM - Petition for
Recons. - Equip.
Leaks
03/09/99 64 FR 11559
06/08/99 64 FR 30453
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74546 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date FR Cite
NPRM-Petition for 06/08/99 64 FR 60456
Recons. - Equip.
Leaks
Direct Final Action - 06/08/99 64 FR 30406
Petition for
Reconsid.-Equip
Leaks
Final Action - Petitions 06/19/00 65 FR 38030
for Judicial Rev-
Amendments
Direct Final Rule - 10/00/00
Petition for Recons.
- Cooling Towers
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, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47
3628. NEW SOURCE PERFORMANCE
STANDARDS AND EMISSION
GUIDELINES FOR COMMERCIAL AND
INDUSTRIAL SOLID WASTE
INCINERATION UNITS
Priority: Other Significant
Legal Authority: CAA sec 129
CFR Citation: 40 CFR 60
Legal Deadline: NPRM, Judicial,
November 15, 1999.
Final, Judicial, November 15, 2000.
Abstract: Section 129 of the Clean Air
Act Amendments requires the Agency
to finalize New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for Commercial and
Industrial Solid Waste Incinerators
(CISWIs). Negotiations have been
completed with the litigants to grant an
extension to the Agency. The Agency
agreed to propose standards by
November 1999, and promulgate
standards by November 2000.
Timetable:
Action
Date FR Cite
NPRM 11/30/99 64 FR 67092
Final Action 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 3613
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Rick Copland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5265
Fax: 919 541-5450
Email: copland.rick@epa.gov
RIN: 2060-AF91
3629. IMPORTATION OF
NONCONFORMING VEHICLES;
AMENDMENTS TO REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7522 CAA sec
203; 42 USC 7525 CAA sec 206; 42
USC 7541 CAA sec 207; 42 USC 7542
CAA sec 208; 42 USC 7601 CAA sec
301; 42 USC 7522 CAA sec 203; 42
USC 7550 CAA sec 216; 42 USC 7601
CAA sec 301
CFR Citation: 40 CFR 85
Legal Deadline: None
Abstract: This action will amend the
regulations in 40 CFR part 85, subpart
P to allow entry into the United States
of vehicles which are originally sold in
Canada and which are identical to their
U.S. counterparts, without obtaining a
certificate of conformity from EPA. This
action is in response to a petition for
review of import rules. The final rule
also will address certain other issues
in part 85, subpart P and subpart R,
including: (1) formalizing a long-
standing EPA policy regarding the
importation of owned vehicles that are
proven to be identical to a vehicle
certified for sale in the United States,
(2) establishing new emission standards
applicable to imported nonconforming
vehicles, (3) clarifying the regulatory
language that concerns exclusions and
exemptions from meeting Federal
emission requirements, and (4)
providing several minor clarifications
to the existing regulations.
Timetable:
Action
Date
FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2665
Agency Contact: Len Lazarus,
Environmental Protection Agency, Air
and Radiation, 6405J, Washington, DC
20460
Phone: 202 564-9281
RIN: 2060-AI03
3630. PROTECTION OF
STRATOSPHERIC OZONE:
SUPPLEMENTAL RULE REGARDING
A RECYCLING STANDARD UNDER
SECTION 608
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CAA sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This rule will amend the
recordkeeping aspects of the technician
certification program, clarify aspects of
a sales restriction, and adopt an
updated version of ARI standard 740.
The rule will also clarify the distinction
between major and non-major repairs
and amend several definitions
including small appliances. The rule
also addresses the transfers of
unreclaimed refrigerant between
majority-owned and majority-controlled
subsidiaries.
Timetable:
Action
NPRM1
NPRM
Final Action
Date FR Cite
02/29/96 61 FR 7858
11/01/96 61 FR 56493
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
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EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 3556
Additional SANs 3895, 3896. This rule
will address a potential adoption of a
more flexible method for cleaning
refrigerants for refrigerant transferred
between appliances with different
ownership with a potential adoption of
a 3rd party certification program for
labs.
Agency Contact: Michael Forlini,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9475
Fax: 202 564-9665
Email: forlini.michael@epa.gov
BIN: 2060-AF36
3631. PROTECTION OF
STRATOSPHERIC OZONE:
REFRIGERANT RECYCLING RULE
AMENDMENT TO INCLUDE
SUBSTITUTE REFRIGERANTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
42 USC 7671(g) CAA sec 608
CFR Citation: 40 CFR 82(F)
Legal Deadline: None
Abstract: This action would facilitate
fulfillment of the statutory mandate to
apply the venting prohibition to
substitute refrigerants. The action
would provide regulations covering
recovery/recycling equipment,
recovery/recycling practices, and
applicable certifications that would be
required to accomplish compliance
with the venting prohibition.
Requirements would parallel those of
the current section 608 regulations,
expanding applicability, where
appropriate, to substitute refrigerants.
Timetable:
Action
Date
FR Cite
06/11/98 63 FR 32044
12/00/00
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3560
NPRM- http://www.epa.gov/fedrgstr/
EPA-AIR/1998/June/Day-ll/
al5003.htm
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
RIN: 2060-AF37
3632. PROTECTION OF
STRATOSPHERIC OZONE:
INCORPORATION OF CLEAN AIR ACT
AMENDMENTS FOR REDUCTIONS IN
CLASS I, GROUP VI CONTROLLED
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767lc
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rulemaking will
establish the remaining phaseout steps
for methyl bromide, adjust phaseout
data, and establish additional
exemptions.
Timetable:
Action
Date FR Cite
Direct Final Rule
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4271
(OLD TITLE) Protection of
Stratospheric Ozone: Additional Steps
To Conform U.S. Methyl Bromide
Program to Obligations Under the
Montreal Protocol and Recent Changes
to the CAA
Agency Contact: Amber Moreen,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9295
Fax: 202 565-2095
Email: morren.amber@epa.gov
RIN: 2060-AI41
3633. • SOURCE SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA proposes to federalize
standards from the Arizona and New
Mexico State Implementation Plans
(SIPS) applicable to the Navajo
generating station. Where necessary,
EPA's proposed emission standards
modify the standards extracted from the
States' regulatory programs to ensure
comprehensive emission control and
Federal consistency.
Timetable:
Action
Date
FR Cite
NPRM
Notice
Final Action
09/08/99 64 FR 48725
01/26/00 65 FR 4244
10/00/00
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: Douglas McDaniel,
Environmental Protection Agency,
Regional Office San Francisco, Region
9, San Francisco, CA 94105-3901
Phone: 415 744-1246
Colleen McKaughan, Environmental
Protection Agency, Regional Office San
Francisco
Phone: 520 498-0118
RIN: 2009-AAOO
3634. NESHAP: CHEMICAL
RECOVERY COMBUSTION SOURCES
AT KRAFT, SODA, SULFITE AND
STAND-ALONE SEMICHEMICAL PULP
MILLS
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7412 CAAA
sec 112; 42 USC 7414 CAAA sec 114;
42 USC 7601 CAAA sec 301; 33 USC
1314 CWA sec 304; 33 USC 1316 CWA
sec 306-308; 33 USC 1317; 33 USC
1318; 33 USC 1311 CWA sec 301; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 63; 40 CFR 430
Legal Deadline: Final, Judicial,
December 15, 2000, Court Deadline.
Abstract: The Clean Air Act (CAA)
Amendments of 1990 direct the
Environmental Protection Agency (EPA)
to set National Emission Standards for
Hazardous Air Pollutants (NESHAP) for
new and existing sources under section
112 and to base these standards on
maximum achievable control
technology (MACT). The Clean Water
Act (CWA) directs EPA to develop
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74548 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
effluent guidelines for certain categories
and classes of point sources. These
guidelines are used for setting
discharge limits for specific facilities
that discharge to surface waters or
municipal sewage treatment systems.
On April 15, 1998, the EPA
promulgated an integrated regulation
for the pulp and paper industry that
includes both effluent guidelines and
air emission standards to control the
release of pollutants to both the water
and the air. At the same time, the EPA
proposed MACT standards for the
chemical recovery combustion sources.
The regulations were developed jointly
to provide greater protection to human
health and the environment, to promote
the concept of pollution prevention,
and to enable the industry to more
effectively plan compliance via a
multimedia approach. Next steps will
be to issue final standards for chemical
recovery combustion sources.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/15/98 63 FR 18753
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4240
(Air), SAN No. 2712 (Water), SAN No.
4050 (Water Phase II),
ADDITIONAL AGENCY CONTACT: Jeff
Telander (NESHAP Phase II -
Combustion Sources)
ADDITIONAL AGENCY CONTACT:
Elaine Manning (NESHAP Phase III -
Nonchemical and other Pulp and Paper
Mills)
See also RIN 2040-AB53
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Jeff Telander, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
RIN: 2060-AI34
3635. STANDARDS AND GUIDELINES
FOR SMALL MUNICIPAL WASTE
COMBUSTION UNITS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 direct the
Environmental Protection Agency (EPA)
to set standards of performance and
emission guidelines for new and
existing municipal waste combustors
under Sections 111 and 129; to base
these standards and guidelines on
maximum achievable control
technology; and to include emission
limits for particulate matter, sulfur
dioxide, hydrogen chloride, oxides of
nitrogen, carbon monoxide, mercury,
lead, cadmium, and dioxins and
dibenzofurans. The standards for large
municipal waste combustors were
adopted in 1995. This rule would
establish standards for small MWC
units.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/99 64 FR 47233
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: None
Additional Information: SAN No. 4243
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
Rick Copland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5265
Fax: 919 541-5450
Email: copland.rick@epa.gov
RIN: 2060-AI51
3636. REVISION OF SCHEDULE FOR
STANDARDS UNDER SECTION 112 OF
THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 Clean
Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: Section 112 of the Clean Air
Act requires the EPA to publish a list
of major and area source categories
which emit one or more of the
hazardous air pollutants listed in
section 112. An initial list of source
categories was finalized in July 1992
and contained 174 categories. Section
112 further requires the Agency to
prioritize the listed categories such that
standards are promulgated for 40
source categories within 2 years of
enactment, 25 percent of all initially
listed categories within 4 years, 50
percent within 7 years, and 100 percent
within 10 years. The schedule for the
promulgation of emissions standards
was published in December 1993. This
action revises the list of source
categories and the corresponding
schedule for emission standards. This
is in accordance with the statute, which
requires the Agency to periodically
amend the list in response to public
comment or new information, and no
less often than every eight years. The
list and the schedule were last updated
on November 18, 1999.
Timetable:
Action
Date FR Cite
Notice
Notice
11/18/99 64 FR 63025
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4284
Agency Contact: Linda Metcalf,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2865
Fax: 919 541-0072
Email: metcalf.linda@epa.gov
Yvonne W. Johnson, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2798
Fax: 919 541-0072
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74549
EPA—Clean Air Act (CAA)
Final Rule Stage
Email: johnson.yvonnew@epa.gov
RIN: 2060-AI52
3637. CONTROL OF EMISSIONS OF
HAZARDOUS POLLUTANTS FROM
MOTOR VEHICLES AND MOTOR
VEHICLE FUELS
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: PL 101-549 sec
202(1)(2)
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, July
14, 2000, Civil Action No. 95-1747
Sierra Club v. Carol M. Browner.
Final, Judicial, December 20, 2000,
Civil Action No. 95-1745 Sierra Club
v. Carol M. Browner.
Abstract: This action will: (1) describe
the hazardous air pollutants emitted
from motor vehicles and motor vehicle
fuels; (2) discuss the Agency's existing
and planned emission control programs
to reduce emissions of these pollutants;
and (3) explore the need for additional
controls. Any additional control
programs will be undertaken and tiered
separately from this action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/04/00 65 FR 48057
12/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4285
NPRM-http://www.epa.gov/fedrgstr/
EPA-AIR/2000/August/Day-04/
al8640.htm
Agency Contact: Jean Marie Revelt,
Environmental Protection Agency, Air
and Radiation, Ann Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI55
3638. NATIONAL EMISSION
STANDARDS FOR BENZENE
EMISSIONS FROM COKE
BYPRODUCT RECOVERY PLANTS
(PART61,SUBPARTL)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
112
CFR Citation: 40 CFR 61
Legal Deadline: None
Abstract: Coke by-product plants are
designed to separate and recover coal
tar derivatives (by-products) that evolve
from coal during the coking process of
a coke oven battery. We plan to remove
this source category from the list
pursuant to our discretion under
112(c)(4) previously regulated
categories.
Timetable:
Action
Date FR Cite
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4286
Agency Contact: Al Vervaert,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Lula Melton, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
RIN: 2060-AI65
3639. HEAVY-DUTY ENGINE
EMISSION STANDARDS AND DIESEL
FUEL SULFUR CONTROL
REQUIREMENTS
Regulatory Plan: This entry is Seq. No.
136 in Part II of this issue of the
Federal Register.
RIN: 2060-AI69
3640. AMENDMENTS TO THE
AEROSPACE MANUFACTURING AND
REWORK FACILITIES NESHAP FOR
THE HAP AND VOC CONTENT LIMITS
FOR PRIMER OPERATIONS AND
STAY OF COMPLIANCE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63.745(c)(l)-(2)
Legal Deadline: None
Abstract: This rule was promulgated
on September 1, 1995, with an initial
compliance date of September 1, 1998.
EPA granted compliance extensions;
however these extensions will expire
September 1, 1999. This proposal
would stay the compliance date of the
substantive and associated compliance
assurance requirements for the organic
HAP content and VOC content levels
for primer applications operations. This
proposed stay would remain in effect
until the date we amend the rule, at
which point we would publish new
compliance dates for these
requirements. Based on recent
information submitted to the us by one
of the commercial aircraft
manufacturers, expressing significant
technical concerns about the ability to
achieve the primer coating content
standard for commercial exterior
primers, we are proposing amendments
to the Aerospace National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) that will change the organic
HAP and VOC level content standard
related to the use of commercial
exterior primers.
Timetable:
Action
Date FR Cite
01/24/00 65 FR 3642
10/00/00
NPRM Amendment
Final Action
Amendment
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4353
Sectors Affected: 336411 Aircraft
Manufacturing
Agency Contact: Susan Wyatt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, MD-13,
RTP, NC 27711
Phone: 919 541-5340
Fax: 919 541-0942
Email: pagan.jaime@epa.gov
RIN: 2060-AI77
3641. NESHAP: PHARMACEUTICALS
PRODUCTION; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
-------
74550 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
CFR Citation: 40 CFR part 63
Legal Deadline: None
Abstract: The final rule was
promulgated on September 21, 1998.
On November 20, 1998, a petition to
review the final rule was filed by the
Pharmaceutical Research and
Manufacturers Association with the
Court of Appeals for the District of
Columbia Circuit. This action proposes
amendments to .the rule per the
settlement agreement. The amendments
include several clarifications, changes
to key definitions, changes to the
alternative standard requirements, and
changes in the administrative
requirements. There are no anticipated
incremental impacts due to these
amendments, in fact, the impacts of the
rule have been reduced due to the
streamlining of the monitoring,
reporting and recordkeeping
requirements.
Timetable:
CFR Citation: 40 CFR 61.93(a); 40 CFR
Action
Date FR Cite
NPRM
Final Action
04/10/00 65 FR 19151
10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4354
Sectors Affected: 325411 Medicinal
and Botanical Manufacturing; 325412
Pharmaceutical Preparation
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Randy McDonald, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
RIN: 2060-AI78
3642. AMEND SUBPART HAND I, 40
CFR PART 61, FOR EMISSIONS OF
RADIONUCLIDES OTHER THAN
RADON FROM DOE FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112(g) or (q); PL 95-95
Legal Deadline: None
Abstract: Subparts H and I of 40 CFR
Part 61 establish limits, under the
Clean Air Act, for radionuclide
emissions (other than radon) from
Department of Energy (DOE) and other
non-DOE federal facilities. These
Subparts require emission sampling,
monitoring, and calculations to identify
compliance with the standard. The
current air sampling methodology
required by the standards is embodied
in ANSI-N13. 1-1969, a consensus
guidance document that is incorporated
by reference in EPA's standards. That
guidance was updated in 1999, and
contains new technical
recommendations (that differ from the
1969 version) for obtaining
representative air samples. In this rule,
EPA is updating Subparts H and I to
incorporate the new sampling guidance,
ANSI-N13.1-1999, and require its use
for new facilities and for those
undergoing significant changes to
ventilation systems. Existing facilities
will be allowed to continue sampling
in accordance with the current
requirements.
Timetable:
Action
NPRM
Final Action
Date
05/09/00
07/00/01
FR Cite
65 FR 29934
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4273
Agency Contact: Robin Anderson,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN: 2060-AI90
3643. REVISION TO METHOD 24 FOR
ELECTRICAL INSULATING
VARNISHES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7411; 42 USC 7414; 42 USC 7416; 42
USC 7601
CFR Citation: 40 CFR 60 (Revision)
Legal Deadline: None
Abstract: The purpose of this action is
to revise Method 24 to allow the use
of American Society for Testing and
Materials' Method D6053-96 to measure
the volatile organic content of electrical
insulating varnishes. Method 24 as
currently written is not applicable to
these types of coatings. This action will
ensure consistency in testing these
coatings for determining compliance
with current regulations. We do not
anticipate any impact on small business
or State/local/tribal governments.
Timetable:
Action
Date FR Cite
Direct Final Rule
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4299
Agency Contact: Candace B. Sorrell,
Environmental Protection Agency, Air
and Radiation, MD-19, Research
Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epa.gov
Bill Lamason, Environmental Protection
Agency, Air and Radiation, MD-19,
Research Triangle Park, NC 27711
Phone: 919 541-5374
Fax: 919 541-1039
RIN: 2060-AI94
3644. REGULATION OF FUELS AND
FUEL ADDITIVES: REFORMULATED
GASOLINE ADJUSTMENT
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 80.45
Legal Deadline: None
Abstract: The proposed regulation
would allow CO reductions (associated
with oxygen in the gasoline above 2.0
wt%) to be used to offset increases in
VOC emissions. The change would
allow gasoline that has ethanol as an
oxygenate to have a slightly higher Reid
Vapor Pressure (RVP), which would
alleviate some cost burdens for
complying with Phase II of the RFC
program. The change would therefore
address the concern of the ethanol
industry that such gasoline would
otherwise be locked out of the market.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74551
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/12/00 65 FR 42920
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4358
Agency Contact: Lori Stewart,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 564-9028
Fax: 202 565-2084
Email: shields.mike@epa.gov
Barry Garelick, Environmental
Protection Agency, Air and Radiation,
6406J, Washington, DC 20460
Phone: 202 564-9028
Fax: 202 565-2075
Email: garelick.barry@epa.gov
RIN: 2060-AI98
3645. AMENDMENTS TO STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS, PART 70 AND PART 71,
COMPLIANCE CERTIFICATION
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414a; 42
USC 7661 to 7661f
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Legal Deadline: None
Abstract: Action is in response to the
October 29,1999, United States Circuit
Court of Appeals decision to remand
to EPA part of the October 22, 1997,
Compliance Assurance Monitoring
rulemaking that included revisions to
parts 70 and 71 compliance
certification requirements. The Court
ruled that the compliance certification
must address whether the affected
facility has been in continuous or
intermittent compliance.
Timetable:
Action
Date
FR Cite
Final Action - 40 CFR 10/00/00
70 and 71
(Revisions)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4387
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, EN-341W, MD-19
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
Peter Westlin, Environmental
Protection Agency, Air and Radiation,
MD-19, Research Triangle Park, NC
27711
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AJ04
3646. PROTECTION OF
STRATOSPHERIC OZONE
ALLOCATION OF ESSENTIAL-USE
ALLOWANCES FOR CALENDAR YEAR
2000: LABORATORY ESSENTIAL USE
EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671-7671(q)
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule will set essential-
use allowances for 2000 under the
Montreal Protocol on Substances that
Deplete the Ozone Layer (Protocol).
Essential-use allowances permit a
person to obtain controlled ozone-
depleting substances, such as
chloroflourocarbons (CFCs), as an
exemption to the January 1, 1996
regulatory phaseout of production and
import. Essential-use allowances are
allocated to a person for exempted
production or importation of a specific
quantity of a controlled substance
solely for the designated essential
purpose.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/02/99 64 FR 59141
10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4410
Split from RIN 2060-AI73.
Sectors Affected: 325412
Pharmaceutical Preparation
Manufacturing; 927 Space Research and
Technology
Agency Contact: Erin Birgfeld,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ15
3647. • AMENDMENTS TO THE
NATIONAL EMISSION STANDARDS
FOR HAZARDOUS AIR POLLUTANTS
(NESHAP) FOR PHARMACEUTICALS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: This action is to be taken to
amend the existing NESHAP for
Pharmaceuticals Production,
promulgated on September 21, 1998 (63
FR 50280). The amendment will
address application of MACT controls
during periods of planned routine
maintenance. This need for this
amendment became known during
post-promulgation discussions with the
regulated industry.
Timetable:
Action
Date
FR Cite
Direct Final Rule
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4458
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Randy McDonald, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
RIN: 2060-AJ17
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74552 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
3648. • REVISION OF STANDARDS OF
PERFORMANCE FOR NITROGEN
OXIDE EMISSIONS FROM NEW
FOSSIL-FUEL FIRED STEAM
GENERATING UNITS
Priority: Other Significant
Legal Authority: CAAA sec 407(c)
CFR Citation: 40 CFR 60.40
Legal Deadline: None
Abstract: On September 16, 1998, EPA
promulgated revised Standards of
Performance for Nitrogen Oxide
Emissions from New Fossil-Fuel Fired
Steam Generating Units (63 FR 49442).
Subsequently, five petitions were
received asking for review of several
issues. These issues included the claim
that EPA failed to adequately analyze
the impacts of existing boilers; that
NOx limits are not technically or
economically feasible; and that the
"fuel neutral" approach is not actually
fuel neutral. In September 1999, the
Court vacated the revised Standards as
applied to existing modified boilers,
citing that the regulation was deficient
in explanation of the Agency's
approach to these issues. On December
21, 1999, the Court denied the petitions
regarding the remaining issues. This
rulemaking addresses the
aforementioned issues.
Timetable:
Action
Date FR Cite
Direct Final Rule 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4414
Split from RIN 2060-AE56.
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Bob Wayland,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
James Eddinger, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
RIN: 2060-AJ22
3649. • NESHAP FOR SOURCE
CATEGORIES: PHOSPHORIC ACID
MANUFACTURING AND PHOSPHATE
FERTILIZERS PRODUCTION —
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: PL 101-549 sec 112
CFR Citation: 40 CFR 63 subparts AA
toBB
Legal Deadline: None
Abstract: The rules are being amended
to resolve specific issues and questions
raised after promulgation. The changes
do not change the projections for
environmental benefits, compliance
costs, burden on industry, or the
number of affected facilities. There are
no impacts on small businesses,
State/local/ or tribal governments.
These amendments do not raise any
cross-media issues.
Timetable:
Action
Date
FR Cite
Direct Final Rule 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4442
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Mary Johnson, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
RIN: 2060-AJ29
3650. • STAY OF THE 8-HOUR
PORTION OF FINDINGS OF
SIGNIFICANT CONTRIBUTION AND
RULEMAKING FOR PURPOSES OF
REDUCING INTERSTATE OZONE
TRANSPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 74lO(a)(2)(D);
42 USC 7410(kJ(5)
CFR Citation: 40 CFR 51; 40 CFR 52(a)
Legal Deadline: None
Abstract: This action amends a portion
of the final NOx SIP call by staying
our finding in the NOx SIP Call related
to the 8-hour ozone standards. The
final NOx SIP call required that the
SIPs be submitted by September 30,
1999 and the controls be implemented
by May 1, 2003. On May 25, 1999, the
D.C. Circuit granted a stay of the SIP
submittal date of September 30, 1999.
On June 22, 2000, the D.C. Circuit lifted
the stay and gave States 128 days from
that date to submit a SIP. The new
submittal date is October 30, 2000. In
May 1999, a panel of the D.C. Circuit
Court remanded the revised 8-hour
ozone standards, and in November
1999, the full court denied a rehearing.
On March 3, 2000, the court issued a
decision, largely upholding the NOx
SIP call rule with respect to the 1-hour
ozone NAAQS. Therefore, we are
indefinitely staying the 8-hour portion
of the SIP call because EPA believes
it should not continue implementation
efforts under section 110 with respect
to the 8-hour standard that could be
construed as inconsistent with the
court's ruling while these issues are
being considered by the Supreme
Court. The findings under the 8-hour
standards were completely separate
from its 1-hour findings and were an
independent basis for the rule.
Therefore, all of the requirements of the
SIP call remain in effect for the 1-hour
standard.
Timetable:
Action
Date
FR Cite
Final Action
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4465
Split from RIN 2060-AH10
Agency Contact: Kimber Scavo,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-3354
Fax: 919 541-0824
Email: scavo.kimber@epamail.epa.gov
RIN: 2060-AJ37
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74553
EPA—Clean Air Act (CAA)
Final Rule Stage
3651. • 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 60.751; 40 CFR
60.752(b)(2)(iii)(C)
Legal Deadline: None
Abstract: This action will revise 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 revision 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 to pipeline quality
natural gas. Furthermore, it clarifies
who is responsible for control of
untreated landfill gas that is sold and
the condition under which this gas is
exempt from control. Today's action is
necessary to clarify our intent regarding
the issues discussed above. It will
improve implementation and
compliance with this regulation. There
are no internal issues involved with the
proposal and direct final amendment,
and we anticipate no significant
adverse reaction related to this action
from industry, regulators, or
environmentalists.
Timetable:
Action
Date
FR Cite
Final Action - NSPS: 12/00/00
Municipal Solid
Waste Landfills
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: K.C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Michele Laur, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5256
Fax: 919 541-0246
Email: laur.michele@epa.gov
RIN: 2060-AJ41
3652. • NESHAP: GASOLINE
DISTRIBUTION FACILITIES —
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401
CFR Citation: 40 CFR 63.425(e)
Legal Deadline: None
Abstract: This action will add a DOT
test method as an alternative for
measuring emissions from railcars. This
method came to our attention
subsequent to promulgation of the
original rule.
Timetable:
Action
Date
FR Cite
Direct Final Rule
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4479
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, MD-13
Phone: 919 541-5397
Fax: 919 541-0246
Email: shedd.steve@epa.gov
Martha Smith, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AJ42
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
3653. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7661(a](d)(3)
CFR Citation: 40 CFR 71.7
Legal Deadline: None
Abstract: The proposed regulatory
change would streamline permit
revisions procedures for stationary air
sources that are subject to the Federal
operating permits program.
The Agency does not anticipate any
significant impact on small businesses
and State/local/tribal governments.
Timetable:
Action Date FR Cite
NPRM
Final Action
12/00/02
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3922
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epa.gov
Steve Hitte, Environmental Protection
Agency, Air and Radiation, MD-12,
Research Triangle Park, NC 27711
Phone: 919 541-0886
Fax: 919 541-5509
Email: hitte.steve@epa.gov
RIN: 2060-AG92
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74554 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
3654. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401 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. Since 1993, EPA has amended
the transportation conformity rule three
times in response to stakeholders'
requests. The EPA is working on a
separate revision to address
transportation conformity in
transitional areas which will be final
by December 1998. The EPA has not
reviewed or revised the General
Conformity Regulations since their
1993 promulgation. Several Federal
agencies have identified concerns over
the implementation of the General
Conformity Regulations, including the
requirements for areas designated
nonattainment for the newly
promulgated NAAQS. In conjunction
with an ad hoc work group of
representatives from several Federal
agencies, EPA will review the
implementation of the General
Conformity Regulations. The EPA will
then propose and promulgate any
appropriate revision to those
regulations.
Timetable:
Action
Date FR Cite
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 4070
Agency Contact: Annie Nikbakht,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 2 7711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
RIN: 2060-AH93
3655. REVISIONS TO AIR POLLUTION
EMERGENCY EPISODE
REQUIREMENTS (SUBPART H, 40
CFR PART 51)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(G);
42 USC 7603
CFR Citation: 40 CFR 51 Appendix L;
40 CFR 51.150 to 51.153
Legal Deadline: None
Abstract: 40 CFR part 51.150-51.153
require States to have contingency
plans to prevent air pollution levels
from reaching the significant harm level
(SHL) for CO, 03, S02, NOx, and PM.
Appendix L provides example guidance
to the States on appropriate courses of
action to take at each episode stage
(i.e., alert, warning, and emergency) to
ensure the SHL is not reached. These
requirements were developed in the
1970s, based on the NAAQS from that
era. Since that time, ambient air quality
levels have decreased nationwide.
Today, many areas/sources that no
longer need episode plans must still
develop them. This rule would update
and simplify the criteria used to
determine which areas would require
episode plans. Areas with no more than
one exceedance of the Alert level over
the past 5 years would not need to
develop emergency episode plans.
Sources with the potential to cause
exceedances of the SHL due to a
process/control equipment malfunction
would need to develop source
contingency plans to prevent (and to
respond to) such malfunctions.
Appendix L would also be revised to
reflect the revised program
requirements. The result will be a
sensible, credible program replacing an
outdated program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4247
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Ted Creekmore, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5699
Fax: 919 541-0824
Email: creekmore.ted@epa.gov
RIN: 2060-AI47
3656. REVISION OF EPA'S
RADIOLOGICAL EMERGENCY
RESPONSE PLAN
Priority: Substantive, Nonsignificant
Legal Authority: EO 12777; PL 96-295
Sec 304
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) Radiological
Emergency Response Plan (RERP)
establishes a framework for timely,
coordinated EPA action to protect
public health and safety and the
environment in response to a peacetime
radiological incident. The original EPA
RERP was approved in 1986. This new
revision updates authorities,
responsibilities, capabilities, and
procedures for implementing effective
radiological emergency response
actions by EPA Offices. The RERP
presents the EPA organizational
structure and concept of operations for
responding to radiological incidents as
a participant in a Federal multi-agency
response using the Federal Radiological
Emergency Response Plan (FRERP) and
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Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74555
EPA—Clean Air Act (CAA)
Long-Term Actions
the Federal Response Plan (FRP), and
the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP). This revision incorporates recent
changes to the FRERP and NCP, and
many other policy updates. In short,
this revision ensures that EPA
maintains a comprehensive strategy to
provide organized, effective assistance
to State and local governments in the
event of a radiological emergency.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3638
Was previously listed in the Regulatory
Agenda as RIN 2060-AF85.
Agency Contact: Craig Conklin,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9222
RIN: 2060-AI49
3657. NESHAP: FRICTION PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112; PL 91-190 sec 203
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The friction products
manufacturing source category includes
any facility that manufactures or
remanufactures friction products such
as brakes, brake pads, disk pads, and
clutch pads, including facilities that
use non-asbestiform mineral fibers and
asbestos replacement material.
Hazardous air pollutants (HAPs) are
emitted from solvents contained in the
adhesives used to bond the friction
material to the automobile part. During
1998, the Agency collected current
information from owners/operators
regarding business size, quantities of
pollutants, processes, air pollution
control devices, and workplace
practices in the industry. Some of the
HAPs reported include phenol, toluene,
methyl chloroform, chlorobenzene, o-
cresol, formaldehyde, n-hexane,
hydrogen cyanide, methanol, methylene
chloride, methylisobutyl carbon, 1,1,1-
trichloroethane, trichloroethylene,
chloroethylether, ethylbenzene,
xylenes, and methylethylketone.
Owners/operators reported that these
particular HAPs are emitted during
heated processes such as curing,
bonding, and debonding processes. It is
expected that substantial reductions in
these emissions can be achieved at the
floor levels of controls under section
112(b). Based on this information and
any needed new information to be
developed by EPA and the industry, the
Agency plans to propose and
promulgate a maximum achievable
control technology (MACT) standard for
existing sources and new sources.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 3899
Agency Contact: Kevin Cavender,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
Al Vervaert, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AG87
3658. NESHAP: MANUFACTURE OF
CARBON BLACK
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63 YY
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: The purpose of this
regulatory action is to develop a
Maximum Achievable Control
Technology Standard for the
manufacture of carbon black. This
standard will meet the Clean Air Act
Amendments of 1990 requirement to
regulate sources of hazardous air
pollutants. Three hazardous air
pollutants identified in the 1990 Clean
Air Act Amendments are emitted by
the carbon black process. These are
carbon disulfide, carbonyl sulfide, and
hydrogen cyanide.
Carbon black is a product used
primarily in the manufacture of
automobile tires. There are
approximately 22 carbon black facilities
located in the Nation. Of these it is
currently estimated there are 20 major
sources that will be subject to this
regulation. This rule is not expected to
have impacts on small business.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 3962
Sectors Affected: 325182 Carbon Black
Manufacturing
Agency Contact: John Schaefer,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-3470
Email: schaefer.john@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH19
3659. NESHAP: FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAAA
112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act (CAA)
requires development of emission
standards for sources emitting any of
the hazardous air pollutants (HAP)
listed in section 112(b) of the CAA.
Flexible Polyurethane Foam Fabrication
Operations is listed as a category of
major sources based on documented
emissions of the following HAP:
methylene chloride, trichlorethane,
hydrogen cyanide, and hydrogen
chloride. This source category covers
emissions from various polyurethane
foam bonding operations, including
foam gluing and flame lamination. This
action will explore alternatives for
reducing HAP emissions from the
following emission sources located at
foam fabrication plants: process vents,
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74556 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
raw material storage and transfer
operations, and equipment leaks. By
mid-1999, these facilities had to be in
compliance with the revised, lower
OSHA permissible exposure limits for
methylene chloride, which is the
predominant HAP. Most, if not all
facilities have responded by replacing
methylene chloride with a non-HAP.
Most, if not all of these facilities may
no longer be major sources of HAP
emissions. If there are still major
sources in the source category, a
NESHAP for this source category will
be developed based on Maximum
Achievable Control Technology.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3973
Sectors Affected: 326199 All Other
Plastics Product Manufacturing; 326299
All Other Rubber Product
Manufacturing
Agency Contact: Penny Lassiter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Maria Noell, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5607
Fax: 919 541-3470
Email: noell.maria@epa.gov
RIN: 2060-AH42
3660. NESHAP: OIL AND NATURAL
GAS PRODUCTION
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: On February 2, 1998, we
proposed NESHAP for oil and gas
production (major sources), oil and gas
production (area sources), and natural
gas transmission and storage in one
package. On June 17, 1999, we
promulgated NESHAP for oil and gas
production (major sources) and natural
gas transmission and storage. In this
action, we will publish a supplemental
proposal for the oil and gas production
glycol dehydrators (area sources) and
subsequently promulgate the proposal.
Timetable:
Action
Date FR Cite
Supplemental NPRM 06/00/03
Final Action 06/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4162
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Greg Nizich, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
RIN: 2060-AI13
3661. NESHAP: PROCESS HEATERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act, as
amended in 1990, requires EPA to
develop emission standards for sources
of hazardous air pollutants (HAPs).
Process heaters is among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
control technology (MACT) as
described in section 112 of the CAA.
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4218
Agency Contact: James Eddinger,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AI35
3662. FIELD CITATION PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7413 (d) CAA
sec 113 (d)
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: The Clean Air Act
Amendments give EPA the authority to
issue on-the-spot field citations for
minor violations of the Clean Air Act,
with penalties of up to $5,000 per day
of violation. Section 113(d) of the Act
requires the field citation program to
be implemented through regulations
which provide the informal hearing
procedures. These hearing procedures
are not required to be as rigorous as
those imposed by the Administrative
Procedures Act (APA), but nevertheless
must provide due process. Agency
guidance providing appropriate
penalties for specific minor violations
will be prepared for EPA employees
and made available to the regulated
community. Training on the issuance
of field citations will also be
developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/03/94 59 FR 22776
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 2937
Agency Contact: Gary Secrest,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2242A, Washington, DC
20460
Phone: 202 564-8661
RIN: 2020-AA32
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000 / Unified Agenda 74557
EPA—Clean Air Act (CAA)
Long-Term Actions
3663. NSPS: NEW SOURCE
PERFORMANCE STANDARDS AND
EMISSION GUIDELINES FOR OTHER
SOLID WASTE INCINERATORS
Priority: Other Significant
Legal Authority: 42 USC 7509 CAA sec
129
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Section 129 of the Clean Air
Act of 1990 requires the Agency to
promulgate New Source Performance
Standards (NSPS) and Emission
Guidelines (EG) for solid waste
incinerators. Section 129 specifically
required the Administrator to publish
a schedule for regulating Other Solid
Waste Incinerators (OSWI). A notice in
the Federal Register was published on
November 2, 1993 that announced that
the Administrator would promulgate
OSWI standards by November 15, 2000.
The notice also listed what classes of
incinerators would be covered by the
OSWI standards. Because it is believed
that these OSWI emit significant
amounts of air pollution that cause
public health and environmental
problems, the Administrator intends to
promulgate the NSPS and EG for OSWI
in accordance with section 129.
Standards will be set for the following
pollutants: particulate matter, opacity,
sulfur dioxide, hydrogen chloride,
oxides of nitrogen, carbon monoxide,
lead cadmium, mercury, and dioxins
and dibenzofurans.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
12/28/94 59 FR 66850
11/00/05
11/00/06
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 3751
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Rick Copland, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5265
Fax: 919 541-5450
Email: copland.rick@epa.gov
RIN: 2060-AG31
3664. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670 to 7479
CAA sec 160-169
CFR Citation: 40 CFR 51.166; 40 CFR
52.21
Legal Deadline: None
Abstract: Under the Clean Air Act's
prevention of significant deterioration
(PSD) program, a State or tribe may
redesignate their lands as class I areas
to provide enhanced protection for
their air quality resources. This rule
will clarify the PSD permit review
procedures for new and modified major
stationary sources near these non-
Federal class I areas. EPA seeks to
develop clarifying PSD permit
application procedures that are
effective, efficient, and equitable.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
05/16/97 62 FR 27158
10/00/02
10/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919
Agency Contact: David LaRoche,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: laroche.david@epa.gov
RIN: 2060-AH01
3665. CONSUMER AND COMMERCIAL
PRODUCTS: FLEXIBLE PACKAGE
PRINTING MATERIALS:
DETERMINATION ON CONTROL
TECHNIQUES GUIDELINES IN LIEU OF
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In accordance with Section
183(e) of the Clean Air Act, EPA
identified flexible package printing
materials as a category of consumer and
commercial products prioritized for
regulation to reduce VOC emissions in
ozone nonattainment areas. Section
183(e)(3)(C) gives EPA the authority to
issue CTG in lieu of regulation if the
Administrator determines that CTG are
substantially as effective as regulation
in reducing VOC emissions in ozone
nonattainment areas. This action will
put forward EPA's proposed
determination under section
183(e)(3)(C).
Timetable:
Action
Date FR Cite
Final 04/00/02
Determination/CTG
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4245
Agency Contact: Dianne Byrne,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Linda Herring, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5358
Fax: 919 541-5689
Email: herring.linda@epa.gov
RIN: 2060-AI31
3666. PROTECTION OF
STRATOSPHERIC OZONE: UPDATE
OF THE SUBSTITUTES LIST UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671(k) CAA sec 612
CFR Citation: 40 CFR 82; 40 CFR 9
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone
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74558 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000 / Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Unlike acceptable
alternatives (see Notices), substitutes
which are deemed by EPA to be
unacceptable or acceptable subject to
use restrictions must go through notice
and comment rulemaking. Substitute
lists are updated intermittently
depending on the volume of
notifications.
Timetable:
Action
ANPRM
NPRM
Final Rule
Notice 1
NPRM1
Notice 2
Final Rule 1
Notice 3
NPRM 2
Notice 4
NPRM 3
Final Rule 2
Notice 5
Final Rule 3
Notice 6
NPRM 4
Notice 7
NPRM 5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
ANPRM 9
NPRM 6
Final Rule 5
Notice 10
Notice 1 1
Notice 12
Final Rule 6
Notice 1 3
NPRM 10
Date FR Cite
01/16/92 57 FR 1984
05/12/93 58 FR 28094
03/18/94 59 FR 13044
08/26/94 59 FR 44240
09/26/94 59 FR 49 108
01/13/95 60 FR 3318
06/13/95 60 FR 31 092
07/28/95 60 FR 38729
10/02/95 60 FR 51 383
02/08/96 61FR4736
05/22/96 61 FR 25604
05/22/96 61 FR 25585
09/05/96 61 FR47012
10/16/96 61 FR 54030
03/10/97 62 FR 10700
05/21/97 62 FR 27874
06/03/97 62 FR 30275
02/03/98 63 FR 5491
02/24/98 63 FR 91 51
05/22/98 63 FR 28251
01/26/99 64 FR 3861
01/26/99 64 FR 3865
02/18/99 64 FR 8043
02/18/99 64 FR 8038
04/28/99 64 FR 22981
06/08/99 64 FR 30410
12/06/99 64 FR 68039
04/11/00 65 FR 19327
04/26/00 65 FR 24387
06/19/00 65 FR 37900
07/11/00 65 FR 42653
Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3525
(Generic SAN)
Agency Contact: Anhar Karimjee,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-2683
Fax: 202 565-2095
RIN: 2060-AG12
3667. IDENTIFICATION OF
ADDITIONAL OZONE AREAS
ATTAINING THE 1-HOUR STANDARD
AND TO WHICH THE 1-HOUR
STANDARD IS NO LONGER
APPLICABLE (7 AREAS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 81 (Revision)
Legal Deadline: None
Abstract: EPA proposes to identify
several additional ozone areas where
the 1-hour standard is no longer
applicable. This proposed action is
based upon analysis of quality-assured,
ambient air quality monitoring data
showing no violations of the 1-hour
ozone standard. Determinations for this
notice were based upon the most recent
data available, i.e., 1996-1998. The EPA
has previously taken final action
regarding the applicability of the 1-hour
standard for other areas on June 5,
1998, and July 22, 1998.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/09/99 64 FR 30937
To Be Determined
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4274
Agency Contact: Barry Gilbert,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5238
Fax: 919 541-0824
Email: gilbert.barry@epa.gov
Annie Nikbakht, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
RIN: 2060-AI57
3668. REVISION TO NOX SIP CALL
EMISSION BUDGETS FOR
CONNECTICUT, MASSACHUSETTS
AND RHODE ISLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410(a)(2)(D);
42 USC 7410(k)(5)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: On October 27, 1998, EPA
published a final rule (the "OTAG SP
Call") making a finding of significant
contribution and assigning statewide
NOx emission budgets to 22 States and
the District of Columbia for purposes
of reducing regional transport of ozone
and its precursor, NOx. Subsequent to
the promulgation of the SIP call, EPA
and the States of Connecticut,
Massachusetts and Rhode Island signed
a memorandum of understanding that
obligated EPA to propose to redistribute
the budgets assigned to the three States
in a different way. This action would
carry out that obligation. This
redistribution would not lead to an
increase in the overall budget for the
three States.
Timetable:
Action
Date
FR Cite
Direct Rnal Rule 09/15/99 64 FR 49987
Withdrawal of Direct 11/01/99 64 FR 58792
Final Rule
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4276
Direct Final Action-
http://www.epa.gov/ fedrgstr/EPA-
AIR/1999/September/ Day-
15/a23914.htm
Withdrawal-http://www.epa.gov/
fedrgstr/EPA-AIR/1999/November/Day-
01/a28519.htm
Agency Contact: Kevin Culligan,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 564-9172
Email: culligan.kevin@epa.gov
Kathryn Petrillo, Environmental
Protection Agency, Air and Radiation,
6204J, Washington, DC 20460
Phone: 202 564-9093
Fax: 202 565-2141
Email: petrillo.kathryn@epa.gov
RIN: 2060-AI80
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74559
EPA—Clean Air Act (CAA)
Long-Term Actions
3669. INTERSTATE OZONE
TRANSPORT: RULEMAKING ON
SECTION 126 PETITIONS FROM THE
DISTRICT OF COLUMBIA,
DELAWARE, MARYLAND, AND NEW
JERSEY
Priority: Economically Significant
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory,
December 14, 1999, for New Jersey.
Final, Statutory, January 1, 2000, for
Maryland.
Final, Statutory, February 10, 2000, for
Delaware.
Final, Statutory, March 7, 2000, for the
District of Columbia.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA]. Each petition
specifically requests that EPA make a
rinding 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
CAA requires EPA to take final action
on the petitions within 60 days of
receipt, but may extend the deadline
for up to 6 additional months to allow
for public process. The EPA took
rulemaking action on similar petitions
from 8 other Northeastern States that
were submitted in 1997.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4383
There is a different statutory deadline
associated with each petition based on
the date of receipt by EPA: New Jersey
- 12/14/99, Maryland - 01/01/00,
Delaware - 02/10/00, District of
Columbia - 03/07/00
Agency Contact: David Cole,
Environmental Protection Agency, Air
and Radiation, MD-15, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
MD-15, Research Triangle Park, NC
27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
RIN: 2060-AI99
3670. RESCINDING THE FINDING
THAT THE PRE-EXISTING PM10
STANDARDS ARE NO LONGER
APPLICABLE IN NORTHERN ADA
COUNTY/BOISE, IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the pre-
existing PM-10 NAAQS. Therefore, in
order to protect public health in the
Boise/Ada County area, EPA is
proposing to reinstate the pre-existing
PM-10 NAAQS. Without this action
there would be no Federal PM-10
NAAQS applicable to this area.
Timetable:
Action
Date
FR Cite
NPRM
Notice Extension of
Comment Period
Final Action
06/26/00 65 FR 39321
07/26/00 65 FR 45953
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4391
Agency Contact: Mike Prosper,
Environmental Protection Agency, Air
and Radiation
Phone: 202 564-5589
Email: prosper.michael@epa.gov
Gary Blais, Environmental Protection
Agency, Air and Radiation, MD-15,
Washington, DC 20460
Phone: 919 541-3223
Fax: 919 541-5489
Email: blais.gary@epa.gov
RIN: 2060-AJ05
3671. NESHAP: ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES
Priority: Other Significant
Legal Authority: CAA Section 112
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The completed Secondary
Aluminum Production NESHAP
included some aluminum die casting
facilities and aluminum foundries
under its applicability. EPA has based
its MACT standard for aluminum die
casting and aluminum foundries, as
well as its assessment of the economic
impacts on small businesses in these
industries, on information on
representative facility practices
provided to EPA by these industries to
date. However, affected facilities in
these industries have expressed
concern that the information and
assumptions upon which EPA has
relied may be incomplete or may not
adequately represent the processes and
emissions at such facilities. Therefore,
EPA will initiate a formal process to
collect further information from the
facilities in these industries on the
activities in which they engage and the
potential of these activities to
contribute to HAP emissions. After
evaluating this information, EPA will
make a new determination concerning
MACT requirements for both major
facilities and area sources in these
industries. EPA expects to adopt any
alternative MACT standard applicable
to these industries, and to take final
action to remove the aluminum die
casting and aluminum foundry
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74560 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
industries from the current standard,
within two years.
Timetable:
Action
Date
FR Cite
NPRM
03/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4413
Sectors Affected: 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries
Agency Contact: Jim Crowder,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5596
Juan E. Santiago, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
RIN: 2060-AJ09
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
3672. • FEDERAL IMPLEMENTATION
PLAN (FIP) TO CONTROL EMISSIONS
FROM SOURCES LOCATED ON THE
FORT HALL INDIAN RESERVATION
Priority: Other Significant
Legal Authority: CAA, title I
CFR Citation: 40 CFR 49
Legal Deadline: None
Abstract: EPA will propose Federal
rulemaking for sources located on the
Reservation to implement the intent of
the Clean Air Act (CAA) title I program
to bring about attainment of the PM-
10 NAAQS both on and off the Fort
Hall Indian Reservation.
Timetable:
Action
NPRM
NPRM
NPRM
Final Action
Date FR Cite
02/12/99 64 FR 7307
01/24/00 65 FR 3680
01/27/00 65 FR 4465
08/23/00 65 FR 51 411
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3637
NPRM-
http ://www. epa.gov/fedrgstr/EPA-
AIR/1999/February/Day-12/a2993.htm
Formerly listed as RIN 2060-AF84
Agency Contact: Steve Body,
Environmental Protection Agency,
Regional Office Seattle, RegionlO,
Seattle, WA 98101
Phone: 206 553-0782
RIN: 2012-AAOO
3673. SOURCE SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
FOUR CORNERS POWER PLANT
Priority: Other Significant
CFR Citation: 40 CFR 60
Completed:
Reason
Date
Transferred to RIN 08/03/00
2009-AA01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Douglas McDaniel
Phone: 415 744-1246
Colleen McKaughan
Phone: 520 498-0118
RIN: 2060-AF42
3674. FEDERAL IMPLEMENTATION
PLAN (FIP) TO CONTROL EMISSIONS
FROM SOURCES LOCATED ON THE
FORT HALL INDIAN RESERVATION
Priority: Other Significant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Transferred to RIN 08/03/00
2012-AAOO
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Steve Body
Phone: 206 553-0782
RIN: 2060-AF84
3675. AMENDMENT TO STANDARDS
OF PERFORMANCE FOR NEW
STATIONARY SOURCES;
MONITORING REQUIREMENTS (PS-1)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60
Completed:
FR Cite Reason
Date
FR Cite
Final Action
08/10/00 65 FR 48914
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Solomon Ricks
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AG22
3676. NSPS: SEWAGE SLUDGE
INCINERATORS
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn
08/15/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Agency Contact: Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Gene Grumpier
Phone: 919 541-0881
Fax: 919 541-5600
Email: crumpler.gene@epa.gov
RIN: 2060-AG50
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74561
EPA—Clean Air Act (CAA)
Completed Actions
3677. NESHAP: TACONITE IRON ORE
PROCESSING
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date
FR Cite
Merged With RIN 09/20/00
2060-AJ02, SAN
4380
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
Conrad Chin
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@epa.gov
RIN: 2060-AH73
3678. NESHAP: AMMONIUM
SULPHATE PRODUCTION
(CAPROLACTAM BYPRODUCT)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With RIN 09/20/00
2060-AE82, SAN
3452
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jeff Telander
Phone: 919 541-5427
Fax: 919 541-5600
Email: telander.jeff@epa.gov
Jim Crowder
Phone: 919 541-5596
RIN: 2060-AH77
3679. NESHAP: HYDROGEN
CHLORIDE PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With RIN 09/20/00
2060-AH75, SAN
4104
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Joseph Wood
Phone: 919 541-5446
Kenneth Durkee
Phone: 919 541-5425
RIN: 2060-AH80
3680. OPTIONAL CERTIFICATION
STREAMLINING PROCEDURES FOR
LDVS, LDTS, AND HDES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 86; 40 CFR 88
Completed:
Reason
Date
FR Cite
Final Action 03/07/00 65 FR 11898
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Clifford Tyree
Phone: 313 668-4310
Fax: 734 214-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AI15
3681. ADDITIONAL FLEXIBILITY
AMENDMENTS TO INSPECTION
MAINTENANCE PROGRAM
REQUIREMENTS; AMENDMENTS TO
THE FINAL RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR part 51
Completed:
Reason
Date
FR Cite
Final Action 07/24/00 65 FR 45526
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: David Sosnowski
Phone: 734 214-4823
Fax: 734 214-4906
Email: sosnowski.dave@epa.gov
RIN: 2060-AI61
3682. • NESHAP: OFF-SITE WASTE
RECOVERY OPERATIONS;
ADDITIONAL TECHNICAL
AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The technical correction
notice will correct typographical errors
in the final rule. There will also be a
change made to the final rule in
sections 63.69(d)(3)(ii), (e)(3)(ii),
(f)(3)(iii), and (g)(3)(ii) to remove the +/-
1 percent accuracy requirement and
replace it with reference to part 60
appendix B performance specification 8
or 9.
Timetable:
Action
Date FR Cite
Direct Final Rule 07/20/99 64 FR 38950
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4453
Split from RIN 2060-AH96.
Sectors Affected: 32411 Petroleum
Refineries; 325412 Pharmaceutical
Preparation Manufacturing; 32731
Cement Manufacturing; 562112
Hazardous Waste Collection
Agency Contact: Kent C. Hustvedt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
Elaine Manning, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5499
Fax: 919 541-0246
Email: manning.elaine@epa.gov
RIN: 2060-AJ21
3683. NESHAP: SECONDARY
ALUMINUM INDUSTRY
Priority: Other Significant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 03/23/00 65 FR 15689
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Juan Santiago
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74562 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Phone: 919 541-1084
Fax: 919 541-5600
Email: santiago.juan@epa.gov
Jim Crowder
Phone: 919 541-5596
RIN: 2060-AE77
3684. OFFSET LITHOGRAPHIC
PRINTING NATIONAL VOC RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 59
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 08/15/00
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Dianne Byrne
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Daniel Brown
Phone: 919 541-5305
Fax: 919 541-5689
Email: brown.dan@epa.gov
RIN: 2060-AHOO
3685. TRANSPORTATION
CONFORMITY AMENDMENT:
DELETION OF GRACE PERIOD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 93.102(d)
Completed:
Reason
Date
FR Cite
Final Action 04/10/00 65 FR 18911
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Kathryn Sargeant
Phone: 734 214-4441
Fax: 734 214-4052
Email: sargeant.kathryn@epa.gov
RIN: 2060-AI76
3686. NONROAD SPARK-IGNITION
ENGINES AT OR BELOW 19
KILOWATTS (25 HORSEPOWER)
(PHASE 2)
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 90
Completed:
Reason
Date
FR Cite
Final Action Hand-held 04/25/00 65 FR 24267
engines
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Phil Carlson
Phone: 734 241-4270
RIN: 2060-AE29
3687. REDEFINITION OF GLYCOL
ETHERS LISTED AS HAPS UNDER
THE CLEAN AIR ACT, AND
HAZARDOUS SUBSTANCES UNDER
CERCLA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 302 (Revision);
40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Final Action 08/02/00 65 FR 47342
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Dave Guinnup
Phone: 919 541-5368
Email: guinnup.dave@epa.gov
Dr. Roy L. Smith
Phone: 919 541-5362
Fax: 919 541-0237
Email: smith.roy@epa.gov
RIN: 2060-AI08
3688. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM 2004 AND
LATER MODEL YEAR HEAVY-DUTY
HIGHWAY ENGINES AND VEHICLES;
REVISION OF LIGHT-DUTY TRUCK
DEFINITION
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 86; 40 CFR 88
Completed:
Reason
Date
FR Cite
Final Action 10/06/00 65 FR 59895
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Christopher Lieske
Phone: 313 668-4584
Fax: 313 741-7816
Email:
lieske.christopher@epamail.epa.gov
Glenn W. Passavant
Phone: 734 214-4408
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AI12
3689.
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS—FEDERAL
PLAN (FEDERAL PLAN FOR EXISTING
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60.27
Completed:
Reason
Date FR Cite
Final Action
08/15/00 65 FR 49868
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: David Painter
Phone: 919 541-5515
Fax: 919 541-2664
Email: painter.david@epa.gov
RIN: 2060-AI25
3690. NESHAP: ETHYLENE OXIDE
COMMERCIAL STERILIZATION AND
FUMIGATION OPERATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date FR Cite
Interim Final Rule- 12/03/99 64 FR 67789
Extended
Suspension of Rule
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
David Markwordt
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
RIN: 2060-AI37
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74563
EPA—Clean Air Act (CAA)
Completed Actions
3691. PROTECTION OF
STRATOSPHERIC OZONE:
MANUFACTURE OF HALON BLENDS,
INTENTIONAL RELEASE OF HALON,
TECHNICAL TRAINING AND
DISPOSAL OF HALON AND HALON-
CONTAINING EQUIPMENT -
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.250 to 82.270
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 09/05/00
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Lisa Chang
Phone: 202 564-9742
Fax: 202 565-2096
Email: chang.lisa@epa.gov
RIN: 2060-AI40
3692. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENT TO TRANSSHIPMENT
PROVISION IN FINAL RULE
ACCELERATING THE PHASEOUT OF
OZONE-DEPLETING SUBSTANCES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 08/21/00
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Sue Stendebach
Phone: 202 564-9117
Fax: 202 565-2093
Email: stendebach.sue@epa.gov
RIN: 2060-AI46
3693. TECHNICAL AMENDMENT TO
THE FINDING OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR CERTAIN STATES FOR
PURPOSES OF REDUCING REGIONAL
TRANSPORT OF OZONE (THE NOX
SIP CALL RULE)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51 (Revision)
Completed:
Reason
Date
FR Cite
Final Action- 03/02/00 65 FR 11222
Technical
Amendment
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Greg Stella
Phone: 919 541-3649
Fax: 919 541-0684
Email: stella.greg@epa.gov
Jan King
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epa.gov
RIN: 2060-AI71
3694. PROTECTION OF
STRATOSPHERIC OZONE
ALLOCATION OF ESSENTIAL-USE
ALLOWANCES FOR CY 2000:
ALLOCATIONS FOR METERED-DOSE
INHALERS & THE SPACE SHUTTLE &
TITAN ROCKETS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
Final Action 06/30/00 65 FR 40524
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Erin Birgfeld
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AI73
3695. SOURCE SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
CFR Citation: 49 CFR 123
Completed:
Reason
Date
FR Cite
Transferred to RIN 08/03/00
2009-AAOO
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Colleen McKaughan
Phone: 520 498-0118
Douglas McDaniel
Phone: 415 744-1246
RIN: 2060-AI79
3696. AMENDMENT TO NATIONAL
EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS:
HALOGENATED SOLVENT CLEANING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.468(j)
Completed:
Reason
Date
FR Cite
Direct Rnal Rule 07/13/99 64 FR 37683
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Candace Carraway
Phone: 919 541-3189
Fax: 919 541-5509
Email: carraway.candace@epa.gov
RIN: 2060-AI91
3697. AMENDMENTS TO THE
NESHAP: HALOGENATED SOLVENT
CLEANING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action 12/03/99 64 FR 67793
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Dianne Byrne
Phone: 919 541-5342
Fax: 919 541-5689
Email: byrne.dianne@epa.gov
Paul Almodovar
Phone: 919 541-0283
Fax: 919 541-5689
Email: almodovar.paul@epa.gov
RIN: 2060-AJ01
3698. NESHAP: OIL AND NATURAL
GAS PRODUCTION AND NATURAL
GAS TRANSMISSION AND STORAGE;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn - Agency
Plans No Further
Action
08/15/00
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74564 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Greg Nizich
Phone: 919 541-3078
Fax: 919 541-0246
Email: nizich.greg@epa.gov
Martha Smith
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epa.gov
RIN: 2060-AJ08
3699. DIRECT FINAL AMENDMENTS
TO THE POLYETHER POLYOLS
NESHAP
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.1420 to 1439
(Revision)
Completed:
Reason
Date
FR Cite
Direct Final Rule
05/08/00 65 FR 26491
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
Bob Rosensteel
Phone: 919 541-5608
Fax: 919 541-3470
Email: rosensteel.bob@epa.gov
RIN: 2060-AJ10
3700. EXTENDING OPERATING
PERMITS PROGRAM INTERIM
APPROVAL EXPIRATION DATES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70 (Revision)
Completed:
Reason
Date
FR Cite
Final Action 05/22/00 65 FR 32035
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Agency Contact: Roger Powell
Phone: 919 541-5331
Fax: 919 541-5509
Email: powell.roger@eap.gov
RIN: 2060-AJ12
3701. ELECTRIC ARC FURNACE NSPS
AMENDMENT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 08/15/00
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Kevin Cavender
Phone: 919 541-2364
Fax: 919 541-5600
Email: cavender.kevin@epa.gov
RIN: 2060-AJ13
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3702. PROTECTIVE ACTION
GUIDANCE FOR DRINKING WATER
Priority: Other Significant
Legal Authority: EO 12241; 42 USC
2021(h) AEA of 1954 sec 274(h);
Reorganization Plan No. 3 of 1970; PL
96-295 sec 304
CFR Citation: 41 CFR 351
Legal Deadline: None
Abstract: This action will result in
Federal protective action guidance
(PAG) for State and local officials to
use in the event of a nuclear accident
to protect the general public from the
adverse health effects associated with
the ingestion of drinking water that is
contaminated with radioactive material.
The PAG will be incorporated into the
Revision of the PAG Manual. The draft
guidance will be submitted to the PAG
Subcommittee of the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) for review and
comment. Members of the PAG
subcommittee include representatives
from DOE, DOD, FEMA, NRC, HHS,
USDA, DOT, and the Conference of
Radiation Control Program Directors
(CRCPD). When a consensus among the
representatives is reached, the guidance
is recommended to the full FRPCC for
endorsement. After that endorsement is
obtained a notice of the availability of
a revised EPA 400-R-92-001, Manual of
Protective Action Guides and Protective
Actions for Nuclear Incidents will be
published in the Federal Register. This
action is temporarily delayed until the
FDA's revised PAGs for Food can be
evaluated.
Timetable:
Action
Date
FR Cite
Notice of Availability 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 3602
Agency Contact: Charles Blue,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9488
RIN: 2060-AF39
3703. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR THE
DISPOSAL OF LOW-ACTIVITY MIXED
RADIOACTIVE WASTE
Priority: Other Significant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 193
Legal Deadline: None
Abstract: This voluntary action will
allow low-activity mixed radioactive
wastes to be disposed in facilities that
meet the design requirements for
RCRA-C disposal cells. The wastes
intended to be disposed of in these
cells are mixed wastes, consisting of a
chemically hazardous component and
low levels of radioactivity. These
wastes are anticipated to arise in the
commercial sector from various
sources. The rule is intended to
increase disposal options for these
wastes and offer a streamlined
regulatory process which melds
hazardous chemical protection and
radioactivity protection requirements
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74565
EPA—Atomic Energy Act (AEA)
Proposed Rule Stage
while protecting public health and
safety. The rule does not mandate a
disposal method, but rather permits an
alternative to existing disposal
methods. The U.S. Nuclear Regulatory
Commission is anticipated to be the
implementing Agency for the
application of this rule.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4054
Agency Contact: Dan Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9300
Fax: 202 565-2062
Email: schultheisz.daniel@epa.gov
RIN: 2060-AH63
3704. REVISION OF THE 40 CFR PART
194 WASTE ISOLATION PILOT PLANT
COMPLIANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: PL 102-579; PL 104-
201; Waste Isolation Pilot Plant Land
Withdrawal Act of 1992; 106 Stat. 4777
as amended by the 1996 LWA
Amendments
CFR Citation: 40 CFR 194.8(b)
Legal Deadline: None
Abstract: This rule would change some
of the language in Section 194.8(b) of
the Waste Isolation Pilot Plant (WIPP)
Compliance Criteria without deleting
any of the requirements for the
Department of Energy's (DOE)
compliance. Section 194.8(b) explains
the process by which EPA inspects and
approves waste characterization
processes at DOE transuranic waste
sites that send waste to the WIPP. The
194.8(b) process involves a public
comment period. Most of the language
in Section 194.8(b) will be left intact.
The most significant change would
eliminate a statement that EPA will
follow the 194.8(b) notice-and-comment
process each time a previously
approved site seeks to send a different
"waste stream" to the WIPP. Other
changes would correct certain
terminology and clarify the important
elements of our inspections. This rule
would eliminate the ambiguity of the
current language and replace it with:
(1) a site can ship waste once EPA has
approved it using a notice-and-
comment process; (2) EPA will perform
follow-up inspections under a separate
authority that does not call for public
comment; and (3) EPA can disallow
shipment if an initial or follow-up
inspection reveals significant
compliance issues. The main purpose
of this revision is to eliminate EPA's
obligation to approve DOE sites on a
waste stream by waste stream basis.
Our understanding of DOE's operations
has improved considerably since
194.8(b) went final in May 1998. We
now recognize that approving sites by
waste stream, using a comment period,
is unnecessarily time-consuming for
EPA staff, confusing for DOE, and
generates almost no public comment. In
addition, repetitive inspections at sites
are expensive and provide little
additional regulatory confidence. This
rule will save money and will greatly
improve the effectiveness of our
interactions with DOE.
Timetable:
Action
Date
FR Cite
NPRM
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4403
Agency Contact: Scott Monroe,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9712
Fax: 202 565-2062
Email: monroe.scott@epa.gov
RIN: 2060-AJ07
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3705. DATA REQUIREMENTS FOR
PESTICIDE REGISTRATION
(REVISION)
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to 136(y)
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update the data
requirements specifically necessary for
the Agency to evaluate the registrability
of pesticide products. The revisions
will clarify all data requirements to
reflect current practice. Procedural and
explanatory sections of the current
regulations will be amended to make
them consistent with the revised data
requirements and new use indexing.
EPA intends to accomplish this
revision through a series of proposals,
covering different data disciplines and
product types.
Timetable:
Action
Date
FR Cite
NPRM 1 - 04/00/01
Environmental Fate,
Ecological Effects
and Efficacy
Portions
NPRM 2 - Toxicology, 04/00/01
Exposure and
Residue Chemistry
Portions
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Melissa Chun, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-4027
Fax: 703 305-5884
Email: chun.melissa@epa.gov
RIN: 2070-AC12
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74566 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3706. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Regulatory Plan: This entry is Seq. No.
121 in Part II of this issue of the
Federal Register.
RIN: 2070-AD26
3707. PESTICIDES; PROCEDURES
FOR REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(g); 7
USC 136(w)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Agency is establishing
procedures to implement section 3(g) of
the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) which
provides for periodic review of
pesticide registrations. The goal of
these regulations is to review a
pesticide's registration every 15 years.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
04/26/00 65 FR 24586
04/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4170
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Vivian Prunier, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 308-9341
Fax: 703 308-5884
Email: prunier.vivian@epa.gov
RIN: 2070-AD29
3708. DATA REQUIREMENTS FOR
ANTIMICROBIAL REGISTRATIONS;
PRODUCT CHEMISTRY
REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a, I36c,
136w
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will clarify all
antimicrobial data requirements to
reflect current practice.
Timetable:
Action
Date FR Cite
NPRM
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound Manufacturing
Agency Contact: Paul Parsons,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9073
Fax: 703 305-5884
Email: parsons.paul@epa.gov
RIN: 2070-AD30
3709. REGISTRATION OF GRANULAR
FERTILIZER-PESTICIDE
COMBINATION PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136
CFR Citation: 40 CFR 152.43
Legal Deadline: None
Abstract: This propose rule would
allow the registration of multiple
products consisting of granular
pesticide-fertilizer combinations under
a single registration. The result of this
regulatory change would be to
streamline the registration process for
such products, reduce paperwork
burdens and costs for producers of
pesticide-fertilizer combination
products.
Timetable:
Action Date FR Cite
NPRM
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4347
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Dan Kenny, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7505C,
Washington, DC 20460
Phone: 703 305-7546
Email: kenny.dan@epa.gov
RIN: 2070-AD40
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3710. TOLERANCES FOR PESTICIDE
EMERGENCY EXEMPTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 176
Legal Deadline: Final, Statutory,
August 3, 1997.
Abstract: This regulation will set out
policies and procedures under which
EPA will establish food tolerances
associated with the use of pesticides
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74567
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
under emergency exemptions.
Emergency exemptions are issued for
temporary use of pesticides where
emergency conditions exist. Under the
Federal Food, Drug and Cosmetic Act,
as amended by the Food Quality
Protection Act, EPA must establish
time-limited tolerances for such
pesticides if the use is likely to result
in residues in food. EPA expects to
describe the procedures to be used, and
the criteria for establishing tolerances.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/03/99 64 FR 29823
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3890
NPRM-http://www.epa.gov/fedrgstr/
EPA-PEST/1999/June/Day-03/
pl4070.htm
Sectors Affected: 111 Crop Production;
112 Animal Production; 9241
Administration of Environmental
Quality Programs
Agency Contact: Joe Hogue,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 308-9072
Fax: 703 305-5884
Email: hogue.joseph@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD15
3711. PESTICIDES; TOLERANCE
PROCESSING FEES
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180.33
Legal Deadline: None
Abstract: In 1996, the Food Quality
Protection Act amended the Federal
Food, Drug, and Cosmetic Act to
require EPA to charge tolerance fees
that, in the aggregate, will cover all
costs associated with processing
tolerance actions, including filing a
tolerance petition, and establishing,
modifying, leaving in effect, or revoking
a tolerance or tolerance exemption.
Since 1983 (the last time a cost analysis
was conducted), factors such as
expanded data requirements, changes
in risk assessment methods,
improvements in data base management
and tracking systems, and the
increasing complexity of scientific
review of petitions have resulted in
costs substantially exceeding the fees
currently charged. This rule will adjust
the fee structure and fee amounts for
tolerance actions.
Timetable:
Action
Date
FR Cite
NPRM 06/09/99 64 FR 31039
Supplemental NPRM 07/24/00 65 FR45569
Processing Fees for
Inert Ingredients
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
3712. PLANT-INCORPORATED
PROTECTANTS; FIFRA RULE AND
FFDCA TOLERANCE ACTIONS
Regulatory Plan: This entry is Seq. No.
137 in Part II of this issue of the
Federal Register.
RIN: 2070-AC02
3713. PESTICIDE MANAGEMENT AND
DISPOSAL
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: This action develops
procedures for mandatory and
voluntary recall actions under section
19(b) of FIFRA and would establish
criteria for acceptable storage and
disposal plans which registrants may
submit to this Agency to become
eligible for reimbursement of storage
costs. This action establishes
procedures for indemnification of
owners of suspended and canceled
pesticides for disposal.
Action
NPRM
Final Action
Additional Information: SAN No. 4027 Timetable:
NPRM-http://www.epa.gov/fedrgstr/
EPA-PEST/1999/June/Day-09/
pl4477.htm
Supplemental NPRM-
http://www.epa.gov/fedrgstr/ EPA-
PEST/2000/July/Day-24/ pl8646.htm
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
Date FR Cite
05/05/93 58 FR 26856
05/00/01
Carol Peterson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@epa.gov
RIN: 2070-AD23
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3432
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
RIN: 2020-AA33
3714. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
Regulatory Plan: This entry is Seq. No.
138 in Part II of this issue of the
Federal Register.
RIN: 2070-AC46
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74568 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3715. WPS; PESTICIDE WORKER
PROTECTION STANDARD; GLOVE
AMENDMENT
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136(w)
CFR Citation: 40 CFR 170
Legal Deadline: None
Abstract: This final rule would create
greater flexibility in requirements of the
1992 Worker Protection Standard
related to the use of gloves by workers
and applicators.
Timetable:
Action
Date FR Cite
NPRM 09/09/97 62 FR 47544
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3731
NPRM-http://www.epa.gov/fedrgstr/
EPA-PEST/1997/September/Day-09/
p23833.htm
Sectors Affected: 111 Crop Production;
1114 Greenhouse, Nursery and
Floriculture Production; 1131 Timber
Tract Operations; 115 Support
Activities for Agriculture and Forestry
Agency Contact: Jean Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
John R. MacDonald, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 305-7370
Fax: 703 308-2962
Email: macdonald.john@epa.gov
RIN: 2070-AC93
3716. REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS; AND OTHER PESTICIDE
REGULATORY CHANGES
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7
USC 136(w)
CFR Citation: 40 CFR 152; 40 CFR 156
Legal Deadline: Final, Statutory,
September 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. EPA will
evaluate the feasibility and cost-
effectiveness of various registration
process reforms, including registrant
certification, and expansion of the
current notification procedures. In
addition, the regulation will also
include labeling standards for public
health antimicrobial products. This
regulation will also implement some
general provisions of FIFRA pertaining
to all pesticides, including labeling
requirements. EPA intends to
promulgate these provisions separately
from the antimicrobial portion of the
proposal.
Timetable:
Action
Date
FR Cite
NPRM 09/17/99 64 FR 50671
Final Action - Labeling 12/00/00
and Other
Regulatory Portions
Final Action- 01/00/01
Antimicrobial
Procedural Portion
Only
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32531 Fertilizer Manufacturing; 32532
Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 32561 Soap
and Cleaning Compound
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 42291
Farm Supplies Wholesalers
Agency Contact: Jean M. Frane,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD14
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
3717. PESTICIDE TOLERANCE
REASSESSMENT PROGRAM
Priority: Other Significant
Legal Authority: 21 USC 346(a)(q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory,
August 3, 2002, See additional
information.
Abstract: EPA will reassess pesticide
tolerances and exemptions for raw and
processed foods established prior to
August 3, 1996, to determine whether
they meet the reasonable certainty of
no harm standard of the Federal Food,
Drug and Cosmetic Act (FFDCA).
FFDCA section 408(q), as amended by
the Food Quality Protection Act
(FQPA). FQPA requires that EPA
conduct this reassessment on a phased
10-year schedule. Based on its
reassessment, EPA will take a series of
regulatory actions to modify or revoke
tolerances. Since such actions are
issued on a chemical-by-chemical basis,
this regulatory plan entry does not list
the individual actions that are likely to
occur under this program. For status
information about the individual
chemicals, go to
http://wTArw.epa.gov/pesticides.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74569
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Timetable:
Timetable:
Action
NPRM
Final Action
Date
To Be
To Be
FR Cite
Determined
Determined
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4175
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33 percent by
August 3; 1999; 66 percent by August
3; 2002; and 100 percent by August 3;
2006. The Agency will continue to
access pesticide tolerances throughout
year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Joseph Nevola,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8037
Email: nevola.joseph@epa.gov
Robert McNally, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epa.gov
RIN: 2070-AD24
3718. POLICY OR PROCEDURES FOR
NOTIFICATION TO THE AGENCY OF
STORED PESTICIDES WITH
CANCELLED OR SUSPENDED
REGISTRATION
Priority: Other Significant
Legal Authority: 7 USC 136 FIFRA sec
6
CFR Citation: 40 CFR 168
Legal Deadline: None
Abstract: This policy will clarify the
requirements of section 6(g) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The policy
will provide procedures for certain
persons who possess canceled or
suspended pesticides to notify the EPA
and State and local officials of (1) such
possessions; (2) the quantity possessed;
and (3) the place the pesticide is stored.
NPRM 03/28/91 56 FR 13042
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 2720
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
RIN: 2020-AA29
3719. PESTICIDE MANAGEMENT AND
DISPOSAL: STANDARDS FOR
PESTICIDE CONTAINERS AND
CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136(q) FIFRA
sec 19; 7 USC 136(a) FIFRA sec 3; 7
USC 136(w) FIFRA sec 25
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory,
December 24, 1991.
Abstract: FIFRA section 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
Action
Date FR Cite
NPRM (Container 02/11/94 59 FR 6712
Design & Residue
Removal & Bulk
Containment)
Supplemental NPRM 10/21/99 64 FR 56918
Supplemental NPRM 12/21/99 64 FR 71368
Extension of
Comment Period
Supplemental NPRM 02/24/00 65 FR 9234
Extension of
Comment Period
Final Action 10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659
Supplemental NPRM-
http://www.epa.gov/fedrgstr/ EPA-
PEST/1999/October/Day-21/
p27397.htm
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 11511 Support
Activities for Crop Production
Agency Contact: Nancy Fitz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-7385
Fax: 703 308-3259
Email: fitz.nancy@epa.gov
Jude Andreasen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506C, Washington, DC
20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epa.gov
RIN: 2070-AB95
3720. REGULATORY REVIEW OF
PESTICIDE EMERGENCY EXEMPTION
REGULATIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 7 USC 136(p)
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA will propose revisions
to its regulations on emergency
exemptions under section 18 of the
Federal Insecticide, Fungicide and
Rodenticide Act. Emergency
exemptions allow temporary use of a
pesticide not in accordance with
registration requirements when
emergency conditions exist. In the 1995
Presidential Reinvention Initiative, EPA
identified a number of issues and
options for change, which have been
refined through informal discussions
with States, user groups, and other
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74570 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
stakeholders. EPA is considering
revisions in four areas: (l) Options for
increased authority for States to
administer certain aspects of the
exemption process, or increased use by
EPA of multiyear exemptions, or some
combination of these; (2) the use of
emergency exemptions to address
pesticide resistance; (3) the possibility
of granting of exemptions based upon
reduced risk considerations; and (4)
definitions of emergency situation and
significant economic loss, which affect
whether an exemption may be granted.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4216
Sectors Affected: 9241 Administration
of Environmental Quality Programs
Agency Contact: Robert Forrest,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7505C, Washington,
DC 20460
Phone: 703 308-9376
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Prerule Stage
3721. CHEMICAL RIGHT-TO-KNOW
INITIATIVE - HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Regulatory Plan: This entry is Seq. No.
108 in Part II of this issue of the
Federal Register.
RIN: 2070-AD25
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3722. TEST RULE; ATSDR
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 15
USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA]
requiring manufacturers and processors
of certain chemicals to fulfill data
needs identified by the Agency for
Toxic Substances and Disease Registry
(ATSDR], the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA] section 104(i].
Under CERCLA, ATSDR is to establish
a list of priority hazardous substances
found at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program.
Data from this action would provide
specific information about the
substances for the public and scientific
community. The information would be
used in conducting comprehensive
public health assessments of
populations living near hazardous
waste sites. Scientific data improves the
quality of risk assessments used by
EPA, other Federal agencies, and State
and local governments. The risk
assessments affect standards,
guidelines, listing/delisting, and other
decisions affecting public health and
the environment.
Timetable:
Action
Date
FR Cite
NPRM
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2563
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Robert Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.rofaert@epa.gov
RIN: 2070-AB79
3723. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION TESTING
PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26
CFR Citation: 40 CFR 790 to 799
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Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74571
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Legal Deadline: None
Abstract: EPA has held public
meetings to involve stakeholders in the
design and development of a voluntary
program to evaluate commercial
chemicals to which children may have
a high likelihood of exposure. The
purpose of the voluntary testing
program is to obtain toxicity and
exposure data needed to assess the risk
of childhood exposure to commercial
chemicals. The information which is
developed in the course of the
stakeholder involvement process for the
a voluntary testing program may also
be considered in the development of
a test rule. If an adequate voluntary
children's chemical evaluation program
fails to emerge from the stakeholder
involvement process, EPA may proceed
with development of a test rule under
section 4 of the Toxic Substances
Control Act (TSCA). The purpose of
any future children's health initiatives
or test rules, is to improve our
understanding of the risks posed to
children's health by chemicals to which
they may be exposed in the home,
school, and the environment.
Timetable:
Action
Date FR Cite
Notice - Initiation of 08/26/99 64 FR 46673
Stakeholder
Process - Notice of
Public Meetings
Notice - Soliciation of 10/00/00
Participation for
Voluntary Testing
Program
NPRM 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2865
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8155
Fax: 202 401-3672
Email: roman.catherine@epa.gov
Ward Penberthy, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, 7405, Washington,
DC 20460
Phone: 202 260-3749
Fax: 202 401-3672
Email: penberthy.ward@epa.gov
RIN: 2070-AC27
3724. MULTI-CHEMICAL TEST RULE;
HIGH PRODUCTION VOLUME
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611-12; 15 USC 2625-26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: This action is related to a
challenge to industry on the eve of
Earth Day, April 21, 1998, to come
forward quickly with needed test data
on high production volume (HPV)
chemicals. This challenge encompasses
approximately 2,800 chemicals which
are manufactured (including imported)
in the aggregate at more than 1 million
pounds on an annual basis. The data
needed on these chemicals are: acute
toxicity, repeat dose toxicity,
developmental and reproductive
toxicity; mutagenicity; ecotoxicity and
environmental fate. This rule will
require testing and recordkeeping
requirements for certain chemicals for
which industry does not voluntarily
agree to provide testing in a timely
manner. The action is part of the
Chemical Right-to-Know Initiative,
which is described in the Regulatory
Plan. Industry has volunteered to
conduct needed testing on over 2000
of these HPV chemicals. The first rule
will propose testing for unsponsored
HPV chemicals with substantial worker
exposure. Future rules will encompass
the remaining chemicals.
Timetable:
Action
Date FR Cite
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Keith Cronin, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
RIN: 2070-AD16
3725. TSCA SECTION 4
ENFORCEABLE CONSENT
AGREEMENT FOR CERTAIN
OXYGENATED FUEL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611; 15 USC 2625
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA's Office of Air and
Radiation (OAR/EPA) in the
administration of section 211 of the
Clean Air Act (CAA), has requested that
OPPT use its TSCA section 4 testing
authority to obtain health effects data
on a number of Oxygenated Fuel
Additives (OFAs). These data are
needed by EPA and others to increase
understanding of the toxicity of these
substances individually and in
comparison to each other as well as to
other OFAs such as methy t-butyl ether
(MTBE).
Timetable:
Action
NPRM 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3990
See also the Regulatory Plan entry
entitled Chemical Right-to-Know
Initiative (RIN 2070-AD25; SAN 4176).
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Date FR Cite
Notice - Solicit 01/00/01
Interested Parties
Notice-EGA 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4174
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: George Semeniuk,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-2134
Fax: 202 401-3672
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74572 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Email: semeniuk.george@epa.gov
Charles M. Auer, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
RIN: 2070-AD28
3726. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2607 TSCA 8
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: EPA has established a
program to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support planned or ongoing risk
assessments on such chemicals. As
these chemicals are identified, EPA will
initiate rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 8 to require reporting of
appropriate needed information by the
manufacturers, importers and/or
processors of these chemicals.
Individual proposed or final rules will
be published on at least the chemicals
listed below.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM 2,4-
Pentanedione
SNUR
NPRM Chloranil
NPRM Benzidine-
based Chemical
Substances
Final Action
Benzidine-based
Chemical
Substances
NPRM Flame
Retardant
Chemicals
NPRM Amendment to
Benzidine-based
Chemical
Substances SNUR
Final Action
Amendment to
Benzidine-based
Chemical
Substances SNUR
09/27/89 54 FR 39548
05/12/93 58 FR 27980
08/30/95 60 FR 45119
10/07/96 61 FR 52287
12/00/00
12/00/00
06/00/01
NPRM 2,4- 12/00/00
Pentanedione
SNUR (Reproposal)
Final Action Final 06/00/01
Chloranil SNUR
NPRM Certain 10/00/01
Chemical
Substances No
Longer in
Production SNUR
N PRM Heavy Metal- 12/00/00
Based Pigments in
Aerosol Spray
Paints SNUR
NPRM o-Tolidine & o- 12/00/00
Dianisidine-based
Dyes (Benzidine
Congener Dyes)
NPRM 05/00/01
M ethy Icyclopentane
SNUR
NPRM p-Aminophenol 05/00/01
& Bromochloro-
methane 8(a)
Chemical Specific
Rule
NPRM 2- 05/00/01
Ethoxyethanol & 2-
Methoxyethanol &
2-Methoxyethanol
Acetate
NPRM Certain 10/00/00
Perfluoroalkyl
Sulfonyl -
Containing
Chemical
Substances
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: Mary Dominiak,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
Barbara Leczynski, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3945
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
RIN: 2070-AA58
3727. • CERTAIN PERFLUOROALKYL
SULFONYL (PFOS) CONTAINING
CHEMICAL SUBSTANCES;
SIGNIFICANT NEW USE RULE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act (TSCA) covering certain
perfluoroalkyl sulfonyl-containing
chemical substances. This SNUR would
require companies who wanted to
manfacture or import these chemicals
for the significant new uses described
in the proposed rule to submit a
Significant New Use Notice (SNUN) to
the Agency at least 90 days prior to
beginning those activities.
Timetable:
Action
Date
FR Cite
NPRM PFOS SNUR 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4475
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Karen Lannon,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone:202260-2797
Fax: 202 260-1096
Email: lannon.karen@epa.gov
Mary Dominiak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 2070-AD43
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Federal Register/Vol. 65, No. 231 /Thursday, November 30, 2000/Unified Agenda 74573
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3728. LEAD-BASED PAINT
ACTIVITIES; TRAINING AND
CERTIFICATION FOR RENOVATION
AND REMODELING SECTION 402(C)(3)
Regulatory Plan: This entry is Seq. No.
120 in Part II of this issue of the
Federal Register.
RIN: 2070-AC83
3729. LEAD; NOTIFICATION
REQUIREMENTS FOR LEAD-BASED
PAINT ABATEMENT ACTIVITIES AND
TRAINING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2682 TSCA
402; 15 USC 2687 TSCA 407; PL 102-
550
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: EPA is issuing this rule
under the authority of Section 407 of
the Toxic Substances Control Act
(TSCA) to establish notification
procedures for lead abatement
professionals (certified under 40 CFR
745.226) conducting lead-based paint
activities, and training programs
(accredited under 40 CFR 225)
providing lead-based paint activities
courses. Specifically, this rule seeks to
establish procedures to notify the
Agency prior to commencement of
lead-based paint abatement activities as
required by 40 CFR 745.227(e)(4). In
addition, this rule seeks to establish
provisions which would require
training programs accredited under 40
CFR 745.225 to notify the Agency
under the following conditions: (l)
prior to providing lead-based paint
activities, training , and (2) following
completion of lead-based paint
activities courses. These notification
requirements are necessary to provide
EPA compliance monitoring and
enforcement personnel with
information necessary to track
compliance activity and to prioritize
inspections. This rule supports 40 CFR
part 745, subpart L to ensure that lead
abatement professionals who inspect,
assess and remove lead-based paint,
dust or soil are well qualified, trained,
and certified to conduct these activities.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/00
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4172
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Mike Wilson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
Lin Moos, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
RIN: 2070-AD31
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3730. TSCA INVENTORY UPDATE
RULE AMENDMENTS
Regulatory Plan: This entry is Seq. No.
139 in Part II of this issue of the
Federal Register.
RIN: 2070-AC61
3731. LEAD; IDENTIFICATION OF
DANGEROUS LEVELS OF LEAD
PURSUANT TO TSCA SECTION 403
Regulatory Plan: This entry is Seq. No.
140 in Part II of this issue of the
Federal Register.
RIN: 2070-AC63
3732. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS SECTION 402(A)
Priority: Other Significant
Legal Authority: 15 USC 2601 to 2671;
42 USC 6901 to 6992
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements is
managed under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Other
Federal agencies (Department of
Housing and Urban Development,
Department of Health and Human
Services) and several States and
advocacy groups have expressed
concern that the costs associated with
the disposal of large volume
architectural components (e.g., doors
and windows) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances and the Office of Solid
Waste have initiated a joint rulemaking
to address the disposal of these
architectural components. This
rulemaking would develop disposal
standards for these components under
the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1)(B), includes disposal). The
TSCA regulations would establish
appropriate disposal standards for LBP
architectural components and identify
recycling and incineration activities
that would be controlled or prohibited.
To minimize duplication of waste
management requirements, EPA is
developing a companion RCRA rule to
suspend temporarily hazardous waste
management regulations applicable to
lead-based paint debris which will be
subject to the new TSCA standards.
Timetable:
Action
Date FR Cite
NPRM TSCA Proposal 12/18/98 63 FR 70189
Extension of Comment 02/12/99 64FR7158
Period
Extension of Comment 02/12/99 64 FR 7159
Period
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
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74574 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Additional Information: SAN No. 3508
This SAN and RIN includes RCRA
companion rule: Temporary Suspension
of Toxicity Characteristic Rule for
Specified Lead-Based Paint Debris.,
NPRM-http://www.epa.gov/fedrgstr/
EPA-TRI/1998/December/Day-18/
tri33326.htm
Sectors Affected: 233 Building,
Developing and General Contracting;
23321 Single Family Housing
Construction; 23332 Commercial and
Institutional Building Construction;
23521 Painting and Wall Covering
Contractors; 23542 Drywall, Plastering,
Acoustical and Insulation Contractors;
23511 Plumbing, Heating and Air-
Conditioning Contractors; 23594
Wrecking and Demolition Contractors;
23592 Glass and Glazing Contractors;
54138 Testing Laboratories; 562111
Solid Waste Collection
Agency Contact: Dave Topping,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-7737
Fax: 202 260-0770
Email: topping.dave@epa.gov
Lin Moos, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
RIN: 2070-AC72
3733. TEST RULES; GENERIC ENTRY
FOR FINAL DECISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is requiring testing via
rules, or will obtain testing through
enforceable consent agreements (EGAs)
or publish a notice which provides the
reasons for not doing so for chemicals
listed herein. These chemicals have
been designated for priority testing
consideration by the ITC or
recommended for testing consideration
(for which the 12-month statutory
requirement does not apply). The list
also includes chemicals or categories of
chemicals which have been identified
for testing consideration by other
Federal or other EPA offices through
EPA review processes.
Timetable:
Action
Date FR Cite
12/29/83 48 FR 57452
01/17/92 57 FR 2138
06/25/91 56 FR 29140
08/05/99 64 FR 42692
06/15/00 65 FR 37550
12/00/00
ANPRM Aryl
Phosphates (ITC
List 2)
NPRMAryl
Phosphates (ITC
List 2)
NPRM Brominated
Flame Retardants
Final Action-EGA
DiBasic Esters
(CPSC)
Final Action-ECA
1,1,2-
Trichloroethane
(TCE)
Final Action ITC
Chemicals (ITC List
28)
Final Action-ECA Aryl 06/00/01
Phosphates (ITC
List 2)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: David R. Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AB94
3734. TEST RULE; HAZARDOUS AIR
POLLUTANTS(HAPS)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 7412 CAA 112; 42 USC 7403
CAA 103; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing health
effects testing under TSCA section 4 in
support of programs and activities
required under section 112 of the Clean
Air Act (CAA), governing Hazardous
Air Pollutants (HAPs). Section 112 of
the CAA directs EPA to determine the
risk to health and the environment
remaining after application of
technology-based emissions standards
to major and area sources. Section 112
also sets forth a mechanism for revising
and modifying the statutory list of 189
HAPs under section 112(b), and
requirements for an accidental release
control program. These data will also
be important for the right-to-know
program given the large release of these
chemicals to the atmosphere. In order
to implement these and other programs
and requirements under section 112,
EPA must identify the health and
environment effects of potential
concern from exposure to HAPs,
ascertain the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs. In addition,
under section 103(d), EPA is required
to conduct a research program on the
short- and long-term effects of air
pollutants on human health, ascertain
the minimum data needed to
adequately characterize those health
and environmental effects, and assess
the risks posed by HAPs.
Timetable:
Action
Date FR Cite
NPRM 06/26/96 61 FR 33178
Supplemental NPRM 12/24/97 62 FR 67466
Supplemental NPRM 04/21/98 63 FR 19694
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3487
Supplemental NPRM-
http://www.epa.gov/fedrgstr/EPA-
TOX/1997/December/Day-24/
t33451.htm
Supplemental NPRM-
http ://www. epa.gov/fedrgstr/EPA-
AIR/1998/April/Day-21/al0494.htm
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: David R. Williams,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74575
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Richard Leukroth, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-0321
Fax: 202 401-3672
Email: leukroth.rich@epa.gov
RIN: 2070-AC76
3735. TEST RULE; OSHA CHEMICALS
DERMAL TESTING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
Abstract: EPA is proposing to require
manufacturers (which is defined by
statute to include importers) and
processors of 47 chemical substances of
interest to the Occupational Safety and
Health Administration (OSHA) to
conduct testing for in vitro dermal
absorption rate testing. These
chemicals, and others, were designated
for in vitro dermal absorption rate
testing in the 31st, 32nd, and 35th
Reports of the TSCA section 4(e)
Interagency Testing Committee (ITC) to
the EPA. Each of the chemical
substances included in this proposed
rule is produced in an amount equal
to or greater than one million pounds
per year. In addition, each of the
chemicals in this proposed rule was
identified in the National Occupational
Exposure Survey (NOES) has having a
total potential worker exposure of
greater than 1,000 workers. OSHA has
indicated that it needs quantitative
measures of dermal absorption rate in
order to evaluate the potential hazard
of these chemicals to workers.
Timetable:
Government Levels Affected: Federal Timetable:
Action
Date FR Cite
NPRM-OSHA 06/09/99 64 FR 31074
Chemicals Dermal
Testing (ITC List 31,
32 & 35)
Final Action - OSHA 04/00/01
Chemical Dermal
Testing
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Additional Information: SAN No. 4425 Action
Please note that this entry was
previously identified under RIN 2070-
AB07. TSCA requires EPA to publich
the NPRM within one year of ITC
designation.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Keith Cronin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
Date FR Cite
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AD42
3736. FOLLOW-UP RULES ON NON-
5(E) NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12,1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
NPRMAIkyl&Sulfonic 06/11/86 51 FR21199
Acid & Ammonium
Salt (84-1056)
NPRM 1-Decanimine- 12/08/87 52 FR 46496
N-Decyl-N-Methyl-
N-Oxide (86-566)
NPRM Aluminum 06/11/93 58 FR 32628
Cross-linked
Sodium
Carboxymethyl-
cellulose
Final Action Alkyl & 12/00/00
Sulfonic Acid &
Ammonium Salt (84-
1056)
Final Action 1- 12/00/00
Decanimine-N-
Decyl-N-Methyl-N-
Oxide (86-566)
Final Action Aluminum 12/00/00
Cross-linked
Sodium
Carboxymethyl-
cellulose
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
Flora Chow, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
RIN: 2070-AA59
3737. CHEMICAL-SPECIFIC
SIGNIFICANT NEW USE RULES
(SNURS) TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 721
Legal Deadline: None
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74576 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Abstract: When the Agency determines
that uncontrolled manufacture, import,
processing, distribution, use or disposal
of a premanufacture notification (PMN)
substance may present an unreasonable
risk, it may issue a section 5(e) consent
order to limit these activities. However,
such orders apply only to the PMN
submitter. Once the new substance is
entered on the Toxic Substances
Control Act (TSCA) chemical inventory,
others can manufacture, import or
process the substance without controls.
Therefore, EPA extends the controls to
apply to others by designating
manufacture, import or processing of
the substances for uses without the
specified controls as significant new
uses. Under the Expedited Follow-Up
Rule, which became effective on
October 10, 1989 (54 FR 31314), EPA
routinely publishes batch SNURs
containing routine section 5(e) and
non-5(e) SNURs. However, certain
activities, such as modifications,
withdrawals, revocations, and SNURs
upon which comments are received in
the direct final publication process, are
subject to notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
Action
Date FR Cite
NPRM Batch SNUR:
84-660/-704 & 84-
105/-106/-107&85-
433
Final Action Batch
SNUR: 84-660/-704
&84-105/-106/-107
& 85-433
NPRM Aromatic
Amino Ether (P90-
1840)
Final Action Aromatic
Amino Ether (P90-
1840)
NPRM Alkenyl Ether
of Alkanetriol
Polymer (93-458)
Final Action Alkenyl
Ether of Alkanetriol
Polymer (93-458)
NPRM Certain
Chemical
Substances (91 -
1299/95-166791-
129891-1297
Final Action Certain
Chemical
Substances (91 -
1299/95-166791-
129891-1297
NPRM Certain
Chemical
Substances
05/27/93 58 FR 30744
11/00/00
06/06/94 59 FR 29255
12/00/00
12/19/94 59 FR 65289
12/00/00
06/26/97 62 FR 34421
12/00/00
09/09/98 63 FR 48157
Final Action Certain 12/00/00
Chemical
Substances
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3495
Sectors Affected: 324 Petroleum and
Coal Products Manufacturing; 325
Chemical Manufacturing
Agency Contact: James Alwood,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
Flora Chow, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
RIN: 2070-AB27
3738. ACRYLAMIDE; PROHIBITION ON
MANUFACTURE, IMPORTATION,
DISTRIBUTION AND USE OF
ACRYLAMIDE FOR GROUTING
Priority: Other Significant
Legal Authority: 15 USC 2605 TSCA
sec 6; 15 USC 2607 TSCA sec 8
CFR Citation: 40 CFR 764
Legal Deadline: None
Abstract: On October 2, 1991, EPA
proposed a regulation of acrylamide
and NMA grouts based on the
unreasonable risk associated with their
usage. EPA's rule would prohibit the
manufacture, distribution in commerce,
and use of acrylamide grout. In
February 1996, EPA reopened the
record for 30 days to take additional
comments, specifically to seek data on
the relative durability of acrylamide
and NMA grouts. The Agency has
reviewed the comments and expects to
promulgate the final rule in the fall of
2001.
Timetable:
Action
Date
FR Cite
NPRM
10/02/91 56 FR 49863
Notice Reopening 02/28/96 61 FR 7454
Record for
Comments on
Durability of NMA
Final Action 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Tribal,
Local, Federal, State
Additional Information: SAN No. 2779
Sectors Affected: 23491 Water, Sewer,
and Pipeline Construction; 23491
Water, Sewer, and Pipeline
Construction; 32519 Other Basic
Organic Chemical Manufacturing;
32519 Other Basic Organic Chemical
Manufacturing; 42269 Other Chemical
and Allied Products Wholesalers; 22132
Sewage Treatment Facilities
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1771
Fax: 202 260-1096
Email: bowser.john@epa.gov
Charles Auer, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
RIN: 2070-AC17
3739. RECLASSIFICATION OF PCB
AND PCB CONTAMINATED
ELECTRICAL EQUIPMENT FINAL
RULE
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: This rule would relax the
regulatory requirements for
reclassifying PCB transformers and
other electrical equipment to a lower
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74577
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
regulatory status by modifying the
current reclassification requirements of
50 degree centigrade temperature and
90-day testing. Results of a preliminary
analysis indicate that many
transformers never reach the required
temperature during operation, but
retrofitting still successfully reduces
PCB concentration. Safety risks to
employees and to the general public
occur in mandating the continued
adherence to the current regulations.
EPA may also address the
reclassification of voltage regulators.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/18/93 58 FR 60970
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3021
Sectors Affected: 211 Oil and Gas
Extraction; 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications; 6113 Colleges,
Universities and Professional Schools;
622 Hospitals; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-7873
Fax: 202 260-1724
Email: simpson.julie@epa.gov
RIN: 2070-AC39
3740. ASBESTOS WORKER
PROTECTION RULE AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605 TSCA
sec 6; 15 USC 2607 TSCA sec 15; 15
USC 2614 TSCA sec 15; 15 USC 2615
TSCA sec 16
CFR Citation: 40 CFR 763
Legal Deadline: None
Abstract: EPA is proposing to amend
the Asbestos Abatement Projects,
Worker Protection Rule (WPR), by
incorporating certain revisions that
were made to the Occupational Safety
and Health Administration (OSHA)
asbestos workplace standards issued
since EPA's WPR was promulgated in
1987 to the extent that the OSHA
revisions are consistent with applicable
EPA statutes. The proposal would
generally extend the coverage provided
under the OSHA Asbestos Standard for
Construction to State and local
government employees who are not
covered by OSHA or EPA approved
State plans. In addition, EPA is
proposing to amend the Asbestos-
Containing Materials in Schools Rule
by relocating certain worker protection
provisions relating to schools, which
are currently contained in that rule, to
the WPR.
Timetable:
Action
Date FR Cite
NPRM(1) 11/01/94 59 FR 54746
NPRM (2) Reproposal 04/27/00 65 FR 24806
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 2249
Also please see entry for 2070-AC62
Sectors Affected: 92111 Executive
Offices; 92311 Administration of
Education Programs; 92312
Administration of Public Health
Programs; 92411 Air and Water
Resource and Solid Waste Management
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Cindy Fraleigh, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC66
3741. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
sec 8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8 (a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions.
Timetable:
Action
Final Action 37th ITC
List
Final Action 38th ITC
List
Final Action 38th ITC
List - Stay
Final Action 38th ITC
List - Stay/Technical
Amendments
Final Action 38th ITC
List - Revocation
Final Action 39th !TC
List
Final Action 41st ITC
List
Final Action 42nd ITC
List
Final Action 47th ITC
List
Date FR Cite
02/28/96 61 FR 7421
10/29/96 61 FR 55871
12/11/96 61 FR 65186
01/07/98 63FR684
01/11/00 65 FR 1548
01/11/00 65 FR 1548
07/05/00 65 FR 41 371
07/24/00 65 FR 45535
01/00/01
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74578 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 2178
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
John R. Harris, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
RIN: 2070-AB08
3742. TSCA SECTION 8(D) HEALTH
AND SAFETY DATA REPORTING
RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(d) TSCA
sec 8(d)
CFR Citation: 40 CFR 716
Legal Deadline: None
Abstract: These rules require
manufacturers, importers and
processors to submit unpublished
health and safety data on chemicals
added to the requirements of the Toxic
Substances Control Act section 8(d)
Health and Safety Data Reporting Rule
(40 CFR part 716). These chemicals
have been identified by the Office of
Pollution Prevention and Toxics, other
EPA offices, and other Federal agencies,
as well as recommended for testing
consideration by the Interagency
Testing Committee.
Timetable:
Action
Date
FR Cite
Final 38th ITC List
Final 38th ITC List -
Stay
Final 38th ITC List -
Stay/Technical
Amendment
Final Action 38th ITC
List - Revocation
Final Action 47th ITC
List
10/29/96 61 FR 55871
12/11/96 61 FR65186
01/07/98 63FR684
01/11/00 65 FR 1548
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 1139
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Paul Campanella,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3948
Fax: 202 401-3672
Email: campanella.paul@epa.gov
John Harris, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8154
Fax: 202 401-3672
Email: harris.john@epa.gov
RIN: 2070-AB11
3743. NOTICE OF TSCA SECTION 4
REIMBURSEMENT PERIOD AND TSCA
SECTION 12(B) EXPORT
NOTIFICATION PERIOD SUNSET
DATES FOR TSCA SECTION 4
SUBSTANCES
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 707; 40 CFR 790;
40 CFR 791; 40 CFR 799
Legal Deadline: None
Abstract: EPA is developing a list of
substances that are or have been subject
to TSCA section 4 testing actions which
required testing under rules or
Enforceable Consent Orders. EPA will
identify sunset, or termination dates
that will identify: (1) the end of section
4 reporting requirements (40 CFR 790);
(2) the end of the reimbursement period
under which persons subject to test
rules are subject to an obligation to
reimburse test sponsors (40 CFR 791);
and (3) the end of the period during
which export notification requirements
under TSCA section 12(b) are triggered.
Timetable:
Action
Date
FR Cite
Final Action
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 3559
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email; williams.daver@epa.gov
RIN: 2070-AC84
3744. TSCA SECTION 8(E) POLICY;
NOTICE OF CLARIFICATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(e) TSCA
sec 8(e)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The TSCA section 8(e) Notice
of Clarification and Solicitation of
Public Comment would amend certain
aspects of the 1978 TSCA section 8(e)
Statement of Interpretation and
Enforcement Policy (1978 Policy
Statement). The 1978 Policy Statement
describes the types of information that
EPA considers reportable under section
8(e), the substantial risk reporting
provision of TSCA, and describes the
procedures for reporting such
information to EPA. This clarification
effort derives from a review of the
existing section 8(e) guidance done in
the context of questions raised by
companies considering participating in
the section 8(e) Compliance Audit
Program (CAP). As a result of this
review, EPA determined that parts of
the 1978 Policy Statement concerning
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74579
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
the reportability of information on
widespread and previously
unsuspected distribution in
environmental media and emergency
incidents of environmental
contamination needed some refinement.
The subject Federal Register action
solicited comment on refined reporting
guidance concerning widespread and
previously unsuspected distribution in
environmental media and provides
additional circumstances where
information is not reportable because it
is considered known to the
Administrator. Finally, the notice
solicited comments on changes to the
section 8(e) reporting deadline and
reaffirmed the standards for claims of
confidentiality for information
contained in a notice of substantial risk
under section 8(e).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/13/93 58 FR 37735
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3118
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Richard Hefter,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7403, Washington,
DC 20460
Phone: 202 260-3470
Fax: 202 260-1216
Email: hefter.richard@epa.gov
Terry O'Bryan, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7403, Washington, DC
20460
Phone: 202 260-3483
Fax: 202 260-1216
Email: obryan.terry@epa.gov
RIN: 2070-AC80
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3745. LEAD-BASED PAINT ACTIVITIES
RULES; TRAINING, ACCREDITATION,
AND CERTIFICATION RULE AND
MODEL STATE PLAN RULE-
BUILDING AND STRUCTURES
SECTION 402(A)
Priority: Other Significant
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 15 USC 2603 TSCA
Title IV; PL 102-550 sec 402; PL 102-
550 sec 404
CFR Citation: 40 CFR 745
Legal Deadline: Final, Statutory, April
28, 1994.
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
mandates EPA promulgate regulations
governing lead-based paint (LBP)
activities to ensure that individuals
engaged in such activities are properly
trained, that LBP training programs are
accredited, and that contractors
engaged in such activities are certified.
In addition, EPA must promulgate a
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 (Buildings & 02/28/02
Structures)
Final Action (Buildings 02/00/03
& Structures)
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4376
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1777
Fax: 202 260-0770
Email: cantor.doreen@epa.gov
Lin Moos, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
RIN: 2070-AC64
3746. TEST RULE FOR CERTAIN
METALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26; 42 USC 9604(i) CERCLA
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA)
requiring manufacturers and processors
of certain metals to fill data needs
identified by the Agency for Toxic
Substances and Disease Registry
(ATSDR), the National Toxicology
Program (NTP), and EPA pursuant to
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) section 104(1). Under
CERCLA, ATSDR is to establish a list
of priority hazardous substances found
at superfund sites, develop
toxicological profiles for the hazardous
substances, identify priority data needs,
and establish a research program
obtaining the necessary data. This
action is a component of ATSDR's
research program. Data from this action
would provide specific information
about the substances for the public and
scientific community. The information
would be used in conducting
comprehensive public health
assessments of populations living near
hazardous waste sites. Scientific data
improves the quality of risk
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74580 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
iisting/delisting, and other decisions
affecting public health and the
environment. The metals are also
hazardous air pollutants (HAPs) under
the Clean Air Act (CAA) section 112.
Data from this action would also be
used to implement several provisions
of section 112 of the CAA, including
determining risks remaining after the
application of technology based on
standards under section 112(d) of the
CAA, estimating the risks associated
with accidental releases, and
determining whether or not substances
should be removed from the CAA
section (b)(l) list of HAPs (delisting).
Timetable:
Action
Date FR Cite
NPRM 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3882
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
Robert Jones, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8150
Fax: 202 401-3672
Email: jones.robert@epa.gov
RIN: 2070-AD10
3747. PCBS; POLYCHLORINATED
BIPHENYLS; EXEMPTIONS FROM THE
PROHIBITIONS AGAINST
MANUFACTURING, PROCESSING,
AND DISTRIBUTION IN COMMERCE
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 TSCA
sec 6(e)(3)(B)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: Section 6(e)(3)(B) of the
Toxic Substances Control Act (TSCA)
provides that the Administrator may
grant, by rule, exemptions from the
prohibitions against manufacturing,
processing and distribution in
commerce of PCBs upon finding that
(I) no unreasonable risk to health or
the environment will occur, and (2)
good faith efforts have been made by
the petitioner to develop a substitute
for PCB which does not pose an
unreasonable risk of injury to health or
the environment. In addition, the
Interim Procedural Rules were
amended to require certain petitioners
to reapply for EPA approval to continue
PCB activities previously approved by
EPA.
Timetable:
Action
Date
FR Cite
NPRM (1) Group I 12/06/94 59 FR 62875
Final Action Group I 02/00/02
NPRM (2) Group II 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Businesses
3748. LEAD; REGULATORY
INVESTIGATION UNDER THE TOXIC
SUBSTANCES CONTROL ACT (TSCA)
TO REDUCE LEAD (PB)
CONSUMPTION AND USE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 2605 TSCA
6
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: This action initiates a
regulatory investigation under the
Toxic Substances Control Act (TSCA)
section 6 to determine if uses of lead
(Pb) present an unreasonable risk to
human health and the environment.
The investigation will involve
examination of the potential sources of
human or other exposure to lead
throughout the life cycle. Based on
information gathered EPA may propose
TSCA section 6(a) rules to control
existing or new uses of Pb which pose
an unreasonable risk to human health
or the environment, and to explore the
desirability and feasibility of
discouraging overall consumption of Pb
in general.
Government Levels Affected: Federal Timetable:
Additional Information: SAN No. 2150 Action
Date FR Cite
Sectors Affected: 211 Oil and Gas
Extraction; 2211 Electric Power
Generation, Transmission and
Distribution; 31-33 Manufacturing; 5133
Telecommunications; 6113 Colleges,
Universities and Professional Schools;
622 Hospitals; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
RIN: 2070-AB20
ANPRM 05/13/91 56 FR 22096
NPRM - Proposed Ban 03/09/94 59 FR 11122
of Fishing Sinkers
Final Action - Fishing 12/00/01
Sinkers
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3252
Agency Contact: Doreen Cantor,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1777
Fax: 202 260-0770
Email: cantor.doreen@epa.gov
Lin Moos, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
RIN: 2070-AC21
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74581
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
3749. REFRACTORY CERAMIC
FIBERS; SIGNIFICANT NEW USE
RULES ON NATIONAL PROGRAM
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals. Proposed
rules may be published on at least the
chemicals listed on the timetable
below.
Timetable:
Action
Date
FR Cite
NPRM - Refractory
Ceramic Fiber
Final Action -
Refractory Ceramic
Fiber
03/21/94 59 FR 13294
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Peter Gimlin,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3972
Fax: 202 260-1724
Email: gimlin.peter@epa.gov
Cindy Fraleigh, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC37
3750. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2646 TSCA
sec 206
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASHARA) amended TSCA to require
that EPA revise its asbestos model
accreditation plan (MAP) to extend
training and accreditation requirements
to include persons performing certain
asbestos-related work in public or
commercial buildings, to increase the
minimum number of training hours
required for accreditation purposes and
to effect other changes necessary to
implement the amendments. The
upcoming notice of proposed
rulemaking (NPRM) will improve
harmony of the existing interim final
MAP with the Occupational Safety and
Health Administration's regulations to
the extent consistent with applicable
EPA statutes, and provide clarifications.
Timetable:
Action
Date FR Cite
Model Plan
Interim Final
Final Action
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/02
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
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Cindy Fraleigh, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
RIN: 2070-AC51
3751. PCBS; POLYCHLORINATED
BIPHENYL; USE AUTHORIZATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 15 USC 2605(e) TSCA
sec 6(e)
CFR Citation: 40 CFR 761
Legal Deadline: None
Abstract: The notice of proposed
rulemaking that was published on
December 6, 1994, covered the
manufacture (including import),
processing, distribution in commerce,
export use, disposal, and marking of
PCBs. On June 29,1998, EPA issued
a final rule involving the disposal
related provisions. Other provisions,
e.g., certain use authorizations and
import provisions, were to be addressed
in separate actions. This rulemaking
addresses a use authorization for
certain non-liquid PCB applications,
which although currently in use have
never been authorized under the PCB
regulations at 40 CFR part 761.
Timetable:
Action
Date FR Cite
ANPRM 06/10/91 56 FR 26738
NPRM 12/06/94 59 FR 62788
Final Action -1 PCB 06/29/98 63 FR 35384
Disposal Provisions
NPRM - Notice of Data
Availability,
Reopening of
Comment Period
NPRM - Extension of
Comment Period
Final Action - 2 Use
Authorizations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
12/10/99 64 FR 69358
04/06/00 65 FR 18018
01/00/02
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74582 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4179
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 6113 Colleges,
Universities and Professional Schools;
921 Executive, Legislative, Public
Finance and General Government; 622
Hospitals
Agency Contact: Tony Baney,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
Peggy Reynolds, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404, Washington, DC
20460
Phone: 202 260-3965
Fax: 202 260-1724
Email: reynolds.peggy@epa.gov
RIN: 2070-AD27
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3752. TEST RULES; GENERIC ENTRY
FOR PROPOSED DECISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 700 to 799
Completed:
Reason
Date
FR Cite
Withdrawn - No
Further Action
Currently Planned
08/30/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Agency Contact: Keith Cronin
Phone: 202 260-8157
Fax: 202 401-3672
Email: cronin.keith@epa.gov
Frank Kover
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AB07
3753. TEST RULES; NEGOTIATED
CONSENT ORDER AND TEST RULE
PROCEDURES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 790; 40 CFR 791;
40 CFR 799
Completed:
Reason
Date FR Cite
Withdrawn - No 08/30/00
Further Action
Currently Planned
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: David R. Williams
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
Frank Kover
Phone: 202 260-8130
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AB30
3754. TSCA BIOTECHNOLOGY
FOLLOW-UP RULES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 720; 40 CFR 725
(Revision)
Completed:
Reason
Date
FR Cite
Withdrawn - No 08/30/00
Further Action
Currently Planned
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Flora Chow
Phone: 202 260-3725
Fax: 202 260-0118
Email: chow.flora@epa.gov
Jim Alwood
Phone: 202 260-1857
Fax: 202 260-0118
Email: alwood.jim@epa.gov
RIN: 2070-AD13
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
3755. • TRI; REVISIONS TO THE
OTHERWISE USE ACTIVITY
EXEMPTIONS AND THE COAL
EXTRACTION ACTIVITIES EXEMPTION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) requires reporting from facilities
which manufacture or process at least
25,000 pounds of a listed chemical, or
otherwise use 10,000 pounds of a listed
chemical. In determining amounts of
listed chemicals that are manufactured,
processed or otherwise used, facilities
may be entitled to consider specific
exemptions from reporting. EPA is
presently reviewing a group of these
exemptions. The categories of
exemptions presently being
reconsidered by EPA are the structural
component exemption, the routine
janitorial and facility grounds
maintenance exemption, the personal
use exemption, the motor vehicle
maintenance exemption, and the intake
water/air exemption. Also known as the
otherwise use exemptions because they
are limited to otherwise use activities,
these exemptions are expressly
provided for at 40 CFR 372.38(c). EPA
is also considering changes to the coal
mining extraction activities exemption
provided for at 40 CFR 372.38(g).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
03/00/02
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74583
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4265
Fomerly listed as RIN 2070-AD39.
By Statute and Regulation, this rule
will affect SIC codes 20-39,10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Lawrence A. Reisman, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-2301
Fax: 202 401-8142
Email: reisman.larry@epa.gov
RIN: 2025-AA06
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
3756. • TRI; RESPONSES TO
PETITIONS RECEIVED TO ADD OR
DELETE OR MODIFY CHEMICAL
LISTINGS ON THE TOXIC RELEASE
INVENTORY
Priority: Routine and Frequent. Major
status under 5 USC 801 is
undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11013 EPCRA
313
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: These actions grant or deny
petitions received to add or delete or
modify chemicals on the list of toxic
chemicals under section 313 of the
Emergency Planning and Community
Right-to-Know Act (EPCRA) that are
subject to reporting under the Toxic
Chemical Release Reporting Rule. The
actions cover individual chemicals or
groups of chemicals for which petitions
have been received.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
Notice - DBNPA
(Request to Delete)
Notice of Denial
Phosphoric Acid
(Request to Delete)
NPRM Chromite Ore
from Transvaal Reg.
of S.A.
NPRM Phosphoric
Acid (Delete)
Final Rule Phosphoric
Acid (Delete)
Response Diisononyl
phthalate (DINP)
(Request to Add)
10/27/95 60 FR 54949
01/23/98 63 FR 3566
02/23/99 64 FR 8775
12/07/99 64 FR 68311
06/27/00 65 FR 39552
10/00/00
Final Action - Chromite 10/00/00
Ore From Transvaal
Final Response 11/00/00
DBNPA (Request to
Delete)
Response Alloys - 12/00/00
Chrominum & Nickel
& Copper Alloys
(Req. to Modify)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2425
Fomerly 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).
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Daniel R. Bushman, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
RIN: 2025-AAOO
3757. • TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Regulatory Plan: This entry is Seq. No.
146 in Part II of this issue of the
Federal Register.
RIN: 2025-AA05
3758. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. (Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11,1999.) This rule will
include: reporting thresholds for rock
salt, sand, gravel and other chemicals
that pose minimal risk; plain language
rewrite; and may consider reporting
thresholds for facilities with some
similarities to gas stations (motor pools,
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74584 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
marinas, etc.) and guidance on
approaches to State flexibility.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/08/98 63 FR 31268
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3215
Agency Contact: John Ferris,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
RIN: 2050-AE17
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3759. • TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 11048; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: On November 30, 1994, EPA
added 286 chemicals and chemical
categories to the EPCRA section 313
list, including 39 chemicals as part of
two delineated categories. Each
chemical and chemical category was
found to meet the statutory criteria
described in EPCRA section
313(d)(2)(A)-(C). At this time, EPA
deferred final action on 40 chemicals
and one chemical category until a later
date. These were deferred because the
comments received on them raised
difficult technical or policy issues
which required additional time to
address. EPA chose not to delay final
action on the 286 chemicals and
chemical categories because of the
additional time needed to address the
issues surrounding the smaller group of
40 chemicals and one chemical
category; rather, EPA believed it to be
in the spirit of community right-to-
know to proceed with the final
rulemaking of the additional chemicals
and chemical categories.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM 01/12/94 59 FR 1788
Final Finalizes Listing 11/30/94 59 FR 61432
of 286 Chemicals
and Chemical
Categories
Supplemental NPRM - 12/00/01
Deferred Chemicals
Final Action - Deferred 12/00/02
Chemicals
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3007
Fomerly listed as RIN 2070-AC47.
Includes SIC codes: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Sectors Affected: 42269 Other
Chemical and Allied Products
Wholesalers
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Daniel R. Bushman, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
RIN: 2025-AA01
3760. • TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 1101 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: When TRI was established by
Congress in 1986, the statutory
language placed 309 chemicals and 20
categories of chemicals on the TRI list;
that is referred to as the original TRI
list. The chemicals on the original list
were taken from two existing lists of
toxic substances: the Maryland
Chemical Inventory Report List of
Toxic or Hazardous Substances, and the
New Jersey Environmental Hazardous
Substances list. This action constitutes
the first systematic review of toxicology
and environmental data for all the
chemicals on the original TRI list to
determine whether data for those
chemicals conform with the statutory
criteria for listing of chemicals on TRI.
Chemicals for which data do not meet
the statutory criteria will be delisted.
Timetable:
Action
Date
FR Cite
NPRM 09/00/02
Final Action 09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4015
Fomerly listed as RIN 2070-ADI 8.
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Federal Register/Vol. 65, No. 231 /Thursday, November 30, 2000/Unified Agenda 74585
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
Agency Contact: Maria Doa,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Daniel R. Bushman, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
RIN: 2025-AA03
3761. • TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11013
Pollution Prevention Act
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Section 660 7 (b) of the
Pollution Prevention Act of 1990 (PPA)
(Pub. L. 101-508) requires the addition
of several data elements to the Toxic
Chemical Release Inventory (TRI)
reporting requirements as promulgated
under section 313 of the Emergency
Planning and Community Right-to-
Know Act of 1986 (EPCRA) (Pub. L.
99-499). Section 313 of EPCRA requires
owners or operators of certain facilities
that manufacture, process, or otherwise
use listed toxic chemicals to annually
report their releases of these chemicals
to each environmental medium. The
PPA mandates that section 313 covered
facilities also report on source
reduction and recycling activities
relating to the toxic chemicals
beginning with the 1991 reporting year.
Since 1991 covered facilities have been
providing this information to EPA in
section 8, Source Reduction and
Recycling Activities, of EPA Form R.
On September 25, 1991 (56 FR 48475),
EPA proposed regulations which would
provide definitions and instructions for
reporting the PPA data elements on the
EPA Form R. In this action, EPA will
amend certain aspects of the September
25, 1991 proposed rule.
Timetable:
Email: doa.maria@epa.gov
RIN: 2025-AA09
Action
Date
FR Cite
NPRM 09/25/91 56 FR 48475
Supplemental NPRM 04/00/01
Response 03/00/01
Combustion for
Energy Recovery
(Request to Modify)
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2847
Fomerly listed as RIN 2070-AC24.
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: Sara Hisel McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-7937
Fax: 202 401-8142
Email: hisel-mccoy.sara@epa.gov
Maria Doa, Environmental Protection
Agency, Office of Environmental
Information, 2844, Washington, DC
20460
Phone: 202 260-9592
Fax: 202 401-8142
3762. • TRI: APA PETITION-EPCRA
313 DEFINITION OF "OVERBURDEN"
AS IT RELATES TO THE MINING
INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The regulatory definition for
EPCRA section 313 defines
"overburden" to mean any
unconsolidated material that overlies a
deposit of useful material or ores. It
does not include any portion of ore or
waste rock. "Overburden" generally
lacks any recoverable materials and
contains only trace amounts of EPCRA
section 313 chemicals. Under section
313, all activities related to
"overburden" are exempt from
threshold determinations and release
and other waste management
calculations because "overburden"
contains TRI chemicals in negligible
amounts and reporting is unlikely to
provide the public with valuable
information. On December 22,1998, the
National Mining Association (NMA)
petitioned EPA, pursuant to the
Administrative Procedures Act (APA)
to change the current EPCRA 313
definition of "overburden" to include
both consolidated material and
unconsolidated material. By making
such a change, consolidated material
that overlies an ore deposit would be
eligible for the "overburden"
exemption (i.e., "overburden" generally
lacks any recoverable minerals and
contains only trace amounts of EPCRA
section 313 chemicals). NMA asserts
that EPA's definition of "overburden"
is inconsistent with that of industry.
NMA considers "overburden" to be all
material, both consolidated and
unconsolidated, that overlies an ore
deposit of useful material and must be
removed to allow access to ore deposit.
Timetable:
Action
Date FR Cite
NPRM 12/00/01
Final Rule 12/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4392
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74586 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
Fomerly listed as RIN 2070-AD41.
Agency Contact: Peter South,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-5997
Fax: 202 401-8142
Email: south.peter@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AA08
3763. RESPONSE TO A PETITION
REQUESTING DELETION OF
PHOSMET FROM THE EXTREMELY
HAZARDOUS SUBSTANCES (EHSS)
LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: EPA has received a petition
to remove Phosmet from the extremely
hazardous substance (EHS) list under
the Emergency Planning and
Community Right-to-Know Act
(EPCRA). This rulemaking will address
the petitioner's claims.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3994
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104, Washington, DC 20460
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
RIN: 2050-AE42
3764. MODIFICATION OF THRESHOLD
PLANNING QUANTITY FOR
ISOPHORONE DIISOCYANATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048
CFR Citation: 40 CFR 355
Legal Deadline: None
Abstract: On October 12,1994 (59 FR
51816), EPA proposed to modify the
listing of several chemicals on the
extremely hazardous substances (EHS)
list under the Emergency Planning and
Community Right-to-Know Act. One
petitioner requested the removal of
isophorone diisocyanate (IPDI). EPA
rejected the petitioner's request.
However, in the review of the petition,
EPA noticed that there was an error in
the setting of the threshold planning
quantity (TPQ) for IPDI, and proposed
to correct the error in the October 12,
1994 notice of proposed rulemaking.
The other modifications to the EHS list
were made final on May 7, 1996;
however, the TPQ for IPDI was not
included in that final rule. This rule
will finalize the TPQ for IPDI.
Timetable:
Action
Date
FR Cite
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3993
Sectors Affected: 325 Chemical
Manufacturing
Agency Contact: Kathy Franklin,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104, Washington, DC 20460
Phone: 202 260-2250
Fax: 202 260-0927
Email: franklin.kathy@epa.gov
RIN: 2050-AE43
Environmental Protection Agency (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Completed Actions
3765. TRI; CHEMICAL EXPANSION;
REALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Transferred to RIN 08/22/00
2025-AA01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Agency Contact: Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Daniel R. Bushman
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
RIN: 2070-AC47
3766. TRI; DATA EXPANSION
AMENDMENTS; TOXIC CHEMICAL
RELEASE REPORTING; COMMUNITY
RIGHT-TO-KNOW
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 08/11 /OO
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Sara Hisel-McCoy
Phone: 202 260-7937
Fax: 202 401-8142
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74587
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Completed Actions
Email: hisel-mccoy.sara@epa.gov
RIN: 2070-AD08
3767. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Transferred to RIN
2025-AA03
08/22/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Daniel R. Bushman
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD18
3768. TRI; ADDITION OF OIL AND GAS
EXPLORATION AND PRODUCTION TO
THE TOXIC RELEASE INVENTORY
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 08/11/00
Plans No Further
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Tim Crawford
Phone: 202 260-1715
Fax: 202 401-8142
Email: crawford.tim@epa.gov
Maria J. Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD19
3769. TRI; RESPONSES TO PETITIONS
RECEIVED TO ADD OR DELETE OR
MODIFY CHEMICAL LISTINGS ON THE
TOXIC RELEASE INVENTORY
Priority: Routine and Frequent. Major
status under 5 USC 801 is
undetermined.
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Transferred to RIN 08/22/00
2025-AAOO
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Agency Contact: Daniel R. Bushman
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-ACOO
3770. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
CFR Citation: 40 CFR 372
Completed:
Reason
Date FR Cite
Transferred to RIN 08/22/00
2025-AA09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Agency Contact: Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Sara Hisel McCoy
Phone: 202 260-7937
Fax: 202 401-8142
Email: hisel-mccoy.sara@epa.gov
RIN: 2070-AC24
3771. TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Transferred to RIN
2025-AA05
08/22/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Daniel R. Bushman
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
RIN: 2070-AD38
3772. TRI; REVISIONS TO THE
OTHERWISE USE ACTIVITY
EXEMPTIONS AND THE COAL
EXTRACTION ACTIVITIES EXEMPTION
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Transferred to RIN
2025-AA06
08/22/00
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State
Agency Contact: Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Lawrence A. Reisman
Phone: 202 260-2301
Fax: 202 401-8142
Email: reisman.larry@epa.gov
RIN: 2070-AD39
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74588 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Completed Actions
3773. TRI: APA PETITION-EPCRA 313 Completed:
DEFINITION OF "OVERBURDEN" AS
IT RELATES TO THE MINING
INDUSTRY
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 372
Reason
Date
FR Cite
Transferred to RIN 08/22/00
2025-AA08
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Maria Doa
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Peter South
Phone: 202 260-5997
Fax: 202 401-8142
Email: south.peter@epa.gov
RIN: 2070-AD41
Environmental Protection Agency (EPA)
Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
Completed Actions
3774. AMENDMENTS TO THE LIST OF
REGULATED SUBSTANCES AND
THRESHOLDS FOR ACCIDENTAL
RELEASE PREVENTION; FLAMMABLE
SUBSTANCES USED AS FUEL OR
HELD FOR SALE AS FUEL AT RETAIL
FACILITIES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 68
Completed:
Reason
Date
FR Cite
Final Action 03/13/00 65 FR 13243
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: James Belke
Phone: 202 260-7314
Fax: 202 260-0927
Email: belke.james@epa.gov
Breeda Reilly
Phone: 202 260-0716
Fax: 202 260-0927
Email: reilly.breeda@epa.gov
RIN: 2050-AE74
3775. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS; RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT SECTION
112(R)(7); DISTRIBUTION OF OFF-SITE
CONSEQUENCES ANALYSIS
INFORMATION
Priority: Other Significant
CFR Citation: 40 CFR 68
Completed:
Reason
Date
FR Cite
NPRM
Final Rule
04/27/00 65 FR 34833
08/04/00 65 FR 48108
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Sicy Jacob
Phone: 202 260-7249
Fax: 202 260-0927
Email: jacob.sicy@epa.gov
John Ferris
Phone: 202 260-4043
Fax: 202 260-0927
Email: ferris.john@epa.gov
RIN: 2050-AE80
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3776. PAINT MANUFACTURING
WASTES LISTING: HAZARDOUS
WASTE MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 6905; 42 USC 6912(a);
42 USC 6921; 42 USC 6922; 42 USC
6926; 42 USC 6938; 42 USC 9602; 42
USC 9603; 42 USC 9604
CFR Citation: 40 CFR 261; 40 CFR 271;
40 CFR 302; 40 CFR 264; 40 CFR 265
Legal Deadline: NPRM, Judicial,
January 26, 2001.
Final, Judicial, March 30, 2002.
Abstract: This action addresses the
potential risks posed by wastes from
the production of paints, and
determines whether these wastes
should be listed as hazardous under
RCRA to control any potentially
unacceptable risks. Any new wastes
listed as hazardous will also be added
to the CERCLA list of hazardous
substances. This action will be
implemented by EPA and States
authorized under RCRA. Impacts on
local governments are not expected,
and small business impacts are
undetermined. Specific wastes to be
addressed are water/caustic cleaning
wastes, solvent cleaning wastes,
emission control dusts/sludges,
wastewater treatment sludges, and off-
spec product.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3805
Agency Contact: David J. Carver,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8603
Fax: 703 308-0514
Email: carver.david@epa.gov
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74589
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Katrin Krai, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-6120
Fax: 703 308-0514
Email: kral.katrin@epa.gov
RIN: 2050-AE32
3777. REMOVAL OF REQUIREMENT
TO USE SW-846 METHODS (TEST
METHODS FOR EVALUATING SOLID
WASTE: PHYSICAL/CHEMICAL
METHODS)
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will eliminate
existing text in the CFR.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934 to 6939; 42 USC
6974; 42 USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 258; 40 CFR 260;
40 CFR 261; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270; 40 CFR 279
Legal Deadline: None
Abstract: EPA has been actively
working to break down the barriers that
the environmental monitoring
community faces when trying to use
new monitoring techniques. As a first
step, EPA has accelerated its review
process for new methods by eliminating
several unnecessary internal review
steps, and by streamlining the internal
approval process for each new method.
However, there are currently 32
citations in title 40 of the Code of
Federal Regulations (CFR) where the
use of SW-846 methods is required. As
a second step for speeding up the
approval process, EPA plans to remove
the requirements to use SW-846
methods for other than method defined
parameters (i.e., where the method
defines the regulations, such as the
Toxicity Characteristic Leaching
Procedure) from 40 CFR. This will
likely lead to an even more streamlined
approval process since SW-846 will
then be able to be handled strictly as
guidance and not need the regulatory
process for approval. This additional
streamlining will permit new, more
cost-effective methods to attain public
and regulatory authority acceptance in
much less time, allowing required
monitoring to be done more cheaply,
faster and, in some cases, more
accurately.
Timetable:
Action
Date
FR Cite
NPRM 02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3989
Agency Contact: Barry Lesnik,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0476
Fax: 703 308-0511
Email: lesnik.barry@epa.gov
RIN: 2050-AE41
3778. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Regulatory Plan: This entry is Seq. No.
123 in Part II of this issue of the
Federal Register.
RIN: 2050-AE44
3779. LISTING OF HAZARDOUS
WASTE; INORGANIC CHEMICAL
WASTES; LAND DISPOSAL
RESTRICTIONS FOR NEWLY LISTED
WASTES; CERCLA HAZARDOUS
SUBSTANCES REPORTABLE
QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 6901 to
6992 (k)
CFR Citation: 40 CFR 261; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 268;
40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial,
August 30, 2000.
Final, Judicial, October 31, 2001.
Abstract: EPA, under an Environmental
Defense Fund consent decree, will
amend, if necessary, the regulations for
hazardous waste management under the
Resource Conservation and Recovery
Act (RCRA) to reduce hazards to
human health and the environment
from inorganic chemical industry
wastes. The wastes covered under this
listing document include: sodium
dichromate production wastes, wastes
from the dry process for manufacturing
phosphoric acid, phosphorus
trichloride production wastes,
phosphorus pentasulfide production
wastes, wastes from the production of
sodium phosphate from wet process
phosphoric acid, sodium chlorate
production wastes, antimony oxide
production wastes, cadmium pigments
production wastes, barium carbonate
production wastes, potassium
dichromate production wastes, phenyl
mercuric acetate production wastes,
boric acid production wastes, inorganic
hydrogen cyanide production wastes,
and titanium dioxide production wastes
(except for chloride process waste
solids). This action is proposed under
the authority of sections 300l(e)(2) of
RCRA which directs EPA to make a
hazardous waste listing determination
for inorganic chemical wastes. After a
study of the waste streams of the above
chemical industry processes, including
characterization of the wastes generated
and a risk assessment evaluating
plausible mismanagement scenarios,
EPA is proposing which of the above
wastes, if any, should be listed as a
hazardous waste under 40 CFR part
261. Land Disposal Restrictions will be
added for newly listed wastes. Newly
listed wastes will be given CERCLA
Hazardous Substance Designation and
Reportable Quantities assigned.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4083
Sectors Affected: 32518 Other Basic
Inorganic Chemical Manufacturing;
325131 Inorganic Dye and Pigment
Manufacturing; 325312 Phosphatic
Fertilizer Manufacturing; 31611 Leather
and Hide Tanning and Finishing; 313
Textile Mills; 325611 Soap and Other
Detergent Manufacturing
Agency Contact: Gwen DiPietro,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
Sue Burnell, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
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74590 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Phone: 703 308-8653
Fax: 703 308-0522
Email: burnell.sue@epa.gov
BIN: 2050-AE49
3780. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will eliminate
existing text in the CFR.
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 00
Legal Deadline: None
Abstract: EPA plans to reduce the
burden imposed by the RCRA reporting
and recordkeeping requirements to help
meet the Federal Governmentwide goal
established by the Paperwork
Reduction Act (PRA). The information
collection burden for the regulations
EPA implements under RCRA in 1995
(the PRA baseline) was 12.6 million
hours. To meet EPA's PRA 2001 goal
(a 40% reduction), EPA needs to
eliminate five million hours to reach
a figure 7.5 million hours.
In June 1999, EPA published a Notice
of Data Availability (NODA) in the
Federal Register (64 FR 32859) to seek
comment on a number of burden
reduction ideas. After reviewing the
comments received on the NODA, EPA
is drafting a proposed rulemaking to
implement many of these ideas. The
proposals are designed to eliminate
duplicative and non-essential
paperwork.
The main ideas being considered for
the proposed rulemaking are: (1)
allowing electronic reporting for all
RCRA-required notices and reports; (2)
allowing all RCRA-required records to
be kept electronically; (3) eliminating
or modifying one-third of the 334
RCRA-required notices and reports that
are sent by the regulated community
to states and EPA; (4) eliminating the
RCRA emergency response training
requirements that overlap with the
Occupational Safety and Health
Administration requirements,
eliminating the need for facilities to
record personnel descriptions, and
reducing to three years the retention
time for personnel records; (5) changing
the owner/operator inspection
frequency of hazardous waste tanks to
weekly, thus making the inspection
frequency consistent with containers
and containment buildings; (6)
providing states and EPA with the
opportunity to lengthen owner/operator
self-inspection frequencies on a case-by
case-basis (through the permitting
process); (7) eliminating the Land
Disposal Restrictions generator waste
determinations, recycler notifications
and certifications, hazardous debris
notifications and characteristic waste
determinations, and streamlining the
characteristic waste notification
procedures; and (8) modifying the
groundwater monitoring requirements
for hazardous waste facilities.
Timetable:
Action
Date FR Cite
Notice
NPRM
06/18/99 64 FR 32859
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4084
Applicable SIC codes: Chemicals and
Allied Products (28), Primary Metal
Industries (33), Fabricated Metals (34),
Industrial Machinery and Equipment
(35), Electrical Equipment (36),
Transportation Equipment (37), Other
Manufacturing, Transportation and
Utilities (40-49), Wholesale Trade (50-
51), Services (70-89) and Other SIC
Groups
Sectors Affected: 323 Printing and
Related Support Activities; 324
Petroleum and Coal Products
Manufacturing; 325 Chemical
Manufacturing; 326 Plastics and Rubber
Products Manufacturing; 331 Primary
Metal Manufacturing; 332 Fabricated
Metal Product Manufacturing; 334
Computer and Electronic Product
Manufacturing; 562 Waste Management
and Remediation Services
Agency Contact: Robert Burchard,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8450
Fax: 703 308-8433
Email: burchard.robert@epa.gov
RIN: 2050-AE50
3781. RCRA APPENDIX VIII
STREAMLINING
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action will propose to
modify the list of chemicals found in
Appendix VIII of 40 CFR part 261 by:
(1) rearranging the Appendix into
groups of chemicals according to their
frequency of expected occurrence in
wastes; (2) clarifying ambiguous entries
currently on the Appendix such as
those marked not otherwise specified;
and (3) deleting those chemicals for
which the risk from potential exposure
is considered to be minimal.
Timetable:
Action
Date FR Cite
NPRM
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4090
Agency Contact: Dr. Monica A. Barron,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5307W, Washington, DC 20460
Phone: 703 308-0483
Fax: 703 308-0509
Email: barron.monica@epa.gov
RIN: 2050-AE55
3782. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74591
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Legal Authority: 42 USC 6912 (a) RCRA
sec 6002(e)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 and E.O.
13101 require EPA to prepare
guidelines in the Federal Register
which designate items that are or can
be made with recovered materials and
to issue recommendations for
Government procurement of these
items. Once designated, procuring
agencies are required to purchase these
items with the highest percentage of
recovered materials practicable.
Government procurement of EPA-
designated items containing recovered
materials fosters markets for recovered
materials and, thereby, closes the
recycling loop. To date, EPA has
designated 54 items under three
Comprehensive Procurement
Guidelines (CPGl, CPG2 and CPG3).
EPA has also issued a Recovered
Materials Advisory Notice (RMAN)
with each CPG which provides
recommendations on buying the
designated items. The E.O. requires
EPA to update the CPG every two
years. The new actions would (1)
propose to designate new items in
CPG4 and (2) issue final item
designations in CPG4.
Timetable:
Action
Date FR Cite
Notice-Paper 06/08/98 63 FR 31214
Products Recovered
Materials Advisory
Notice
Notice - Recovered 06/08/98 63 FR 31217
Materials Advisory
Notice I Update
NPRM(CPG3and 08/26/98 63 FR 45558
RMAN 3)
Notice Notice of 01/19/00 65 FR 3082
Availability of Final
Document
Final Action (CPG3 01/19/00 65 FR 3069
and RMAN 3)
NPRM(CPG4and 10/00/00
RMAN 4)
Final Action (CPG4 10/00/01
and RMAN 4)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3545
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WASTE/1998/August/Day-
26/f22793.htm
Sectors Affected: 92111 Executive
Offices; 92119 All Other General
Government
Agency Contact: Terry Grist,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-7257
Fax: 703 308-8686
Email: grist.terry@epa.gov
RIN: 2050-AE23
3783. HAZARDOUS WASTE MANIFEST
REGULATION
Regulatory Plan: This entry is Seq. No.
122 in Part II of this issue of the
Federal Register.
RIN: 2050-AE21
3784. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH SOLVENT-
CONTAMINATED SHOP TOWELS AND
WIPES
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6921
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This action would modify
RCRA rules that impact the
management of solvent-contaminated
shop towels and wipes. Solvent-
contaminated shop towels and wipes
are used throughout industry for
equipment cleaning and other related
facility operations. The spent shop
towels and wipes can be hazardous
wastes when the solvent used is either
a characteristic or listed solvent. An
examination of industry use and
management practices reveals that
many facilities may use only small
amounts of solvent on their disposable
wipes, and use small numbers of wipes
daily — suggesting that these materials
may sometimes pose little or no risk
to human health and the environment
if disposed in municipal landfills.
Similarly, situations exist where both
disposable wipes and reusable shop
towels are not being managed according
to prescribed Federal and States' rules
and policies. Problems with this issue
have persisted since the late 1980s.
Timetable:
Action
Date FR Cite
NPRM
03/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4091
Sectors Affected: 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 332
Fabricated Metal Product
Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 441
Motor Vehicle and Parts Dealers; 811
Repair and Maintenance; 812 Personal
and Laundry Services
Agency Contact: Jim O'Leary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
RIN: 2050-AE51
3785. GLASS-TO-GLASS RECYCLING
OF CATHODE RAY TUBES (CRTS):
CHANGES TO HAZARDOUS WASTE
REGULATIONS
Priority: Other Significant
Legal Authority: 42 USC 6912(a); 42
USC 6921; 42 USC 6922; 42 USC 6923;
42 USC 6924; 42 USC 6925
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action will ultimately
revise the existing Federal hazardous
waste regulations to remove
unnecessary regulatory barriers to glass-
to-glass recycling of Cathode Ray Tubes
(CRTs). A CRT is the main component
of a television or computer monitor. A
CRT is made largely of specialized
glasses, some of which contain lead to
protect the user from X-rays inside the
CRT. Due to the lead, when they are
disposed of or reclaimed, some CRTs
are hazardous wastes under the Federal
Resource Conservation and Recovery
Act (RCRA) regulations. Glass-to-glass
recycling involves the return of used
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74592 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
CRT glass to manufacturing of new
CRTs. This action is planned in
response to a June 9, 1998
recommendation on CRT recycling from
the Common Sense Initiative (CSI)
Council to the Environmental
Protection Agency (EPA). CSI is a
consensus-based process for developing
cleaner, cheaper, smarter environmental
improvements that includes
representatives of: industry;
environmental groups; community
groups; environmental justice groups;
labor; and, Federal, State, local, and
tribal governments. The
recommendation involves minimizing
RCRA requirements for glass-to-glass
recycling while retaining appropriate
controls to ensure protection of human
health and the environment. The goal
of the recommendation is to facilitate
an increase in glass-to-glass recycling,
thereby minimizing disposal of lead,
increasing resource recovery, and
enhancing protection of human health
and the environment.
Timetable:
Action
Date FR Cite
NPRM
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4092
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov
Javier Garcia, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W, Washington, DC
20460
Phone: 703 308-2628
Fax: 703 308-0522
Email: garcia.javiera®.epa.gov
RIN: 2050-AE52
3786. REINVENTING THE LAND
DISPOSAL RESTRICTIONS PROGRAM
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: The Land Disposal
Restrictions (LDR) program was
established to minimize threats posed
by the land disposal of untreated
hazardous wastes. The program has
been in place for a number of years
and now regulates all but the most
recently listed hazardous wastes. The
Agency is now examining the LDR
program to ensure the program is cost-
effective and flexible while also
protecting human health and the
environment. In a recently published
Advance Notice of Proposed
Rulemaking (ANPRM), we describe our
initial thinking on potential changes to
the LDR program and ask for public
comments and data. We intend to
publish a proposed rule based on the
comments we receive in response to the
ANPRM.
Timetable:
Action
ANPRM
NPRM
Date FR Cite
06/19/00 65 FR 37932
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
3787. PROPOSED REGULATORY
AMENDMENTS ON RECYCLING OF
HAZARDOUS WASTES IN
FERTILIZERS
Priority: Other Significant
Legal Authority: 42 USC 1006 et seq
CFR Citation: 40 CFR 261; 40 CFR 266;
40 CFR 268; 40 CFR 271
Legal Deadline: NPRM, Judicial,
November 15, 2000, Settlement
agreement.
Abstract: This rulemaking is intended
to revise the current RCRA regulations
that apply to recycling of hazardous
wastes in the manufacture of zinc
fertilizers. Specifically, it is intended to
establish a more consistent application
of these recycling requirements to zinc
fertilizer products, to establish a set of
standards for contaminants in RCRA-
regulated zinc fertilizers that are more
appropriate to fertilizers and are
protective of human health and the
environment, and to specify more
appropriate, protective conditions for
management of zinc-bearing hazardous
secondary materials prior to recycling.
These regulatory revisions are expected
to directly affect companies that
manufacture zinc fertilizers from
hazardous secondary materials, and is
likely to benefit such manufacturers
that are small businesses by removing
certain regulatory disincentives to
legitimate recycling activities.
Timetable:
Action
Date FR Cite
NPRM 11/00/00
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4093 Federalism: Undetermined
Sectors Affected: 2122 Metal Ore
Mining; 32411 Petroleum Refineries;
325 Chemical Manufacturing; 331
Primary Metal Manufacturing
Agency Contact: Josh Lewis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-7877
Fax: 703 308-8433
Email: lewis.josh@epa.gov
RIN: 2050-AE53
Additional Information: SAN No. 4208
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32531 Fertilizer
Manufacturing; 331111 Iron and Steel
Mills; 331419 Primary Smelting and
Refining of Nonferrous Metal (except
Copper and Aluminum); 331492
Secondary Smelting, Refining, and
Alloying of Nonferrous Metal (except
Copper and Aluminum); 562112
Hazardous Waste Collection
Agency Contact: Dave Fagan,
Environmental Protection Agency,
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74593
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Solid Waste and Emergency Response,
5301W, Washington, DC 20460
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
RIN: 2050-AE69
3788. REGULATION OF GASIFICATION
DEVICES PROCESSING HAZARDOUS
WASTE AT PETROLEUM REFINERIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6921(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; ...
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: EPA is making available for
public comment data and information
submitted on gasification in response
to a notice of data availability
published in the Federal Register on
July 15, 1998 (63 FR 38139). The July
1998 notice sought comment on
information submitted in response to a
previous notice published on November
20, 1995, and a separate but related
final rulemaking on June 19,1998. The
November 1995 notice proposed to
broaden existing RCRA exclusions for
the recycling of oil bearing residuals in
petroleum refineries (60 FR 57747). The
June 1998 final rulemaking provided an
exemption from the definition of solid
waste for synthesis fuels produced from
hazardous waste (63 FR 33791).
Timetable:
Action
Date
FR Cite
NPRM 11/20/95 60 FR 57747
Interim Notice of Data 04/08/97 62 FR 16747
Availability
Notice of Data 07/15/98 63 FR 38139
Availability and
Request for
Comment
Final Action 08/06/98 63 FR 42110
Final Action Technical 10/09/98 63 FR 54356
Amendments
NPRM 01/00/01
Final Action 01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4411
Split from RIN 2050-AD88.
Agency Contact: Nick Vizzone,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8460
Fax: 703 308-8433
Email: vizzone.nick@epa.gov
Lawrence Gonzalez, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703 308-8468
Fax: 703 308-8433
Email: gonzalez.lawrence@epa.gov
RIN: 2050-AE78
3789. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS-
PHASE I CLARIFICATION AND
PROPOSED CHANGES
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: None
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of smelting
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
Consequently, the Agency established
in the Phase I rule new emissions
standards for cement kilns, lightweight
aggregate kilns, and incinerators under
CAA authority on September 30, 1999
(64 FR 52828). Following promulgation,
issues were raised by the regulated
community through informal comments
and through litigation. In response, this
proposed rule will propose changes and
clarify the final Phase I rule.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM Cement Kilns & 04/19/96 61 FR 17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action - MACT 06/19/98 63 FR 33782
Fasttrack
Final Action - Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM - Phase I 03/00/01
Clarifications and
Proposed Changes
Final Action - Phase 1 10/00/01
Clarifications and
Changes Final Rule
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4418
Split from RIN 2050-AE01. The Agency
will develop a Technical
Implementation Guidance on Phase I;
estimated completion date 1/2001.
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE79
3790. • STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY ELECTRIC POWER PRODUCERS
Regulatory Plan: This entry is Seq. No.
124 in Part II of this issue of the
Federal Register.
RIN: 2050-AE81
3791. • PROJECT XL — ORTHO-
MCNEIL PILOT PROJECT ALLOWING
ON-SITE TREATMENT OF LOW-LEVEL
MIXED WASTES WITHOUT A RCRA
PERMIT
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: This site-specific rulemaking
would allow Ortho-McNeil
Pharmaceutical to treat small volumes
of low-level mixed wastes onsite using
a bench-scale catalytic oxidizing
treatment unit. This treatment
effectively destroys the organic
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74594
Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
component of the wastestream, yielding
a residual that is only a low-level
radioactive waste.
Timetable:
Action
Date
FR Cite
NPRM
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4439
Agency Contact: Mitch Kidwell,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
Nancy Birnbaum, Environmental
Protection Agency, Office of the
Administrator, 1802
Phone: 202 260-2601
Fax: 202 401-6637
Email: birnbaum.nancy@epa.gov
RIN: 2090-AA14
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3792. STORAGE, TREATMENT,
TRANSPORTATION, AND DISPOSAL
OF MIXED WASTE
Regulatory Plan: This entry is Seq. No.
142 in Part II of this issue of the
Federal Register.
RIN: 2050-AE45
3793. RECYCLED USED OIL
CONTAINING PCBS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6974; 42
USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 261; 40 CFR 279
Legal Deadline: None
Abstract: The direct final rule,
published May 6, 1998, eliminates
errors and clarifies ambiguities in the
used oil management standards.
Specifically, the rule clarifies (1) when
used oil contaminated with
polychlorinated biphenyls (PCBs) is
regulated under the used oil
management standards and when it is
not, (2) that the requirements
applicable to releases of used oil apply
in States that are not authorized for the
RCRA base program, (3) that mixtures
of conditionally exempt small quantity
generator (CESQG) wastes and used oil
are subject to the used oil management
standards irrespective of how that
mixture is to be recycled, and (4) that
the initial marketer of used oil that
meets the used oil fuel specification
need only keep a record of a shipment
of used oil to the facility to which the
initial marketer delivers the used oil.
This rule also amends three incorrect
references to the pre-1992 used oil
specifications in the provisions which
address hazardous waste fuel produced
from, or oil reclaimed from, oil-bearing
hazardous wastes from petroleum
refining operations.
EPA received relevant adverse
comments on three of the amendments
included in the May 6, 1998 direct final
rule: the amendments to 40 CFR
261.5(j] (mixtures of conditionally
exempt small quantity generator waste
and used oil), 40 CFR 279.10(i)
(applicability of the used oil
management standards to used oil
contaminated with polychlorinated
biphenyls (PCBs)), and 40 CFR
279.74(b) (recordkeeping requirements
for marketers of used oil that meets the
used oil fuel specification). On July 14,
1998, the Agency removed these three
amendments and reinstated the
regulatory text that existed prior to the
May 6, 1998 direct final rule. EPA will
promulgate a final rule addressing the
comments received and finalizing the
three amendments, as appropriate.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Rule
Removal of 3
Amendments
Final Action
05/06/98 63 FR 25006
05/06/98 63 FR 24963
07/14/98 63 FR 37780
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4088
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0046
Fax: 703 308-8638
Email: svizzero.michael@epa.gov
Tom Rinehart, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-4309
Fax: 703 308-8609
Email: rinehart.tom@epa.gov
RIN: 2050-AE47
3794. LISTING DETERMINATION FOR
WASTEWATERS AND WASTEWATER
TREATMENT SLUDGES FROM
CHLORINATED ALIPHATICS
PRODUCTIONS; LAND DISPOSAL
RESTRICTIONS FOR NEWLY
IDENTIFIED WASTE
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 261; 40 CFR 268;
40 CFR 271; 40 CFR 302
Legal Deadline: Final, Judicial,
September 30, 2000.
Abstract: This action addresses the
potential risks posed by wastes from
the production of chlorinated
aliphatics, and determines whether
these wastes should be listed as
hazardous wastes under RCRA to
control any potentially unacceptable
risks. Land Disposal Restrictions will
be added for any wastes newly listed
as hazardous; and any wastes newly
listed as hazardous also will be added
to the CERCLA list of hazardous
substances. This action will be
implemented by EPA and States
authorized under RCRA. Impacts on
local governments are not expected.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/25/99 64 FR 46475
10/00/00
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74595
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3151
NPRM-
http://www. epa.gov/fedrgstr/EPA-
WATER/1999/August/Day-
25/w20753.htm
Sectors Affected: 32511 Petrochemical
Manufacturing
Agency Contact: Ross Elliott,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8748
Fax: 703 308-0514
Email: elliott.ross@epa.gov
BIN: 2050-AD85
3795. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Regulatory Plan: This entry is Seq. No.
141 in Part II of this issue of the
Federal Register.
RIN: 2050-AE07
3796. LAND DISPOSAL
RESTRICTIONS; TREATMENT
STANDARDS FOR SPENT POTLINERS
FROM PRIMARY ALUMINUM
REDUCTION (K088) AND
REGULATORY CLASSIFICATION OF
K088 VITRIFICATION UNITS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268; 40 CFR 271
Legal Deadline: None
Abstract: K088 wastes contain, among
other hazardous constituents of
concern, significant amounts of
cyanide. Unless the cyanide is
destroyed there is significant potential
to contaminate surface water and
groundwater. Treatment standards
based on the best demonstrated
available technology (vitrification) are
necessary to substantially diminish the
toxicity of the waste and the likelihood
of the constituents migrating. On July,
12, 2000, EPA proposed a three-part
regulatory strategy for K088 treatment.
The three basic components are: (1)
revised treatment standards for cyanide
in K088 non-wastewaters that
encourage the production of useable
products; (2) identification and
regulation of K088 vitrification units as
RCRA Subpart X miscellaneous
treatment units subject to appropriate
air controls; and (3) deregulation of
certain outputs from K088 vitrification.
A final rule is expected within a year.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/12/00 65 FR 42937
07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4233
Sectors Affected: 3334 Ventilation,
Heating, Air-Conditioning and
Commercial Refrigeration Equipment
Manufacturing
Agency Contact: Elaine Eby,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8449
Fax: 703 308-8433
Email: eby.elaine@epa.gov
John Austin, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5302W, Washington, DC
20460
Phone: 703 308-0436
Fax: 703 308-8433
Email: austin.john@epa.gov
RIN: 2050-AE65
3797. TEMPORARY SUSPENSION OF
TOXICITY CHARACTERISTIC RULE
FOR SPECIFIC LEAD-BASED PAINT
DEBRIS
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: Currently, waste derived from
lead-based paint (LBP) abatements that
exhibits the characteristics of toxicity
is managed under the Resource
Conservation and Recovery Act (RCRA)
hazardous waste regulations. Other
Federal agencies (Department of
Housing and Urban Development,
Department of Health and Human
Services) and several States and
advocacy groups have expressed
concern that the costs associated with
the disposal of large volume of such
debris (e.g., doors, windows and
demolition debris) may interfere with
abatement activities. EPA's Office of
Prevention, Pesticides and Toxic
Substances (OPPTS) and the Office of
Solid Waste have proposed a joint
rulemaking to address the disposal of
this debris. (See also RIN 2070-AC72.)
The final rule being prepared by
OPPTS would develop disposal and
management standards for this debris
under the Toxic Substances Control Act
(TSCA) title IV, (the definition of
abatement under TSCA title IV, section
401(1)(B), includes disposal). The
TSCA regulations would establish
appropriate disposal and management
standards for LBP debris and identify
recycling and incineration activities
that would be controlled or prohibited.
To minimize duplication of waste
management requirements, EPA is
developing a companion RCRA rule to
suspend temporarily hazardous waste
management regulations applicable to
LBP debris, which will be subject to
the new TSCA standards.
Timetable:
Action
Date FR Cite
NPRM-RCRA 12/18/98 63 FR 70233
Temporary
Suspension
Final Action-RCRA 08/00/01
Temporary
Suspension
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4263
Sectors Affected: 23321 Single Family
Housing Construction; 23332
Commercial and Institutional Building
Construction; 23542 Drywall,
Plastering, Acoustical and Insulation
Contractors; 23561 Roofing, Siding and
Sheet Metal Contractors; 23594
Wrecking and Demolition Contractors;
23592 Glass and Glazing Contractors;
56291 Remediation Services; 23599 All
Other Special Trade Contractors; 23511
Plumbing, Heating and Air-
Conditioning Contractors; 23531
Electrical Contractors; 23552 Floor
Laying and Other Floor Contractors;
23311 Land Subdivision and Land
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74596 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Development; 562111 Solid Waste
Collection; 562112 Hazardous Waste
Collection; 562119 Other Waste
Collection; 48411 General Freight
Trucking, Local; 48421 Used Household
and Office Goods Moving; 48422
Specialized Freight (except Used
Goods) Trucking, Local; 56221 Waste
Treatment and Disposal; 54138 Testing
Laboratories; 23551 Carpentry
Contractors; 48412 General Freight
Trucking, Long-Distance; 48423
Specialized Freight (except Used
Goods) Trucking, Long-Distance
Agency Contact: Rajani Joglekar,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8806
Fax: 703 308-0522
Email: joglekar.rajani@epa.gov
RIN: 2050-AE68
3798. ALTERNATIVE LAND DISPOSAL
RESTRICTIONS TREATMENT
STANDARDS FOR CONTAMINATED
SOILS, DEFERRAL OF PCB'S AS AN
UNDERLYING HAZARDOUS
CONSTITUENT IN SOIL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6924 (G)(4)(M)
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: EPA proposed to temporarily
defer applicability of a portion of the
rule applying Land Disposal
Restrictions under the Resource
Conservation and Recovery Act (RCRA)
to underlying hazardous constituents in
soils contaminated with certain
hazardous constituent. Specifically,
EPA proposed to temporarily defer the
requirement that polychlorinated
biphenyls (PCBs) be considered an
underlying hazardous constituent when
present in soils which either exhibit the
Toxicity Characteristic for metals, or
contain a hazardous waste that is listed
due to metal content. A final rule
addressing this issue is imminent.
Timetable:
Action
Date
FR Cite
NPRM 02/16/00 65 FR 7809
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4360
Agency Contact: Ernie Brown,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8608
Fax: 703 308-8638
Email: brown.ernie@epa.gov
RIN: 2050-AE76
3799. • PROJECT XL — IBM VT PILOT
PROJECT PROVIDING A SITE-
SPECIFIC EXEMPTION OF A
METALLIZATION PROCESS FROM
THE F006 LISTING DESCRIPTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 U.S.C. 6905;
6912(a); 6921; 6922; 6924(y) and 6938
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: The IBM VT facility has
adopted an innovative copper
metallization process that meets the
narrative description of the
electroplating operations that result in
a wastewater treatment sludge that is
a listed hazardous waste (F006).
Because this process uses a plating bath
that does not contain the toxic metals
for which the sludge was listed and is
operated to minimize the amount of
plating solution that ends up in the
wastewaters, the Agency is providing
a temporary site-specific exemption
from the listing description for the
copper metallization process such that
the resulting sludge will not be a listed
hazardous waste.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/16/00 65 FR 37739
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4438
Agency Contact: Mitch Kidwell,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
Nancy Birnbaum, Environmental
Protection Agency, Office of the
Administrator, 1802
Phone: 202 260-2601
Fax: 202 401-6637
Email: birnbaum.nancy@epa.gov
RIN: 2090-AA11
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3800. HAZARDOUS WASTE
MANAGEMENT SYSTEM: SLAG
RESIDUES DERIVED FROM HIGH-
TEMPERATURE METALS RECOVERY
(HTMR) TREATMENT OF KO61, KO62
AND F0006 WASTES
Priority: Other Significant
Legal Authority: 42 USC 6905 RCRA
sec 2002; 42 USC 6921; 42 USC 6922;
42 USC 6924; 42 USC 6934; 42 USC
6938; 42 USC 6912(a) RCRA sec
2002(a); 42 USC 6922 RCRA sec 3002;
42 USC 6924 RCRA sec 3004
CFR Citation: 40 CFR 261; 40 CFR 266
Legal Deadline: None
Abstract: EPA assessed the potential
risks to human health and the
environment from the use of slag
residues (slags) resulting from high
temperature metals recovery (HTMR)
treatment of specified hazardous wastes
(i.e., electric arc furnace dust, steel
finishing pickle liquor, and
electroplating sludges). This assessment
was used as a basis for the proposed
rule to reclassify these slags as
nonhazardous when they meet certain
exclusion levels and are managed and
used in a certain manner. EPA needs
to reevaluate the proposed rule due to
significant issues raised by public
commenters. There is currently no
deadline for final action on the
proposed rule.
Timetable:
Action
NPRM
Final Action
Date
12/29/94
To Be
FR Cite
59 FR 67256
Determined
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74597
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 3428
Sectors Affected: 56292 Materials
Recovery Facilities
Agency Contact: Narendra Chaudhari,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0454
Fax: 703 308-0522
Email: chaudhari.narendra@epa.gov
RIN: 2050-AE15
3801. HAZARDOUS WASTE
IDENTIFICATION; RECYCLED USED
OIL MANAGEMENT STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6974; 42
USC 9601; 42 USC 9614(c)
CFR Citation: 40 CFR 279
Legal Deadline: None
Abstract: EPA is reviewing whether the
provision of the used oil management
standards which governs mixtures of
recycled used oil and characteristic
hazardous waste, 40 CFR 279.10(b)(2)
(the used oil mixture rule), is consistent
with the United States Court of Appeals
for the District of Columbia Circuit's
decision in Chemical Waste
Management, Inc. v. EPA. The decision,
which concerned a challenge to
portions of EPA's land disposal
restrictions, held that EPA could not
authorize certain wastes exhibiting the
hazardous characteristics of ignitability,
reactivity, or corrosivity to be diluted
to eliminate the characteristic and then
be land-disposed unless the hazardous
constituents in the waste were
adequately treated to minimize threats
to human health and the environment.
The used oil mixture rule provides that
a mixture of hazardous waste and used
oil destined for recycling, if the mixture
is hazardous solely because it exhibits
a hazardous waste characteristic, is
regulated under the used oil
management standards. Under the used
oil mixture rule, such a decharacterized
mixture, therefore, is not subject to the
hazardous waste regulations, including
those relating to land disposal
restrictions. Further analysis is
necessary to determine whether
mixtures of used oil destined for
recycling and characteristic hazardous
wastes differ significantly from other
mixtures containing characteristic
wastes in terms of potential threat to
human health and the environment.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 3668
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0046
Fax: 703 308-8638
Email: svizzero.michael@epa.gov
RIN: 2050-AE28
3802. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6921(a) RCRA sec
3001(a)
CFR Citation: 40 CFR 259; 40 CFR 261;
40 CFR 264; 40 CFR 266
Legal Deadline: None
Abstract: Cement kiln dust (CKD) is a
high volume material by-product of the
cement manufacturing process. While it
contains potentially hazardous
constituents such as lead, cadmium and
chromium, it has been exempted since
November 1980 from hazardous waste
regulation under RCRA Subtitle C by
the Bevill Amendment. This
amendment modified Section 3001 of
RCRA to exempt certain special wastes
until further studies could be
completed and any applicable
regulations were promulgated. In
December 1993, EPA submitted a
Report to Congress with its findings on
the nature and management practices
associated with CKD. This was
followed in January 1995 by an EPA
regulatory determination published in
the Federal Register (60 FR 7366,
2/7/95), which concluded that
additional control of CKD is warranted.
In the regulatory determination EPA
committed to develop additional
tailored regulations under RCRA
Subtitle C and, if necessary, the Clean
Air Act. As part of its regulatory
development effort, the Office of Solid
Waste within EPA's Office of Solid
Waste and Emergency Response has
initiated further studies and has held
informal discussions with stakeholders
interested in regulations under RCRA
Subtitle C for the management of CKD.
The regulations will be tailored to
protect human health and the
environment while limiting burden on
the regulated community. A proposed
rule was issued (64 FR 45632, 8/20/99)
which included a comprehensive set of
standards for the management of CKD.
The comment period for this proposal
ended on February 16, 2000. EPA is
currently processing and addressing
comments received.
Timetable:
Action
Date FR Cite
08/20/99 64 FR 45631
10/00/01
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Federalism: Undetermined
Additional Information: SAN No. 3856
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WASTE/1999/August/Day-
20/f20546.htm
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
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74598 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Fax: 703 308-8686
Email: souders.steve@epa.gov
RIN: 2050-AE34
3803. MERCURY-CONTAINING AND
RECHARGEABLE BATTERY
MANAGEMENT ACT; CODIFICATION
OF WASTE MANAGEMENT
PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 14303
CFR Citation: 40 CFR 271; 40 CFR 273
Legal Deadline: None
Abstract: The purpose of this rule is
to codify into the Code of Federal
Regulations certain provisions of the
Mercury-Containing and Rechargeable
Battery Management Act that impact
the May 11,1995 Universal Waste Rule
(40 CFR part 273). The Act was signed
by the President on May 13,1996, and
became immediately effective
nationwide on the date of signature.
Specifically, one provision of the law
requires the collection, storage, and
transportation of the following types of
batteries be managed according to
standards established in the Universal
Waste Rule: used rechargeable batteries,
lead-acid batteries not covered by 40
CFR part 266 or the equivalent
requirements of an approved State
program, rechargeable alkaline
batteries, certain mercury-containing
batteries banned from domestic sale,
and used consumer products containing
rechargeable batteries that are not easily
removable. The law prohibits State-
imposed requirements that are not
identical to those found in the Federal
Universal Waste Rule, but allows States
to adopt and enforce identical
standards and to implement and
enforce collection, storage, and
transport requirements identical to
those included in the universal waste
rule if the standards are approved by
the EPA Administrator.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 3888
Agency Contact: Bryan Groce,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8750
Fax: 703 308-0522
Email: groce.bryan@epa.gov
RIN: 2050-AE39
3804. FINAL DETERMINATION OF THE
APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO
PETROLEUM CONTAMINATED MEDIA
AND DEBRIS FROM UNDERGROUND
STORAGE TANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 RCRA
sec 3001
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste
Toxicity Characteristic (TC) rule
published in June 1990, EPA decided
to temporarily defer application of the
TC rule to petroleum-contaminated
media and debris, such as soils and
groundwater, that result from
underground storage tank (UST)
corrective actions. This rule is part of
the Agency's commitment to make a
final determination regarding the UST
temporary deferral. The temporary
deferral was, in part, based on the
Agency's concern that without such a
deferral, UST cleanup procedures
would be adversely affected, resulting
in delays in remedial action and
increases in remediation costs. Since
this action is deregulatory, there are no
adverse effects on small businesses, or
on State, local, or tribal governments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/12/93 58 FR 8504
12/00/03
Regulatory Flexibility Analysis
Required: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3189
Agency Contact: Sammy Ng,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5401G, Washington, DC 20460
Phone: 703 603-9900
Fax: 202 260-9163
Email: ng.sammy@epa.gov
RIN: 2050-AD69
3805. LISTING DETERMINATION OF
WASTES GENERATED DURING THE
MANUFACTURE OF AZO,
ANTHRAQUINONE, AND
TRIARYLMETHANE DYES AND
PIGMENTS
Priority: Other Significant
Legal Authority: 42 USC 6921 RCRA
sec 3001; 42 USC 9602 Superfund
(CERCLA) sec 102
CFR Citation: 40 CFR 261; 40 CFR 264;
40 CFR 265; 40 CFR 271; 40 CFR 302
Legal Deadline: NPRM, Judicial, June
30, 1999, Dyes II (deferred wastes)
NPRM: met deadline—See additional
information.
Abstract: This action addresses the
potential human health and
environmental risks posed by wastes
from the manufacture of dyes and
pigments, and determines whether
these wastes should be listed as
hazardous wastes under RCRA to
control any potentially unacceptable
risks. If listed under RCRA, these
wastes would also be added to the
CERCLA list of hazardous substances.
This action will be implemented by
EPA and States authorized under
RCRA. Impacts on local governments
are not expected, and there may be
some small business impacts. EPA
proposed listing decisions for most
wastes in 1994 (Dyes-I), and deferred
decisions on several others. Two
deferred waste streams (filter aids and
triarylmethane sludges) are subject to
separate deadlines for proposed and
final action (Dyes II rulemaking). The
Dyes II NPRM was published on July
23, 1999. The rules proposed in 1994
and 1999 were incomplete because they
did not contain information claimed to
be confidential by industry. Therefore,
a NODA for each proposal will be
necessary, when EPA is able to release
an adequate record. The deadlines are
based on recent settlement discussions
with plaintiffs in EDF v. Browner, Civil
Action No. 89-0598 D.D.C.
Timetable:
Action
NPRM - Dyes 1
NPRM - Dyes II
Date FR Cite
12/22/94 59 FR 66072
07/23/99 64 FR 401 92
(Deferred Wastes)
Notice - Dyes I Notice
of Data Availability.
See Judicial
Deadlines
To Be Determined
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74599
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Action
Date FR Cite CFR Citation: 40 CFR 264; 40 CFR 270
To Be Determined
To Be Determined
Notice-Dyes II Notice
of Data Availability.
See Judicial
Deadlines
Final Action - Dyes I.
See Judicial
Deadline
Final Action-Dyes 11
(Deferred Wastes).
See Judicial
Deadline
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 3066
Court deadline information: Dyes I and
II final rules due 13 months after
NODAs are signed.
Dyes I & II NODAs due by 67 days
after the injunction is lifted from
MaGruder case.
Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8462
Fax: 703 308-0522
Email: slotnick.sue@epa.gov
Narendra Chaudhari, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-0454
Fax: 703 308-0522
Email: chaudhari.narendra@epa.gov
RIN: 2050-AD80
3806. CORRECTIVE ACTION FOR
SOLID WASTE MANAGEMENT UNITS
(SWMUS) AT HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6924 RCRA
sec 3004(u); 42 USC 6924 RCRA sec
3004(v)
To Be Determined Legal Deadline: None
Abstract: Past and present waste
management practices at Resource
Conservation and Recovery Act (RCRA)
treatment, storage or disposal facilities
have resulted in releases of hazardous
constituents from some waste
management units. These releases may
cause contamination of soils,
groundwater, surface water, and air.
This regulation provides a framework
for investigating and remediating
releases at RCRA facilities as necessary
to protect human health and the
environment.
The Agency has issued the corrective
action regulations in several phases. A
proposal for corrective action at RCRA
facilities was published in July 1990.
In February 1993, regulations
concerning Corrective Action
Management Units (CAMU) and
Temporary Units were issued. An
advance notice of proposed rulemaking
(ANPRM) was published on May 1,
1996, which provided further guidance
on implementation of the corrective
action program and requested comment
on the future direction of the program,
including resolution of the 1990
proposal. In October 1999, the Agency
announced its decision to withdraw
most provisions of the July 1990
proposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule (Phase I)
ANPRM
Notice - Partial
Withdrawal of
Proposed
Rulemaking.
Final Action
07/27/90 55 FR 30798
02/16/93 58 FR 8658
05/01/96 61 FR 19432
10/07/99 64 FR 54604
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 2390
Agency Contact: Barbara Foster,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-7057
Fax: 703 308-8638
Email: foster.barbara@epa.gov
RIN: 2050-AB80
3807. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912(a) RCRA
sec 2002(a); 42 USC 6924 RCRA sec
3004; 42 USC 6925 RCRA sec 3005; 42
USC 6926 RCRA sec 3006
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 280; 40 CFR 761
Legal Deadline: None
Abstract: The revised financial
responsibility test is intended to
improve the current test in predicting
which firms will enter bankruptcy and
not be able to cover their financial
obligations for liability and closure
costs of hazardous waste treatment,
storage and disposal facilities. A
bankrupt firm may be unable to afford
the proper closure of a facility which
would require the government to incur
response costs at the facility. The rule
would also qualify owners and
operators of RCRA Treatment, Storage,
and Disposal Facilities which must
currently use more expensive ways,
such as surety bonds or letters of credit,
of demonstrating financial assurance, to
use the less expensive corporate
financial responsibility test for more of
their obligations. The combined savings
from screening out riskier firms and
making the test more available to viable
firms would be approximately $19
million annually in public and private
costs. These regulatory amendments
would have no effect on local or tribal
governments.
Timetable:
Action
Date
FR Cite
07/01/91 56 FR 30201
10/12/94 59 FR 51523
05/00/01
NPRM
NPRM
Notice of Data
Availability
Final Action 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2647
Sectors Affected: 323110 Commercial
Lithographic Printing; 323114 Quick
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74600 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Printing; 325131 Inorganic Dye and
Pigment Manufacturing; 325188 All
Other Basic Inorganic Chemical
Manufacturing; 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 331311 Alumina
Refining; 325211 Plastics Material and
Resin Manufacturing; 32551 Paint and
Coating Manufacturing; 32511
Petrochemical Manufacturing; 32512
Industrial Gas Manufacturing; 325188
All Other Basic Inorganic Chemical
Manufacturing; 325193 Ethyl Alcohol
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
325998 All Other Miscellaneous
Chemical Product Manufacturing;
311942 Spice and Extract
Manufacturing; 32411 Petroleum
Refineries; 332813 Electroplating,
Plating, Polishing, Anodizing and
Coloring; 33271 Machine Shops;
332991 Ball and Roller Bearing
Manufacturing; 333319 Other
Commercial and Service Industry
Machinery Manufacturing; 333999 All
Other General Purpose Machinery
Manufacturing; 336399 All Other Motor
Vehicle Parts Manufacturing; 334
Computer and Electronic Product
Manufacturing; 336 Transportation
Equipment Manufacturing; 48422
Specialized Freight (except Used
Goods) Trucking, Local; 56211 Waste
Collection; 22111 Electric Power
Generation; 22112 Electric Power
Transmission, Control and Distribution;
22132 Sewage Treatment Facilities;
56292 Materials Recovery Facilities
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
BIN: 2050-AC71
3808. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS-
PHASE II COVERING BOILERS AND
CERTAIN INDUSTRIAL FURNACES
Priority: Other Significant
Legal Authority: 42 USC 6924 RCRA
sec 3004; 42 USC 6925 RCRA sec 3005;
42 USC 7412 CAA sec 112; 42 USC
7414 CAA sec 114
CFR Citation: 40 CFR 60; 40 CFR 63;
40 CFR 260; 40 CFR 264; 40 CFR 265;
40 CFR 266; 40 CFR 270
Legal Deadline: NPRM, Judicial,
January 31, 2001, Settlement agreement
for boilers and other industrial
furnaces.
Abstract: Under the Clean Air Act
(CAA), EPA is required to establish
National Emission Standards for
Hazardous Air Pollutants (NESHAPs)
for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns,
boilers, and some types of smelting
furnaces). In addition, under the
Resource Conservation and Recovery
Act (RCRA), EPA is required to
establish standards for all HWCs as
necessary to ensure protection of
human health and the environment.
EPA is concerned that its current RCRA
standards for HWCs may not be
adequately protective given that the
standards do not take into account
indirect pathways of exposure and that
there have been advances both in risk
assessment and control technologies
since promulgation of the current
standards. The Agency is in the process
of developing a proposal to address
boilers and possibly other industrial
furnaces, which combust hazardous
wastes.
Timetable:
Action
Date FR Cite
NPRM - Cement Kilns 04/19/96 61 FR 17358
& Lightweight
Aggregate Kilns &
Incinerators
Final Action - MACT 06/19/98 63 FR 33782
Fasttrack
Final Action - Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM - Boilers & 11/00/01
Other Industrial
Furnaces (Phase II)
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 3333
For information on the Phase I portion
of this effort, see SAN 4418, RIN 2050-
AE79.
Agency Contact: Rhonda Minnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-8771
Fax: 703 308-8433
Email: minnick.rhonda@epa.gov
RIN: 2050-AE01
3809. LAND DISPOSAL
RESTRICTIONS; POTENTIAL
REVISIONS FOR MERCURY LISTED
AND CHARACTERISTIC WASTES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: Some forms of mercury
wastes are now required to be treated
by either incineration or retorting. Both
of these forms of treatment have the
potential to emit mercury via air
emissions. Also, some information
suggests that certain waste types which
are required to be retorted are not
amenable to that form of treatment.
Information on mercury treatment
alternatives, especially stabilization,
has been requested. There also is a
shrinking demand for mercury, which
brings up concerns about requiring
recovery of mercury wastes.
EPA addressed these issues in an
Advance Notice of Proposed
Rulemaking (ANPRM) which solicited
data and comments on treatment data
that the Agency has gathered on the
treatment of mercury wastes. The data
and information gathered by this
ANPRM process provide the bases of
the proposed revised treatment
standards for some forms of mercury
hazardous wastes.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
05/28/99 64 FR 28949
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4094
Sectors Affected: 325181 Alkalies and
Chlorine Manufacturing; 3353 Electrical
Equipment Manufacturing; 3254
Pharmaceutical and Medicine
Manufacturing; 32551 Paint and
Coating Manufacturing
Agency Contact: Josh Lewis,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5302W, Washington, DC 20460
Phone: 703 308-7877
Fax: 703 308-8433
Email: lewis.josh@epa.gov
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74601
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Mary Cunningham, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302W,
Washington, DC 20460
Phone: 703 308-8453
Fax: 703 308-8433
Email: cunningham.mary@epa.gov
RIN: 2050-AE54
3810. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: On April 6, 2000, EPA
requested comment and information on
two issues related to the Criteria for
Municipal Solid Waste Landfills (65 FR
18014). First, we requested data and
information on the performance of
alternative liner designs compared to
the performance of composite liners
when leachate is recirculated. Second,
we requested data and information on
the design and performance of
bioreactor landfills.
EPA is reviewing all responses to this
request for information, as well as
additional information in our own data
base, and is considering issuing a
Notice of Proposed Rulemaking revising
the Criteria for Municipal Solid Waste
Landfills (40 CFR Part 258) to allow
alternative liner designs for leachate
recirculation and encourage bioreactor
landfills.
Timetable:
Action
Date FR Cite
Notice
NPRM
04/06/00 65 FR 18014
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4230
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Deborah Hanlon,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2050-AE67
3811. AMENDMENTS TO THE
CORRECTIVE ACTION MANAGEMENT
UNIT RULE
Priority: Other Significant
Legal Authority: 42 USC 6901 et.seq.
CFR Citation: 40 CFR 260; 40 CFR 264;
40 CFR 271
Legal Deadline: NPRM, Judicial,
August 7, 2000, Settlement agreement
calls for proposal to be signed by
08/07/2000.
Final, Judicial, October 8, 2001,
Settlement agreement calls for final to
be signed by 10/8/2001.
Abstract: EPA has proposed
amendments to the existing RCRA
Corrective Action Management Unit
(CAMU Regulation (at 40 CFR 264.552).
CAMUs are used for managing
remediation wastes onsite during the
course of implementing corrective
action or cleanup at a facility. CAMUs
can promote cleanups by allowing a
broader range of cleanup activities than
are allowed under the other hazardous
waste management regulations. Upon
finalization, the amendments will add
more detail to the treatment and
technical standards for management of
cleanup wastes in CAMUs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/22/00 65 FR 51079
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4419
Agency Contact: William Schoenborn,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8483
Fax: 703 308-8617
Email: william.schoenborn@epa.gov
RIN: 2050-AE77
3812. • RCRA CONTROLS FOR
WASTEWATER TREATMENT UNITS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6922; 42 USC
6924; 42 USC 6925; 42 USC 6926; 42
USC 6974
CFR Citation: 40 CFR 260; 40 CFR 264;
40 CFR 265
Legal Deadline: None
Abstract: EPA is evaluating health risks
posed by wastewater treatment units
and is considering control requirements
and/or emission standards for those
units that are currently exempt from
such requirements. Any standards
eventually imposed by this action
would be intended to mitigate human
health risks, particularly direct
inhalation risks, posed by these units.
The wastewater treatment units of
concern are tanks in which hazardous
wastes are treated and subsequently
released to surface waters or sewage
treatment facilities regulated under the
Clean Water Act (CWA). Although
wastewater discharges from these tanks
are regulated under the CWA, the tanks
themselves are not and are also
"temporarily exempt" from hazardous
waste regulations under the RCRA.
Wastewater treatment units have been
exempt from RCRA regulations for
many years, although the Agency has
stated its concerns about these units
and its intention to reconsider, at some
point, the temporary exemption.
Recent studies undertaken by EPA's
Office of Solid Waste have identified
air emissions from waste management
units as an area that is not well
addressed by RCRA hazardous waste
regulations. In particular, study
findings show wastewater treatment
units to be the waste management unit
of most concern for direct inhalation
risks. Not only can these units pose the
greatest inhalation risks when
compared to other waste management
units, but these units are specifically
exempted from all existing RCRA air
emission controls. Air emission
controls imposed by the Clean Air Act
(CAA) address air emissions from some
wastewater treatment units, but these
requirements depend on industry
sector, quantity of emissions, and
technologies available. This action
constitutes the Agency's evaluation of
the longstanding temporary wastewater
treatment unit exemption and an
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74602 Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
attempt to reduce unacceptable
inhalation risks, where CAA and RCRA
regulations are absent, from the
treatment of hazardous wastes in
wastewater treatment units.
Timetable:
Action
Date
FR Cite
NPRM
12/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4430
Agency Contact: Marie Boucher,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8754
Fax: 703 308-0522
Email: boucher.marie@epa.gov
RIN: 2050-AE82
3813. • STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES - NON-
POWER PRODUCERS AND
MINEFILLING
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 6907(a)(3); 42
USC 6944
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of proposed and final
regulations for the management of coal
combustion wastes that are generated
by non-electric utility coal burners and
managed in landfills and surface
impoundments, and for the practice of
minefilling of coal combustion wastes.
Any such regulations will be developed
under the authority of Subtitle D (non-
hazardous waste) of the Resource
Conservation and Recovery Act (RCRA).
On April 25, 2000, EPA issued a
regulatory determination for fossil fuel
combustion wastes (65 FR 32214, May
22, 2000) to announce its decision
about whether certain wastes from the
combustion of fossil fuels (including
coal, oil and natural gas) should remain
exempt from Subtitle C (management as
hazardous waste) of RCRA for the
wastes that were addressed. The
Agency decided to retain the exemption
from hazardous waste management for
all of the fossil fuel combustion wastes.
However, the Agency also determined
and announced that regulations under
RCRA Subtitle D (management as non-
hazardous wastes) are appropriate for
management of certain coal combustion
wastes that are disposed in landfills
and surface impoundments EPA also
announced that the Agency would
consult with the U.S. department of the
Interior on appropriate measures under
the Surface Mining Control and
Reclamation Act (SMCRA) or RCRA or
some combination of both to address
the disposal of coal combustion wastes
when used for minefill in surface and
underground mines.
The utility industry has made
significant improvements in waste
management practices over recent
years, and most State regulatory
programs are similarly improving.
Nevertheless, public comments and
other analyses have convinced the
Agency that coal combustion wastes
could pose 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, while
most States can now require newer
waste management units to include
liners and groundwater monitoring, less
than about 50 percent of existing non-
utility landfills are lined. (These
statistics exclude municipal solid waste
landfills which are not the subject of
this action.) EPA acknowledges that
some waste management units may not
warrant liners and/or groundwater
monitoring, depending on site-specific
characteristics. The Agency believes the
general lack of these measures justifies
the development of national
regulations.
The Agency also decided that national
regulations under RCRA subtitle D
and/or SMCRA are appropriate for the
practice of minefilling coal combustion
wastes. EPA found that when these
wastes are minefilled, they could
present a danger to human health and
the environment under certain
circumstances, and there are few states
that currently operate comprehensive
programs that specifically address the
unique circumstances of minefilling.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/03
08/00/04
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4469
Any 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 may be subject to
this rule.
Sectors Affected: 311 Food
Manufacturing; 313 Textile Mills; 337
Furniture and Related Product
Manufacturing; 2121 Coal Mining; 322
Paper Manufacturing; 325 Chemical
Manufacturing; 331 Primary Metal
Manufacturing; 336 Transportation
Equipment Manufacturing; 62 Health
Care and Social Assistance; 22112
Electric Power Transmission, Control
and Distribution
Agency Contact: Dennis Ruddy,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AE83
3814. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE US FILTER
RECOVERY SERVICES, ROSEVILLE,
MINNESOTA AND APPROVED
GENERATORS AND TRANSPORTERS
OF USFRS XL WASTE.
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 6912; 42 USC
6921; 42 USC 6922; 42 USC 6923; 42
USC 6926; 42 USC 6930; 42 USC 6937;
42 USC 6938; 42 USC 6974
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74603
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
CFR Citation: 40 CFR 260 to 265; 40
CFR 268; 40 CFR 270; 40 CFR 273; 40
CFR 279
Legal Deadline: None
Abstract: EPA is proposing this rule to
implement a project under the Project
XL program that would provide
regulatory flexibility under the
Resource Conservation and Recovery
Act (RCRA), as amended for the US
Filter Recovery Services (USFRS)
facility located at 2430 Rose Place,
Roseville, Minnesota, 55113 and
approved Minnesota generators and
transporters of wastes from the use of
USFRS's waste water treatment ion
exchange resins. The principal
objective of this USFRS XL Project is
to pilot a flexible, performance-based
system for managing waste waters from
electroplaters, metal finishers and
similar industries who by virtue of
their using USFRS water treatment ion
exchange resins generate electroplating
sludges which are regulated hazardous
wastes. To achieve this, today's
proposed rule would provide regulatory
flexibility to allow approved generators
and transporters of USFRS's water
treatment ion exchange resin wastes to
replace existing requirements for
hazardous waste generators and
transporters with a comprehensive
program designed and implemented by
USFRS to properly store and transport
the USFRS water treatment ion
exchange resins. The overall terms of
this XL project are contained in the
draft Final Project Agreement (FPA).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/17/00 65 FR 50283
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State
Additional Information: SAN No. 4437
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: Robert Egan,
Environmental Protection Agency,
Office of the Administrator, DRP-8J,
Chicago, IL 60604
Phone: 312 886-6212
Fax: 312 353-4788
Email: robert egan@epa.gov
Sandra Panetta, Environmental
Protection Agency, Office of the
Administrator, 1802, Washington, DC
20460
Phone: 202 260-6632
Fax: 202 260-3125
Email: panetta.sandra@epa.gov
RIN: 2090-AA15
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3815. REGULATORY DETERMINATION
ON REMAINING WASTES FROM THE
COMBUSTION OF FOSSIL FUELS
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Final Action- 05/22/00 65 FR 32214
Regulatory
Determination
Wastes From
Combustion of
Fossil Fuels
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Dennis Ruddy
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AD91
3816. CRITERIA FOR MUNICIPAL
SOLID WASTE LANDFILLS
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: The Agency promulgated the
Solid Waste Disposal Facility Criteria;
Final Rule on October 9, 1991 (56 FR
50978). These criteria established
national minimum standards for
municipal solid waste landfills
(MSWLFs). The rale provides
considerable flexibility for all MSWLFs
and contains a special exemption from
the criteria's design and groundwater
monitoring requirements for owners
and operators of certain small
MSWLFs. Small MSWLFs are defined
as units that dispose of less than
twenty (20) tons of municipal solid
waste daily.
The Regulatory Flexibility Act (RFA)
requires federal agencies to assess a
proposed regulation's impact on small
businesses, small organizations, and
small governmental jurisdictions. The
Regulatory Flexibility Analysis
performed for this rule showed a
significant economic impact on small
governments, including small Tribes
even with the special exemption for
small MSWLFs, which reduced the
impact to the extent that less than two
percent of local governments exceeded
the significant economic impact
threshold (56 FR 50989).
Section 610 of the RFA also requires
these agencies to conduct periodic
reviews of codified regulations that
have significant economic impacts on
small entities. This review, commonly
called a "610 Review," must be
conducted by a rule's tenth
anniversary. The Environmental
Protection Agency (EPA) provides
public notice of 610 Reviews in its
Regulatory Agenda, which is published
twice a year in the Federal Register.
On November 22, 1999, EPA published
a Federal Register Notice (64 FR 65124)
of our intent to review and solicit
comments on the impact of the MSWLF
Criteria on small entities pursuant to
Section 610 of the RFA. EPA solicited
comment on the following factors,
especially as they impact a small entity:
(1) the continued need for the rule; (2)
the nature of complaints or comments
received concerning the rule from the
public since promulgation; (3) the
complexity of the rule; (4) the extent
to which the rule overlaps, duplicates
or conflicts with other Federal rules,
and, to the extent feasible, with State
and local governmental rules; and (5)
the length of time since the rule has
been evaluated or the degree to which
technology, economic conditions, or
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74604 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
other factors have changed in the area
affected by the rule.
In response to this Notice, EPA
received six comments specifically
addressing issues regarding small
entities and the MSWLF Criteria. As a
result of this review, we conclude that
this rule should be continued without
change and do not plan to rescind or
amend this rule with respect to small
entities.
Sections 1003(a) and 4004 of RCRA
require EPA to promulgate criteria for
sanitary landfills, thus this rule
continues to be needed. EPA believes
that Part 258 provides, within the
limitations of statutory authority,
considerable flexibility for small
Timetable:
Action
Date
FR Cite
Final Action 10/09/91 56 FR 50978
Begin Review 11/22/99 64 FR 65124
Comment Period End 04/24/00 65 FR 23547
End Review - Decision 08/28/00
To Leave Rule
Unchanged at This
Time
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4350
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2050-AE75
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3817. OIL POLLUTION PREVENTION
REGULATION: REVISIONS
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1321 CWA sec
31KJK1XC)
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: Following a major inland oil
spill with substantial environmental
impacts (i.e., Ashland Oil in Floreffe,
PA, in January 1988), an interagency
task force recommended steps to
improve EPA's oil spill prevention
program (40 CFR part 112). This
program requires oil storage facilities to
prevent and contain discharges that
could reach waters of the United States.
On October 22, 1991, the Agency
proposed revisions to implement some
of the task force recommendations and
on February 17, 1993, the Agency
proposed further clarifications and
technical changes to the spill
prevention regulations. On December 2,
1997, EPA supplemented the 1991 and
1993 proposed revisions with a
proposal to reduce burdens associated
with the oil spill prevention program
by reducing the recordkeeping
provisions or exempting some facilities
from some recordkeeping requirements.
This rule will take final action on the
1991, 1993, and 1997 proposals.
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM 02/17/93 58 FR 8824
Supplemental NPRM 12/02/97 62 FR 63812
Final Action 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 2634
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8769
Fax: 703 603-9116
Email: fieischman.hugo@epa.gov
NPRM
10/22/91 56 FR 54612 RIN: 2050-AC62
Environmental Protection Agency (EPA)
Oil Pollution Act (OPA)
Completed Actions
3818. FACILITY RESPONSE PLAN
REGULATION FOR CERTAIN NON-
TRANSPORTATION-RELATED
FACILITIES THAT HANDLE, STORE,
OR TRANSPORT VEGETABLE OILS
AND ANIMAL FATS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 112 (Revision)
Completed:
Reason
Date
FR Cite
Final Action 06/30/00 65 FR 40775
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Barbara Davis
Phone: 703 603-8823
Fax: 703 603-9116
Email: davis.barbara@epa.gov
RIN: 2050-AE64
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74605
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3819. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 11004; 42
USC 9602(a)
CFR Citation: 40 CFR 302; 40 CFR 355
Legal Deadline: None
Abstract: EPA has listed carbamate
waste streams as hazardous wastes
under the Resource Conservation and
Recovery Act (RCRA). RCRA listed
wastes, by statute, automatically
become hazardous substances under the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) and are assigned a one
pound statutory reportable quantity
(RQ) unless EPA adjusts them. These
substances also become subject to
reporting requirements under the
Emergency Planning and Community
Right-to-Know Act (EPCRA) with a one
pound threshold. EPA, in this action,
will propose RQ adjustments for the
carbamates. Most RQ adjustments are
expected to be greater than one pound.
Raising the RQs for these substances
would decrease the burden on: (1) the
regulated community for complying
with the reporting requirements under
CERCLA and EPCRA; (2) Federal, State,
and local authorities for program
implementation; and (3) Federal, State,
or local authorities, if they release
hazardous substances at the RQ level
or greater.
Timetable:
Action
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,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
Frank Avvisato, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8949
Fax: 703 603-9100
Email: avvisato.frank@epa.gov
RIN: 2050-AE12
3820. NATIONAL PRIORITIES LIST
FOR UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
Superfund (CERCLA) sec 105
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action
Date FR Cite
Date FR Cite Action
Date FR Cite
NPRM
12/00/00
Regulatory Flexibility Analysis
Required: No
NPRM 24
Final Action 20
NPRM 25
03/06/98 63 FR 11340
03/06/98 63 FR 11332
07/28/98 63 FR 40247
Final Action 21 07/28/98 63 FR 40182
Final Action-Tex-Tin 09/18/98 63 FR 49855
Corp
NPRM 26 09/29/98 63 FR 51882
Final Action 22 09/29/98 63 FR 51848
NPRM 27 01/19/99 64 FR 2950
Final Action 23 01/19/99 64 FR 2942
NPRM-Midnight Mine 02/16/99 64 FR 7564
NPRM 28 04/23/99 64 FR 19968
NPRM-Almeda 05/10/99 64 FR 24990
Final Action 24 05/10/99 64 FR 24949
NPRM 29 07/22/99 64 FR 39886
Final Action 25 07/22/99 64 FR 39878
NPRM 30 10/22/99 64 FR 56992
Final Action 10/22/99 64 FR 56966
NPRM 31 02/04/00 65 FR 5468
Final Action 26 02/04/00 65 FR 5435
NPRM 32 05/11/00 65 FR 30489
Final Action 28 05/11/00 65 FR 30482
NPRM 33 07/27/00 65 FR 46131
Final Action 07/27/00 65 FR 46096
NPRM 10/00/00
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3439
Agency Contact: Terry Keidan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8852
Fax: 703 603-9104
Email: keidan.terry@epa.gov
Yolanda Singer, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8835
Fax: 703 603-9100
Email: singer.yolanda@epa.gov
RIN: 2050-AD75
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
3821. GRANTS FOR TECHNICAL
ASSISTANCE RULE REFORM—40 CFR
PART 35 SUBPART M
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 9617(e)
Superfund (CERCLA) sec 117
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: The revisions to the
Technical Assistance Grants (TAG)
Rule are intended to simplify the
application and administrative
processes. The new TAG Rule would
eliminate the requirement that funding
periods may not exceed 3 years.
Funding periods would be negotiated
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74606 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
with TAG applicants so that they have
flexibility to synchronize the period of
time during which the recipient
anticipates having a technical advisor
involved with the schedule of work at
a site. In addition, the new rule would
eliminate the 20 percent ceiling for
administrative costs of a grant so that
recipients do not need to differentiate
between programmatic and
administrative costs. The distinction
between sole and multiple applicants
is eliminated under the rule, since both
must meet identical criteria. The
requirement that the applicant
demonstrate that there is an actual or
potential health threat posed to group
members by the site would also be
deleted since EPA believes that there
is a potential health threat at all
Superfund sites. EPA also believes that
all Superfund sites pose potential
economic and recreational threats to
adjacent communities, and that there is
no need for the applicant to provide
evidence of those threats. Furthermore,
EPA may already have sufficient
information from various sources
concerning the potential health,
economic, and recreational threats
posed by Superfund sites. The
proposed rule also included a new
provision that if finalized would allow
communities to receive cash advances
of up to $5,000.
Timetable:
Action Date FR Cite
NPRM 08/24/99 64 FR 46233
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 3806
NPRM-http://www.epa.gov/fedrgstr/
EPA-GENERAL/1999/August/Day-24/
g20871.htm
Agency Contact: Suzanne Wells,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8863
Fax: 703 603-9100
Email: wells.suzanne@epa.gov
Lois Gartner, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204G, Washington, DC
20460
Phone: 703 603-8889
Fax: 703 603-9100
Email: gartner.lois@epa.gov
RIN: 2050-AE33
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3822. REPORTING EXEMPTIONS FOR
FEDERALLY PERMITTED RELEASES
OF HAZARDOUS SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1321; 33 USC
1361; 42 USC 9602; 42 USC 11004
CFR Citation: 40 CFR 117; 40 CFR 302;
40 CFR 355
Legal Deadline: None
Abstract: This action would clarify the
definition of federally permitted release
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). Federally permitted releases
of hazardous substances are exempt
from CERCLA reporting and liability,
and from reporting under section 304
of the Emergency Planning and
Community Right-to-Know Act.
Timetable:
Action
Date
FR Cite
NPRM 07/19/88 53 FR 27268
Supplemental Notice 07/11/89 54 FR 29306
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 2394
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AB82
3823. STREAMLINING THE
PREAUTHORIZATION MIXED
FUNDING FOR APPLICATION AND
IMPLEMENTATION OF CLAIMS
AGAINST SUPERFUND
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 9601
CFR Citation: 40 CFR 307
Legal Deadline: None
Abstract: Current regulations at 40 CFR
part 307 provide for the
preauthorization of claims against the
Superfund in instances where the
Agency makes a determination that
mixed funding is appropriate. This
process has been labeled by many
stakeholders as overly burdensome. The
Agency has reviewed the current
process in order to identify areas in
which burdens may be lessened and
requirements may be streamlined. As a
result, the Agency is considering a
proposal to amend the current
regulation to: streamline the application
process by eliminating duplicative
information requirements; minimize the
requirements related to management,
oversight, and reporting of the cleanup,
by removing the requirement to be
guided by the Federal Acquisition
Requirements, and replacing the
requirement of maximum free and open
competition with a bright-line standard;
allow claimants to provide independent
certification of claims and supporting
documentation; streamline the actual
payment process by taking advantage of
the electronic funds transfer process;
ensure that cost recovery concerns are
addressed by requiring claimants,
within a settlement document, to
reimburse the Fund for costs not
recovered (only in the event cost
recovery is initiated), due to claimants'
failure to provide adequate
documentary support or upon a
determination that response costs
expended (and claimed) were not
reasonable or not incurred consistent
with the National Contingency Plan
and ensure proper accounting by
requiring offsets for funds owed to the
Agency by claimants.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74607
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
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3885
Agency Contact: Phyllis Anderson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5201G, Washington, DC 20460
Phone: 703 603-8971
Fax: 703 603-9146
Email: anderson.phyllis@epa.gov
RIN: 2050-AE38
3824. REVISE 40 CFR PART 35
SUBPART O: COOPERATIVE
AGREEMENTS AND SUPERFUND
STATE CONTRACTS FOR
SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 Subpart O
Legal Deadline: None
Abstract: 40 CFR Part 35 Subpart O
is the Superfund Administrative
Regulation that governs awarding of
Superfund cooperative agreements
(CAs) to States, Indian tribes, and
territories of the United States. Subpart
O covers State-lead, site-specific
cooperative agreements for non-time-
critical removal, preremedial, remedial,
and enforcement actions, and site-
specific management assistance for
Federal-lead projects. Also covered by
subpart O are non-site-specific Core
Program and Voluntary Cleanup
Program State infrastructure
development, as well as Brownfields
pilots, and Brownfields assessments.
The requirements for Superfund State
contracts, financial administration,
property, procurement, reporting,
recordkeeping, and closeout are
provided in subpart O.
Subpart O was promulgated 6/5/1990,
and became effective on 7/5/1990.
Many changes in the Superfund
program have occurred over the past
almost ten years and these need to be
reflected in subpart O. The six
categories of CAs presently used in
subpart O need greater flexibility to
accommodate the new types of CAs
that have developed. For example, the
number of Block Funding Reform
pilots, begun in 1997, to consolidate
several of the cooperative agreements
offered in subpart O, has grown to
about 16 for Fiscal Year 2000, and have
generated at least 60 approved
deviation requests from subpart O and
40 CFR part 31. These pilot projects
offer considerable administrative relief
to States, tribes, and EPA by reducing
reporting requirements, broadening
scope changes without amendment,
increasing the ability to move monies
within and among CAs, and relaxing
application requirements regarding site-
specific identification of cooperative
agreement funds to certain activities,
while maintaining site-specific
drawdown requirements needed for
cost recovery and Superfund
accounting. Subpart O also needs to be
conformed with part 31 (Uniform
Administrative Requirements for Grants
and Cooperative Agreements).
EPA expects to institutionalize the
combining of CA types, create more
flexible reporting requirements, permit
greater scope changes without
amendment, provide more flexible
money movement within and among
CAs, and other policy advances in
State/tribal/EPA interaction.
Timetable:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is no
paperwork burden associated with this
action.
Additional Information: SAN No. 4177
Agency Contact: Stephen Caldwell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: caldwell.stephen@epa.gov
Kirby Biggs, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5204W, Washington, DC
20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@epa.gov
RIN: 2050-AE62
3825. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USC 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the
development of evaluation criteria for
the designation of substances as
hazardous under CERCLA. It is
necessary to develop evaluation criteria
because the Agency has the authority
under CERCLA 102 (a) to designate
substances as hazardous; however, the
Agency does not have criteria to do so.
To date the only substances designated
as CERCLA hazardous substances are as
a result of their appearance on other
acts' lists defined under CERCLA
101(14). Using CERCLA designation
criteria the Agency may establish
CERCLA hazardous substances
independently from other acts, in the
interest of public health and the
environment.
The purpose of this action is to have
well thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102(a) hazardous substance. The
Agency already has the authority to
designate substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
Action
Date FR Cite
ANPRM 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4201
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
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74608 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
Email: beasley.lynn@epa.gov
BIN: 2050-AE63
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Prerule Stage
3826. EFFLUENT GUIDELINES AND
STANDARDS FOR THE ORGANIC
CHEMICALS, PLASTICS AND
SYNTHETIC FIBERS CATEGORY
(SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 610
CFR Citation: 40 CFR 414
Legal Deadline: None
Abstract: In November 1987, EPA
established effluent limitations
guidelines and standards for the
Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) industrial
category (52 FR 42522, November 5,
1987), under the authority of sections
301, 304, 306, 307, 308, 402, and 501
of the Clean Water Act. In 1993, EPA
issued amendments to the final rule (58
FR 36872, July 9, 1993) to respond to
the U.S. Fifth Circuit Court of Appeals'
remand decisions on the OCPSF
regulation. The 1993 amendments
resulted in little change to the number
or extent of small business impacts.
The 1987 final rule incorporated
special provisions (i.e., less stringent
regulations) to minimize the economic
impact for a subset of small plants, and
the 1993 amendments maintained those
provisions. EPA conducted a regulatory
flexibility analysis for the final rule and
concluded (for the 1987 rulemaking
and again for the 1993 amendments)
that the effluent limitations are
economically achievable for the
industry as a whole, although some
small businesses would experience a
significant economic impact. The
analysis estimated impacts in terms of
plant and product line closures and
profit and sales impacts. As reported
in the 1993 amendments, EPA
projected the following small business
impacts: for direct dischargers, EPA
projected significant impacts for 77
percent of the small plants; for indirect
dischargers, EPA projected significant
impacts for 63 percent of the small
plants.
EPA is reviewing the 1987 OCPSF
regulation pursuant to section 610 of
the Regulatory Flexibility Act (5 USC
610). The purpose of this review is to
determine whether the OCPSF effluent
guidelines should be continued without
change, or should be amended or
rescinded, to minimize economic
impacts on small entities while still
complying with the provisions of the
Clean Water Act. EPA has already
solicited comment on the continued
need for the rule; the complexity of the
rule; the extent to which it overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and the degree to which
technology, economic conditions, or
other relevant factors have changed
since the rule was promulgated.
EPA continues to view the effluent
limitations for the OCPSF category as
a necessary component of the
comprehensive program to restore and
maintain the quality of our Nation's
waters. EPA intends to continue to
require compliance with the regulation.
Until and unless the Agency modifies
the rule, the discharges described in 40
CFR 414.11 remain subject to the final
rule.
Timetable:
Action
Final Action
Begin Review
End Review
Date
11/05/87
1 1/22/99
1 1/00/00
FR Cite
52 FR 42522
64 FR 651 40
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4364
Agency Contact: Frank Hund,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7182
Fax: 202 260-7185
Email: hund.frank@epa.gov
RIN: 2040-AD45
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3827. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Regulatory Plan: This entry is Seq. No.
125 in Part II of this issue of the
Federal Register.
RIN: 2040-AB79
3828. EFFLUENT GUIDELINES AND
STANDARDS FOR THE IRON AND
STEEL MANUFACTURING POINT
SOURCE CATEGORY (REVISIONS)
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1362 CWA sec 502
CFR Citation: 40 CFR 420
Legal Deadline: NPRM, Judicial,
October 31, 2000.
Final, Judicial, April 30, 2002.
Abstract: EPA will propose
amendments to the effluent limitations
guidelines and standards regulations for
the Iron and Steel Manufacturing Point
Source Category to reflect significant
industry changes related to
consolidation and modernization
within the U.S. steelmaking industry as
well as advances in manufacturing
technologies, in-process pollution
prevention, water conservation
practices, and end-of-pipe wastewater
treatment.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74609
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/00/00
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3833
Sectors Affected: 331111 Iron and
Steel Mills; 3312 Steel Product
Manufacturing from Purchased Steel;
3328 Coating, Engraving, Heat Treating
and Allied Activities; 324199 All Other
Petroleum and Coal Products
Manufacturing
Agency Contact: George Jett,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7151
Fax: 202 260-7185
Email: jett.george@epa.gov
Kevin Tingley, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-9843
Fax: 202 260-7185
Email: tingley.kevin@epa.gov
RIN: 2040-AC90
3829. EFFLUENT GUIDELINES AND
STANDARDS FOR FEEDLOTS POINT
SOURCE CATEGORY, AND NPDES
REGULATION FOR CONCENTRATED
ANIMAL FEEDING OPERATIONS
Regulatory Plan: This entry is Seq. No.
126 in Part II of this issue of the
Federal Register.
RIN: 2040-AD19
3830. WATER QUALITY STANDARDS
REGULATION — REVISION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1313 CWA sec
303(c)
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Water quality standards set
by States and Indian tribes establish the
water quality goals for surface waters
of the United States and the means by
which attainment of these goals will be
measured and assured. They are the
foundation for protecting water quality
and related public health and welfare
and the ecological health of the
Nation's waters. The Federal water
quality standards regulation at 40 CFR
part 131 governs the development,
review and revision of water quality
standards under section 303(c) of the
Clean Water Act by States and Indian
tribes, and the review and approval of
water quality standards by EPA. Based
upon the Federal, State, Tribal and
local experience gained in the program
over the last 20 years, EPA's proposed
revisions to 40 CFR 131 are intended
to strengthen the water quality
standards regulation thus enhancing
water quality management on a
watershed basis, and focusing Federal,
State and tribal resources on the areas
of greatest concern. Program areas
identified for revision include mixing
zone policies and procedures.
Timetable:
Action Date FR Cite
07/07/98 63 FR 36741
03/00/01
04/00/02
ANPRM
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3662
Agency Contact: Jennifer Wigal,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-5177
Fax: 202 260-9830
Email: wigal.jennifer@epa.gov
Susan Gilbertson, Environmental
Protection Agency, Water, 4305,
Washington, DC 20460
Phone: 202 260-1188
Fax: 202 260-9830
Email: gilbertson.sue@epa.gov
RIN: 2040-AC56
3831. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: EPA is considering whether
to promulgate a national rule
containing core Federal water quality
standards (WQS) to support tailored,
site-specific decisions for certain waters
in Indian country that do not have
EPA-approved tribal standards. EPA is
contemplating this rule as a first step
towards ensuring that the core Clean
Water Act (CWA) framework for
protecting water quality is in place for
all such waters. The core Federal water
quality standards would establish: use
designations consistent with CWA
section 101(a) goals, cultural and
traditional, and other uses; narrative
water quality criteria for protecting the
designated uses; and an antidegradation
policy designed to protect water
quality. Such standards would provide
a basis for EPA (in consultation with
a tribe) to affect pollution discharges
occurring upstream from tribal waters;
provide a legally enforceable basis for
including water quality based
limitations or conditions in permits or
certifications for discharges within
Indian country; and provide the basis
for establishing Total Maximum Daily
Loads (TMDLs) for Indian country
waters. A Federal promulgation would
not prevent tribes from developing their
own standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 4344
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1542
Fax: 202 260-9830
Email: leutner.fred@epa.gov
Joanne Dea, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-0180
Fax: 202 260-9830
Email: dea.joanne@epa.gov
RIN: 2040-AD46
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74610 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
3832. TEST PROCEDURES FOR THE
ANALYSIS OF CRYPTOSPORIDIUM
AND GIARDIA UNDER THE SAFE
DRINKING WATER AND CLEAN
WATER ACTS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361 CWA 501(a); 42
USC 300(f) SDWA 1412; 42 USC
300(g)(l) SDWA 1413; 42 USC 300(g](2)
SDWA 1414; 42 USC 300(g)(3) SDWA
1415; 42 USC 300(g)(4) SDWA 1416; 42
USC 300(g)(5) SDWA 1445; 42 USC
300(j)(4) SDWA 1450; 42 USC 300(j)(9)
CFR Citation: 40 CFR 136; 40 CFR 141
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
Part 136 and the analytical methods
under 40 CFR Part 141 to approve EPA
Method 1622 for the detection of
Cryptosporidium and Giardia in
ambient waters and finished drinking
water by filtration of a 10-L sample in
laboratory, separation of target
organisms from other debris using
immunomagnetic separation, and
detection of the organisms using
immunofluorescence assay and
differential interference contrast
microscopy and confirmation
examination of the organisms using
vital dye stains.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4047
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD08
3833. TEST PROCEDURES FOR THE
ANALYSIS OF E. COLI AND
ENTEROCOCCI UNDER THE CLEAN
WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136.3
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
Part 136 to approve microbiological
methods for monitoring ambient water.
Ambient water contamination is
determined by the presence of bacterial
indicators. In 1986, EPA issued a
revision to its bacteriological ambient
water quality criteria recommendations
to include new indicator bacteria, E.coli
and enterococci. To support the
ambient water quality criteria for
bacteria, EPA is planning to promulgate
several analytical methods for
monitoring E.coli and enterococci in
ambient water. This proposed
regulation would approve test
procedures to be available for use by
testing laboratories.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4214
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD34
3834. • MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT
Regulatory Plan: This entry is Seq. No.
129 in Part II of this issue of the
Federal Register.
RIN: 2040-AD62
3835. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1312 CWA sec 302; 33
USC 1314 CWA sec 304; 33 USC 1316
CWA sec 306; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124
Legal Deadline: None
Abstract: On February 21, 1995,
President Clinton issued a directive
requesting that Federal agencies review
their regulatory programs to eliminate
any obsolete, ineffective, or unduly
burdensome regulations. In response to
that directive, EPA plans to issue
several rulemaking packages to revise
NPDES requirements in parts 122, 123,
and 124 to eliminate redundant
regulations, provide clarification, and
remove or streamline unnecessary
procedures. Revisions under
consideration in this rule include
adding additional permit modifications
that can be considered minor
modifications at 122.63, and changes to
requirements concerning EPA's review
of State permits. Other revisions may
be considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74611
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/01
08/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3786
Agency Contact: Thomas Charlton,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6960
Fax: 202 260-1460
Email: charlton.tom@epa.gov
Howard Rubin, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-2051
Fax: 202 260-1460
Email: rubin.howarde@epa.gov
RIN: 2040-AC84
3836. REVISIONS TO NPDES
REQUIREMENTS FOR MUNICIPAL
SANITARY SEWER COLLECTION
SYSTEMS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1318 CWA sec 308; 33 USC 1342
CWA sec 402; 33 USC 1361 CWA sec
501(a)
CFR Citation: 40 CFR 122.38; 40 CFR
122.41; 40 CFR 122.42
Legal Deadline: None
Abstract: Under a Presidential directive
dated May 29, 1999, EPA is to develop
a national regulation to prevent sanitary
sewer overflows from contaminating
our Nation's beaches and jeopardizing
the health of our Nation's families. In
response, EPA is developing a notice
of proposed rulemaking that would
propose a broad-based reevaluation
framework for sanitary sewer collection
systems under the NPDES program. The
Agency is proposing standard permit
conditions for inclusion in permits for
publicly owned treatment works
(POTWs) and municipal sanitary sewer
collection systems. The standard
requirements address reporting
requirements for SSOs, recordkeeping
and capacity assurance, management,
operation and maintenance
requirements for municipal sanitary
sewer collection systems; public notice
requirements for SSOs; and a
prohibition on SSOs.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/00
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 3999
Note: This rule was formerly known as
"Revisions to NPDES Requirements for
Compliance Reporting and Collection
System Discharges."
Agency Contact: Sharie Centilla,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-6052
Fax: 202 260-1040
Email: centilla.sharie@epa.gov
Ross Brennan, Environmental
Protection Agency, Water, 4203, 4203,
Washington, DC 20460
Phone: 202 260-6928
Fax: 202 260-1460
Email: brennan.ross@epa.gov
RIN: 2040-AD02
3837. RECOGNITION AWARDS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: CWA 501(e); 33 USC
1361 (a) and (e)
CFR Citation: 40 CFR 105 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) is establishing
a framework for the annual Clean Water
Act (CWA) Recognition Awards known
as the National Wastewater
Management Excellence Awards
Program. Section 501(e) of the CWA
authorized the Administrator, on behalf
of the U.S. Government, to recognize
outstanding technological achievements
or innovative processes, methods or
devices in waste treatment and
pollution abatement programs. The rule
would establish regulations under
which the recognition may be applied
for and granted. The existing awards
program recognizes innovative and
outstanding achievements, processes,
methods or devices in: Operations and
Maintenance (O&M) of Publicly Owned
Treatment Works (POTW); Beneficial
Biosolids Use (Biosolids); POTW
Pretreatment Programs; Municipal and
Industrial Storm Water (SW)
Management; and Combined Sewer
Overflows (CSO) Controls. These
wastewater management programs can
generally be characterized as waste
treatment and/or pollution abatement
programs. EPA may later establish,
discontinue, combine or otherwise
rename categories by guidance
published in the Federal Register.
Though the Agency has conducted an
awards program for many years, the
rulemaking action clearly acknowledges
the basis for the program. EPA is
formalizing the CWA Recognition
Awards program using a direct final
rulemaking because the agency does
not expect adverse comments. Unless
the Agency receives comments
requiring a response during the public
comment period associated with an
identical companion proposed rule
published elsewhere in the Federal
Register on the same day, the
formalized program would become
effective without further notice.
Timetable:
Action
Date FR Cite
NPRM - Companion of 11/00/00
Direct Final Rule
Direct Final Rule 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4332
Note: This rule was formerly known as
National Wastewater Management
Excellence Awards Program.
Sectors Affected: 2213 Water, Sewage
and Other Systems; 5622 Waste
Treatment and Disposal
Agency Contact: Maria Campbell,
Environmental Protection Agency,
Water, 4204, Washington, DC 20460
Phone: 202 260-5815
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74612 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Fax: 202 260-0116
Email: campbell.maria@epa.gov
RIN: 2040-AD44
3838. • OCEAN DISCHARGE
CRITERIA REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1343 et seq
CFR Citation: 40 CFR 125.121(a); 40
CFR 125.121(e); 40 CFR 125.122; 40
CFR 125.123; 40 CFR 125.124
Legal Deadline: None
Abstract: EPA is proposing to modify
the current CWA Section 403
regulations to address how permits for
ocean discharges issued under Section
403 should apply scientific criteria
published by the EPA under Section
304(a) of the Act. Currently, the
regulations state that authorities should
"consider" water quality criteria in
issuing ocean permits. Under the
revised regulations, it would be
assumed that the criteria would be
applied unless the permit authority
specifically demonstrates that they
should not be applied. This "rebuttable
presumption" approach would apply to
permits issued by EPA for discharges
to Federal waters and to EPA or State
issued permits for discharges to State
waters. Section 403 identifies specific
criteria that must be considered when
any permit to discharge pollutants into
the ocean is issued. These "ocean
discharge criteria" apply in addition to
the general National Pollution
Discharge Elimination System (NPDES)
permit requirements of Section 402 and
are intended to give added protection
to ocean waters. EPA regulations
implementing Section 403 require
consideration of any "special aquatic
sites" including marine sanctuaries,
national parks, national seashores, and
coral reefs. This regulation would
identify and publish methods to be
used for the assessment and
designation of "special aquatic sites."
Permits issued under Section 403 are
based on regulations promulgated in
1980. In order to provide the best
possible protection of ocean waters,
and specifically address the protection
of special sites, the regulations need to
be updated and strengthened.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
01/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4446
Sectors Affected: 22132 Sewage
Treatment Facilities; 221111
Hydroelectric Power Generation;
221112 Fossil Fuel Electric Power
Generation; 42271 Petroleum Bulk
Stations and Terminals; 325412
Pharmaceutical Preparation
Manufacturing; 311711 Seafood
Canning
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504-F, Washington, DC 20460
Phone: 202 260-1952
RIN: 2040-AD60
3839. CLEAN WATER ACT DEFINITION
OF WATERS OF THE UNITED STATES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1361 CWA sec
501; 33 USC 1362 CWA sec 502
CFR Citation: 33 CFR 328.3(a); 40 CFR
110.1; 40 CFR 112.2; 40 CFR 116.3; 40
CFR 117.1; 40 CFR 122.2; 40 CFR
230.3(s); 40 CFR 232.2; 40 CFR 257.3-
l(d); 40 CFR Part 300, Appendix E; 40
CFR 401.11(1)
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to amend the regulatory
definition of waters of the United
States. The proposal would clarify the
basis for asserting Clean Water Act
(CWA) jurisdiction over isolated
intrastate waters and wetlands. The
existing regulations contain language
asserting jurisdiction over isolated
intrastate waters, but that regulatory
provision has been the subject of
litigation. Revision of the regulatory
language is necessary to address the
court's decision, improve regulatory
clarity, and provide more specificity
regarding CWA jurisdiction over
intrastate isolated waters and wetlands.
The rulemaking would apply to entities
(e.g., industrial, commercial,
governmental) that discharge
pollutants, including dredged or fill
material, to isolated intrastate surface
waters or wetlands. Significant impacts
on small entities or State/local/tribal
governments are not anticipated, as the
proposed regulatory revisions would be
consistent with current Agency practice
and policy in carrying out CWA
mandates.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 2804
Agency Contact: Donna Downing,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-8795
Fax: 202 260-7546
Email: downing.donna@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502F
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
RIN: 2040-AB74
3840. • SITE-SPECIFIC RULE UNDER
XL TO GRANT WAIVER FROM BMP
REGULATIONS UNDER CWA
CLUSTER RULES
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361;
42 USC 7412
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is a site-specific
rule that will grant the International
Paper Androscoggin mill a waiver from
certain requirements under the Clean
Water Act Pulp and Paper cluster rules.
Specifically, in exchange for an
exemption from Best Management
Practices under the cluster rules, IP
will implement a set of effluent
improvement projects tailored to the
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74613
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Androscoggin mill and will accept new,
more stringent limits in the
Androscoggin mill's water permit.
Timetable:
Action
Date
FR Cite
NPRM
10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4440
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Nina Bonnelycke,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-3344
Fax: 202 401-6637
Email: bonnelycke.nina@epa.gov
Chris Rascher, Environmental
Protection Agency, Office of the
Administrator
Phone: 617 918-1834
RIN: 2090-AA12
3841. • PRETREATMENT PROGRAM
REINVENTION PILOT PROJECTS
UNDER PROJECT XL
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is proposing changes to
the National Pretreatment Program
regulations to allow Publicly Owned
Treatment Works (POTWs) that have
completed the Project excellence and
Leadership (Project XL) selection
process, including Final Project
Agreement (FPA) development, to
modify their approved local
Pretreatment Programs. These POTWs
would be allowed to modify their
programs following the procedures in
40 CFR 403.18, and implement the new
local programs as described in their
FPAs.
Timetable:
Action
Date
FR Cite
NPRM - Pretreatment 10/00/00
Program
Reinvention
Projects Under
Project XL
Final Action 12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local
Additional Information: SAN No. 4476
Sectors Affected: 22132 Sewage
Treatment Facilities
Agency Contact: Brian Frazer,
Environmental Protection Agency,
Office of the Administrator, 4203,
Washington, DC 20460
Phone: 202 260-0101
Fax: 202 260-1460
Email: frazer.brian@epa.gov
Chad Carbone, Environmental
Protection Agency, Office of the
Administrator, 1802, Washington, DC
20460
Phone: 202 260-4296
Fax: 202 260-1812
Email: carbone.chad@epa.gov
RIN: 2090-AA16
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
3842. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT INDUSTRY
Priority: Other Significant
Legal Authority: 33 USC 1361 CWA
501; 33 USC 1311 CWA 301; 33 USC
1314 CWA 304; 33 USC 1316 CWA
306; 33 USC 1317 CWA 307; 33 USC
1318 CWA 308; 33 USC 1342 CWA 402
CFR Citation: 40 CFR 437
Legal Deadline: Final, Judicial, August
31, 2000.
Abstract: Centralized Waste Treatment
facilities receive hazardous and non-
hazardous waste from off-site for
treatment or recovery operations
(excluding solvent recovery). EPA is
developing technology-based effluent
limitations and pretreatment standards
to control the discharge of pollutants
from these facilities. This rule was
formerly titled Waste Treatment, Phase
I.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
NPRM Reproposal
Final Action
01/27/95 60 FR 5464
09/16/96 61 FR 48805
01/13/99 64 FR 2279
11/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 2805
NPRM- http://www.epa.gov/fedrgstr/
EPA-WATER/1999/January/Day-l 3/
wl30.htm.
Sectors Affected: 562219 Other
Nonhazardous Waste Treatment and
Disposal
Agency Contact: Jan Matuszko,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-9126
Fax: 202 260-7185
Email: matuszko.jan@epa.gov
Tim Connor, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-3164
Fax: 202 260-7185
Email: connor.timothy@epa.gov
RIN: 2040-AB78
3843. EFFLUENT GUIDELINES AND
STANDARDS FOR SYNTHETIC-BASED
DRILLING FLUIDS IN THE OIL AND
GAS EXTRACTION POINT SOURCE
CATEGORY (REVISIONS)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 435
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74614 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Legal Deadline: Final, Judicial,
December 31, 2000.
Abstract: This regulatory action will
establish effluent limitations for the use
of synthetic-based drilling fluids (SBF).
Although oil and gas extraction is
covered by existing effluent guidelines,
the SBFs are a new technology not
addressed in the guidelines, and
applying the existing regulations which
were developed for water-based and
oil-based drilling fluids is not
appropriate. The use of SBFs presents
an opportunity for environmental gain.
On a drilling performance basis, SBFs
replace oil-based drilling fluids, but
unlike oil-based drilling fluids, SBFs
are free of aromatic hydrocarbon
priority pollutants, exhibit greatly
reduced toxicity, biodegrade relatively
rapidly, and do not bioaccumulate.
Compared to water-based drilling
fluids, SBFs have reduced aquatic
toxicity and lower discharge volumes
resulting in lower toxic metals
discharge. To realize the potential
environmental gain, new guidelines
specific to the SBFs are necessary to
minimize the wastestream volume and
control potential contaminants, toxicity,
biodegradation, and bioaccumulation.
Timetable:
Action
NPRM
Final Action
Date FR Cite
02/03/99 64 FR 5487
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4086
Sectors Affected: 21111 Oil and Gas
Extraction
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7186
Fax: 202 260-7185
Email: johnston.carey@epa.gov
Ron Kirby, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-7168
Fax: 202 260-7185
Email: kirby.ronald@epa.gov
RIN: 2040-AD14
3844. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE I
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: Final, Statutory, June
3, 1998, EPA is required to promulgate
the rule 90 days after proposal.
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA authorizes the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
water quality standards.
On March 5, 1998, EPA proposed water
quality standards applicable to nine
stream segments to replace those
provisions in Alabama's water quality
standards that were disapproved in
1986 and in 1991. Specifically, EPA
proposed use designations consistent
with those specified in section 101 (a)
of the CWA to replace the State's
assigned Agricultural and Industrial
Water Supply use. The effect of the
proposed standards is to replace the
State-adopted water quality criteria,
which protect only for fish survival,
with water quality criteria based on
protection of propagation of fish,
aquatic life, and wildlife.
Timetable:
Action
Date
FR Cite
NPRM 03/05/98 63 FR 10799
Final Action 10/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4195
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region IV, Atlanta, GA 30303
Phone: 404 562-9267
Jim Keating, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-3845
Fax: 202 260-9830
Email: keating.jim@epa.gov
RIN: 2040-AD25
3845. AMEND THE FINAL WATER
QUALITY GUIDANCE FOR THE GREAT
LAKES SYSTEM TO PROHIBIT MIXING
ZONES FOR BIOACCUMULATIVE
CHEMICALS OF CONCERN
Priority: Other Significant
Legal Authority: 33 USC 1268 CWA
118
CFR Citation: 40 CFR 132
Legal Deadline: None
Abstract: EPA is promulgating an
amendment to the final Water Quality
Guidance for the Great Lakes System
(Guidance) to prohibit mixing zones for
bioaccumulative chemicals of concern
(BCCs) in the Great Lakes System,
subject to a limited exception for
existing discharges. For existing
discharges, the regulation, if
promulgated as proposed, would
prohibit mixing zones for BCCs after 10
years from the publication date of the
final rule. New discharges of BCCs
would be subject to the mixing zone
prohibition immediately upon
commencing discharge. EPA had
promulgated this mixing zone provision
on March 23, 1995, as part of the Water
Quality Guidance for the Great Lakes
System required by section 118(c)(2) of
the Clean Water Act. The provision was
vacated by the U.S. Court of Appeals
for the District of Columbia Circuit in
the case of American Iron & Steel
Institute v. EPA, 115 F.3d 979 (D.C. Cir.
1997), and was remanded to the
Agency for further consideration. This
action reflects EPA's reconsideration of
the factual record in response to that
remand.
Timetable:
Action
Date
FR Cite
NPRM 10/04/99 64 FR 53632
Final Action 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74615
EPA—Clean Water Act (CWA)
Final Rule Stage
Additional Information: SAN No. 4235
Agency Contact: Mark Morris,
Environmental Protection Agency,
Water, 4301, Washington, DC 20460
Phone: 202 260-0312
Fax: 202 260-5394
Email: moiris.markl@epa.gov
RIN: 2040-AD32
3846. • PROMULGATION OF
PROVISIONS IN THE FINAL WATER
QUALITY GUIDANCE FOR THE GREAT
LAKES SYSTEM FOR WATERS
WITHIN THE GREAT LAKES BASIN
Priority: Substantive, Nonsignificant
Legal Authority: CWA 118; 33 USC
1268
CFR Citation: 40 CFR 132
Legal Deadline: Final, Statutory, March
23, 1997, See additional information.
Final, Judicial, July 31, 2000.
Abstract: EPA published the final
Water Quality Guidance for the Great
Lakes System (40 CFR Part 132) on
March 23, 1995. The Clean Water Act
(CWA) requires the Great Lakes States
of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio,
Pennsylvania and Wisconsin to adopt
within two years of publication of the
final Guidance (i.e., March 23, 1997)
minimum water quality standards,
antidegradation policies and
implementation procedures that are
consistent with the Guidance, and to
submit them to EPA for review and
approval. If a Great Lakes State fails
to adopt provisions consistent with the
final Guidance, EPA was required to
publish a final rule by March 23, 1997,
identifying the provisions of the final
Guidance that will apply to waters and
discharges within that jurisdiction.
All eight of the Great Lakes States have
made complete submissions to EPA for
review. EPA has completed its final
review of submissions and identified
provisions within their submissions
that were determined to be inconsistent
with the CWA and the final Guidance.
EPA issued a letter to each of the States
identifying the elements of the State's
submission that would be disapproved
and the provisions within the Guidance
that EPA would promulgate if the State
did not correct the inconsistencies
identified within 90 days.
Subsequently, EPA published a notice
in the Federal Register making its letter
available for public comment.
The Great Lakes States responded to
EPA's letter correcting many of the
provisions EPA had identified as
inconsistent with the final Guidance.
As required by section 118(c)(2) of the
CWA, EPA is promulgating a limited
number of provisions contained in the
final Guidance that will apply to
discharges to waters within the Great
Lakes System for the States of Illinois,
Indiana, Michigan, New York, Ohio and
Wisconsin for those disapproved
provisions of States' submissions that
were not corrected as a result of EPA's
letter. In addition, in the preamble to
the regulations EPA will identify for
the public those elements found in
submissions made by the States that
EPA has approved as being consistent
with the final Guidance.
Timetable:
Action
Date FR Cite
08/04/00 65 FR 47864
10/06/00 65 FR 59732
11/00/00
Final Action -
Michigan, Ohio,
Indiana, and Illinois
Final Action - New
York
Final Action -
Wisconsin
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4422
Legal deadline continuation: EPA is
required to publish a final rule in the
Federal Register by March 23,1997, for
any Great Lake State that fails to adopt
provisions consistent with the final
Water Quality Guidance for the Great
Lakes System (Guidance), which is
codified at 40 CFR Part 132. On
November 15, 1999, the Lake Michigan
Federation and the National Wildlife
Federation filed a compliant with the
United States District Court for the
District of Columbia to compel EPA to
promulgate immediately provisions
pursuant to the final Guidance for each
Great Lakes State unless, in the interim,
EPA approves a State submission as
fully consistent with the Guidance.
EPA is in the process of offering a
consent decree schedule to the litigants
that anticipates a publication date for
this final action in September 2000.
Agency Contact: Mark Morris,
Environmental Protection Agency,
Water, 4301, Washington, DC 20460
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AD66
3847. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE ONE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES Program unless the Regional
Administrator approves an alternative
procedure. EPA plans to segment the
rulemaking into two phases to
accommodate different amounts of data
for the long list of compounds.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/18/95 60 FR 53988
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3155
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC95
-------
74616 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
3848. TEST PROCEDURES: CLEAN
WATER ACT AND SAFE DRINKING
WATER ACT METHODS UPDATE
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); PL
92-500 76 Stat. 816; PL 95-217 91 Stat.
1567; PL 100-4 100 Stat. 7; 42 USC 300
g-1; 42 USC 300f(l)(A); 42 USC
300f(l)(D); 42 USC 300J-4; 42 USC 300j-
9(a)
CFR Citation: 40 CFR part 136; 40 CFR
part 141; 40 CFR part 143
Legal Deadline: None
Abstract: This regulatory action would
amend the "Guidelines Establishing
Test Procedures for the Analysis of
Pollutants" under 40 CFR Part 136,
National Primary Drinking Water
Regulations under 40 CFR Part 141, and
National Secondary Drinking Water
Regulations under 40 CFR Part 143 to
approve updated versions of analytical
test procedures (methods) from
voluntary consensus standards bodies
and other organizations. These methods
are used to comply with monitoring
requirements in the wastewater and
drinking water programs, as authorized
under the Clean Water Act (CWA) and
the Safe Drinking Water Act (SDWA).
This regulation would approve updated
versions of methods for determination
of chemical, radiological, and
microbiological pollutants in
wastewater and drinking water. The
updates are to methods from voluntary
consensus standards bodies (the
American Society for Testing and
Materials and Standard Methods) and
from the U.S. Geological Survey and
the Department of Energy. Previously
approved versions of the methods being
updated remain approved. Because the
changes should be noncontroversial,
the amendments are being done
through a direct final rule. A
companion proposed rule will be
published in case there are substantive
adverse comments.
Timetable:
Action Date FR Cite
Direct Final Rule 11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4409
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD59
3849. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1314 CWA sec
304; 33 USC 1317 CWA sec 307; 33
USC 1342 CWA sec 402; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 403
Legal Deadline: None
Abstract: The final rule will be
promulgated as a program streamlining
activity. The rule will revise certain
provisions in the General Pretreatment
Regulations (40 CFR Part 403) that
address restrictions on and oversight of
industrial discharges into Publicly
Owned Treatment Works (POTWs). The
final rule will include exclusions or
variable requirements for smaller
facilities that contribute insignificant
amounts of pollutants, clarify
requirements for implementing
Pretreatment Standards, and provide
more flexible reporting, inspection and
sampling requirements. The revisions
should provide greater flexibility,
reduce burden, and achieve improved
environmental results at less cost for
regulatory authorities and the regulated
community.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/22/99 64 FR 39564
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3663
NPRM- http://www.epa.gov/fedrgstr/
EPA-WATER/1999/July/Day-22/
wl7773.htm
Agency Contact: Jeff Smith,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 260-5586
Fax: 202 260-1460
Email: smith.jeff@epa.gov
Patrick Bradley, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 260-6963
Fax: 202 260-1460
Email: bradley.patrick@epa.gov
RIN: 2040-AC58
3850. COMPARISON OF DREDGED
MATERIAL TO REFERENCE
SEDIMENT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344 CWA sec
404
CFR Citation: 40 CFR 230
Legal Deadline: None
Abstract: This action would revise the
testing provisions of the Clean Water
Act section 404(b)(l) Guidelines to
provide for comparisons between
dredged material proposed for
discharge and reference sediment.
Reference sediment would be defined
as sediment that reflects conditions at
the disposal site had no dredged
material disposal ever occurred there.
Because the disposal site itself is
currently used as the point of
comparison, this action would make a
technical improvement in assessing
cumulative impacts and help make
dredged material testing under section
404 more consistent with that
conducted for ocean disposal, which
currently employs a reference sediment
approach. This action is not expected
to have a significant impact on State,
local, or tribal governments or small
business, as the action will be limited
to Corps projects and permit
applications for which dredged material
testing is necessary, and because the
effect of the action will be limited to
changing the location of an otherwise
collected sample.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74617
EPA—Clean Water Act (CWA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
01/04/95 60FR419
02/00/01
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3288
Agency Contact: John Goodin,
Environmental Protection Agency,
Water, 4502-F, Washington, DC 20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AC14
3851. FURTHER REVISIONS TO
CLEAN WATER ACT DEFINITION OF
DISCHARGE OF DREDGED MATERIAL
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344
CFR Citation: 33 CFR 323.2(d); 40 CFR
232.2
Legal Deadline: None
Abstract: This action involves joint
rulemaking by EPA and the Department
of the Army to clarify the regulatory
definition of discharge of dredged
material under the Clean Water Act
Section 404. This action is being taken
in follow-up to a final rule that was
promulgated in May 1999 to comply
with a court decision. The May 1999
rule clarified that incidental fallback is
not regulated under the definition of
discharge of dredged material. Further
clarification of the definition of
discharge of dredged material is now
being undertaken in order to help
ensure that the waters of the U.S.,
including wetlands, continue to receive
the protection they need and to help
reduce ambiguity for the regulated
community and ensure consistent
application of the regulatory definition.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4261
Agency Contact: John Lishman,
Environmental Protection Agency,
Water, 4502F
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
John Goodin, Environmental Protection
Agency, Water, 4502-F, Washington, DC
20460
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AD41
NPRM
Final Action
08/16/00 65 FR 50108
12/00/00
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
3852. REFORMATTING OF EFFLUENT
GUIDELINES AND STANDARDS IN 40
CFR PARTS 401 THROUGH 471
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1361 CWA sec 502; 33
USC 1342 CWA sec 402
CFR Citation: 40 CFR 405 to 471
(Revision)
Legal Deadline: None
Abstract: This regulatory action will
recodify the existing Effluent
Limitations and Standards in 40 CFR
parts 401 through 471, without making
any changes in the requirements
therein. The purpose of this action is
to enable the Federal, State, and local
regulators and the regulated community
to more easily read, understand and
implement the regulations.
Timetable:
Action
Date
FR Cite
Direct Final Rule
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3767
Agency Contact: Hugh Wise,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7177
Fax: 202 260-7185
Email: wise.hugh@epa.gov
RIN: 2040-AC79
3853. EFFLUENT GUIDELINES AND
STANDARDS FOR THE PULP, PAPER,
AND PAPERBOARD CATEGORY,
PHASE II
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1318 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: EPA will consider revising
the technology-based effluent
limitations guidelines and standards for
8 of the 12 subcategories for this
industrial category: Unbleached Kraft;
Semi-Chemical; Mechanical Pulp; Non-
Wood Chemical Pulp; Secondary Fiber
Deink; Secondary Fiber Non-Deink;
Fine and Lightweight Papers from
Purchased Pulp; and Tissue, Filter,
Non-Woven, and Paperboard from
Purchased Pulp. EPA proposed
guidelines and standards for these
subcategories as part of the Pulp and
Paper Rules (also known as the Cluster
Rules) in December 1993. The Agency
intends to develop these revised
effluent limitations in close
coordination with the Office of Air
Quality Planning and Standards.
-------
74618 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Timetable:
Action
NPRM
Final Action
Date FR Cite
12/17/93 58 FR 66078
12/00/02
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4192
NPRM-
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4168
Sectors Affected: 21211 Coal Mining
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local
Federalism: Undetermined
Additional Information: SAN No. 4050
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7189
Fax: 202 260-7185
Email: anderson.donaldf@epa.gov
RIN: 2040-AD10
3854. EFFLUENT GUIDELINES AND
STANDARDS FOR THE BLEACHED
PAPERGRADE KRAFT
SUBCATEGORY OF THE PULP,
PAPER, AND PAPERBOARD
CATEGORY; CERTIFICATION IN LIEU
OF MONITORING FOR CHLOROFORM
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1342 CWA sec
402; 33 USC 1318 CWA sec 308; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 430
Legal Deadline: None
Abstract: This action is a follow-on to
the already-promulgated Pulp and
Paper Cluster Rules covering the
Bleached Papergrade Kraft Subcategory
(Subpart B). EPA is considering
allowing Subpart B mills to certify
process changes (specifically,
elimination of elemental chlorine and
hypochlorite] and operating conditions
in lieu of minimum monitoring to
demonstrate compliance with the
effluent limitations for chloroform.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/15/98 63 FR 18796
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
http ://www. epa.gov/fedrgstr/EPA-
WATER/1998/April/Day-15/w9615.htm.
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Don Anderson,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7189
Fax: 202 260-7185
Email: anderson.donaldf@epa.gov
RIN: 2040-AD23
3855. EFFLUENT GUIDELINES AND
STANDARDS FOR THE COAL MINING
POINT SOURCE CATEGORY
(REVISIONS)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1318 CWA sec
308; 33 USC 1342 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 434
Legal Deadline: NPRM, Judicial, March
31, 2000.
Final, Judicial, December 31, 2001.
Abstract: Coal mining discharges are
covered by existing effluent guidelines
at 40 CFR part 434. This new regulatory
action will revise the existing
regulations to address two new
subcategories: Coal Remining and
Western Alkaline Coal Mining. The
existing regulations do not cover
remining operations, which, when
appropriately planned and regulated,
will improve effluent quality from
abandoned mine lands while
reclaiming them and prevent
disturbance of unexploited lands.
Advances in treatment technologies and
Best Management Practices pertinent to
coal mines in the arid West show
promise of being more protective of
water quality.
Timetable:
Action
NPRM
Final Action
Date FR Cite
04/11/00 65 FR 19440
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Agency Contact: John Tinger,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
RIN: 2040-AD24
3856. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
CONSTRUCTION AND DEVELOPMENT
INDUSTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1316 CWA 306; 33 USC 1317 CWA
307; 33 USC 1318 CWA 308; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, March
31, 2002.
Final, Judicial, March 31, 2004.
Abstract: The effluent guidelines will
apply to construction activities
associated with new development, as
well as to those associated with
redevelopment activities. The
regulations will address storm water
runoff from construction sites during
the active phase of construction, as
well as post-construction runoff.
Construction activity is a major source
of sediment and other pollutants
discharged to the nation's waters.
Industries potentially affected by this
rulemaking include land developers,
home builders, builders of commercial
and industrial property, and other
private and public sector construction
site owners and operators. EPA will
develop design criteria for erosion and
sediment controls and storm water best
management practices (BMPs). These
requirements will be implemented in
NPDES storm water permits issued to
construction site owners and operators.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/02
03/00/04
Regulatory Flexibility Analysis
Required: Undetermined
-------
Federal Register / Vol. 65, No. 231 / Thursday, November 30, 2000 / Unified Agenda 74619
EPA—Clean Water Act (CWA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4280
Sectors Affected: 23 Construction
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7185
Email: strassler.eric@epa.gov
Jesse Pritts, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-7181
Fax: 202 260-7185
Email: pritts.jesse@epa.gov
RIN: 2040-AD42
3857. EFFLUENT GUIDELINES AND
STANDARDS FOR THE DISSOLVING
KRAFT AND DISSOLVING SULFITE
SUBCATEGORIES OF THE PULP,
PAPER, AND PAPERBOARD POINT
SOURCE CATEGORY (PHASE III)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 430.10 to 430.18;
40 CFR 430.40 to 430.48
Legal Deadline: None
Abstract: On December 17, 1993, EPA
proposed revised effluent limitations,
guidelines and standards and best
management practices regulations for
the Dissolving Kraft and Dissolving
Sulfite Subcategories of the Pulp,
Paper, and Paperboard Point Source
Category (40 CFR Part 430). This action,
which OW refers to as Phase III of the
Cluster Rules, will respond to
comments and reflect new data. There
are five domestic mills in these two
subcategories. The final rule is
anticipated to set limits for absorbable
organic halides (AOX), chemical
oxygen demand (COD), chloroform,
dioxin, furan, and 12 specific
chlorinated phenolics.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/17/93 58 FR 66078
12/00/02
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: Don Anderson,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7189
Fax: 202 260-7185
Email: anderson.donaldf@epa.gov
Mark Perez, Environmental Protection
Agency, Water, 4303
Phone: 202 260-2275
Fax: 202 260-7185
Email: perez.mark@epa.gov
RIN: 2040-AD49
3858. EFFLUENT GUIDELINES AND
STANDARDS FOR THE AQUATIC
ANIMAL PRODUCTION INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: CWA Section 301;
CWA Section 304; CWA Section 306;
CWA Section 307; CWA Section 308;
CWA Section 318; CWA Section 402;
CWA Section 501
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Judicial, June
30, 2002.
Final, Judicial, June 30, 2004.
Abstract: EPA is focusing new efforts
to help reduce nutrient loadings from
commercial agricultural and industrial
operations nationwide. Currently, there
are no Federal technology-based
standards for aquatic animal production
facilities, which are part of the
aquaculture industry. This action is a
new effort to develop pollutant controls
in the form of nationally applicable
discharge standards for commercial and
public aquaculture operations.
In assessments of surface water quality,
states most frequently cite siltation,
nutrients, and pathogens as the major
cause of water quality impairment.
With the growth of the aquaculture
industry, and the inconsistent State
regulatory oversight, EPA will examine
available technologies for the control of
pollutants, primarily nutrients. This
action was formerly titled
"Aquaculture."
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/02
06/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4406
Sectors Affected: 112511 Finfish
Farming and Fish Hatcheries; 112512
Shellfish Farming
Agency Contact: Marta E. Jordan,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0817
Fax: 202 260-7185
Email: jordan.marta@epa.gov
Michael Clipper, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-1278
RIN: 2040-AD55
3859. EFFLUENT GUIDELINES AND
STANDARDS FOR THE MEAT
PRODUCTS POINT SOURCE
CATEGORY (REVISIONS)
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1311; 33 USC
1314; 33 USC 1316; 33 USC 1317; 33
USC 1318; 33 USC 1361
CFR Citation: 40 CFR 432 (Revision)
Legal Deadline: NPRM, Judicial,
December 31, 2001.
Final, Judicial, December 31, 2003.
Abstract: The Agency is revising
effluent limitations guidelines and
standards for the Meat Products Point
Source Category. The current
regulations, at 40 CFR 432, are more
than 20 years old and are limited to
a few conventional pollutants. Recent
concerns about nutrient discharges
from these facilities might be resolved
by additional effluent limitations. In
particular, the current regulations do
not address ammonia nitrogen for red
meat slaughterhouses/packinghouses
(Subparts A-D). Nutrients are a
significant remaining water quality
problem for impaired streams.
Revisions to the current regulations
will also include effluent limitations for
poultry processing, which is not
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74620 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
currently covered by any effluent
guideline.
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
12/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4407
Sectors Affected: 311611 Animal
(except Poultry) Slaughtering; 311612
Meat Processed from Carcasses; 311613
Rendering and Meat By-product
Processing; 311615 Poultry Processing
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7149
Fax: 202 260-7185
Email: lewis.samantha@epa.gov
RIN: 2040-AD56
3860. EFFLUENT GUIDELINES AND
STANDARDS FOR THE INDUSTRIAL
CONTAINER AND DRUM CLEANING
POINT SOURCE CATEGORY.
Priority: Substantive, Nonsignificant
Legal Authority: 30 USC 1311 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Industrial facilities that clean
out 55 gallon drums and other
industrial sized containers are not
currently subject to nationally
applicable wastewater treatment
standards. Many types of toxic and
hazardous materials, including
pesticides, solvents, and petrochemical
products are transported in bulk via
drums and containers. Most of these
containers have a residue, or heel,
present in the containers before they
are cleaned. The accumulation of
residue from large numbers of drums
and containers may result in the
discharge of pollutants to the Nation's
waterways.
This regulation will cover those
facilities that clean out drums and
industrial sized containers as a
business, and will generally not cover
industrial facilities that clean out their
own drums and containers used on site.
Action
Date
FR Cite
NPRM
Final Rule
01/00/02
01/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4408
Sectors Affected: 562998 All Other
Miscellaneous Waste Management
Services
Agency Contact: John Tinger,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
James Covington, Environmental
Protection Agency, Water, 4303
Phone: 202 260-5132
Fax: 202 260-7185
Email: covington.james@epa.gov
RIN: 2040-AD57
3861. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA authorizes the EPA
Administrator to promulgate Federal
water quality standards to supersede
those disapproved provisions in the
water quality standards. EPA is
developing a proposed Federal
rulemaking to determine the
appropriate use designations for five
water bodies in Alabama subject to
outstanding EPA disapprovals.
Timetable:
Action
Date
FR Cite
NPRM 01/00/02
Final Action 06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4264
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region IV, Atlanta, GA 30303
Phone: 404 562-9267
Jim Keating, Environmental Protection
Agency, Water, 4305, Washington, DC
20460
Phone: 202 260-3845
Fax: 202 260-9830
Email: keating.jim@epa.gov
RIN: 2040-AD35
3862. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 13l4(h) CWA
304(h); 33 USC 1361(a) CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve new EPA methods
for the determination of trace metals at
EPA's water quality criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
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
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74621
EPA—Clean Water Act (CWA)
Long-Term Actions
higher than water quality-based criteria
for metals, approval of new EPA test
procedures is necessary.
Timetable:
Action Date FR Cite
NPRM
Final Action
08/00/02
08/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3702
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC75
3863. INCREASED METHOD
FLEXIBILITY FOR TEST
PROCEDURES APPROVED FOR
CLEAN WATER ACT COMPLIANCE
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304 (h); 33 USC 1361(a) CWA 501 (a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
highlight the flexibility already
contained in the 600 and 1600 series
of EPA Methods that are currently
approved for Clean Water Act
compliance monitoring under 40 CFR
part 136, Guidelines Establishing Test
Procedures for the Analysis of
Pollutants. These methods typically
contain a statement that, in recognition
of advances that are occurring in
analytical technology, and to allow the
analyst to overcome sample matrix
interferences, the analyst is permitted
certain options to improve separations
or lower the costs of measurements.
These options include alternate
extraction, concentration, cleanup
procedures, and changes in columns
and detectors. The methods further
require the analyst to demonstrate that
the method modifications will not
adversely affect the quality of data by
generating quality control results that
meet the specifications contained in the
method. Despite this stated flexibility,
the Agency has found that many
NPDES and pretreatment permitting
authorities are not aware of this
flexibility when issuing or enforcing
NPDES and pretreatment permits.
Therefore, this regulatory action will
highlight the existing method flexibility
and clarify EPA's position regarding its
application. This action will also
extend this flexibility to other methods
currently approved under 40 CFR part
136. The purpose of extending this
flexibility to other methods is to (1)
increase consistency between methods,
(2) provide for increased recognition of
advances in analytical technology, and
(3) reduce costs associated with
analytical measurements.
Timetable:
Action
Date FR Cite
Direct Final Rule
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3714
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC92
3864. PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action will
establish the use of performance-based
measurement procedures and guidance
for use in Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would include guidance
concerning the format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. This regulatory action would
also describe increased program
guidance in the form of a
clearinghouse, technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3713
NPRM-http://www.epa.gov/fedrgstr/
EPA-WATER/1997/March/Day-28/
w7221.htm
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC93
3865. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1251 et seq
CWA 304(h); 33 USC 1314(h) CWA
501(a); 33 USC 1361(a)
CFR Citation: 40 CFR 136; 40 CFR 503
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
parts 136 and 503 to approve EPA
Method 1668 for the congener-specific
determination of co-planar and mono-
ortho-substituted polychlorinated
biphenyls (PCBs) in effluent ambient
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74622 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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.
Therefore, approval of a new EPA test
procedure is necessary.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/02
06/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4049
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD09
3866. TEST PROCEDURES FOR THE
ANALYSIS OF MISCELLANEOUS
METALS, ANIONS, AND VOLATILE
ORGANICS UNDER THE CLEAN
WATER ACT, PHASE TWO
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
amend the Guidelines Establishing Test
Procedures for the Analysis of
Pollutants under 40 CFR Part 136 to
approve new procedures for the
analysis of miscellaneous metals,
anions, and volatile organics under the
Clean Water Act (CWA). These methods
are used for implementing water
quality based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
CWA. This regulation would approve
test procedures to be used in measuring
this group of compounds under the
NPDES unless the Regional
Administrator approves an alternative
procedure. This rulemaking would
constitute the second of two segments
of rulemaking initially proposed as one
action.
Timetable:
Action
Date FR Cite
NPRM
Final Action
10/18/95 60 FR 53988
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4089
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AD12
3867. TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (METHOD 245.7)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); PL
92-500 76 Stat. 816; PL 95-217 91 Stat.
1567; PL 100-4 100 Stat. 7
CFR Citation: 40 CFR 136.3(IB)
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the "Guidelines
Establishing Test Procedures for the
Analysis of Pollutants" under 40 CFR
Part 136 to approve a new analytical
test procedure (method) for the
determination of mercury in the
wastewater program as authorized
under the Clean Water Act (CWA). This
new test procedure is capable of
measuring mercury at low parts-per-
trillion (ppt; ng/L) concentrations and
would be an alternative to the recently
promulgated Method 1631, which also
determines mercury at low ppt
concentrations.
Method 245.7 uses similar technology
to Method 1631 (cold vapor atomic
fluorescence spectrometry), but it does
not require the use of a gold trap.
Laboratories claim that Method 245.7
is a less burdensome and more cost-
effective method than Method 1631.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/02
09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4377
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD52
3868. REVISIONS TO METHOD
DETECTION AND QUANTIFICATION
FOR USE UNDER THE CLEAN WATER
ACT AND SAFE DRINKING WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); 42
USC 300f
CFR Citation: 40 CFR I36(b)
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the "Guidelines
Establishing Test Procedures for the
Analysis of Pollutants" under 40 CFR
Part 136 to approve revisions to the
detection and quantification procedures
currently used by EPA for those
analytes regulated in the wastewater
program as authorized under the Clean
Water Act (CWA) and in the drinking
water program under the Safe Drinking
Water Act (SOWA). The current method
detection limit (MDL) procedure is set
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74623
EPA—Clean Water Act (CWA)
Long-Term Actions
forth at 40 CFR part 136, Appendix B.
EPA's Office of Water has not
promulgated a procedure for
quantification but it uses the minimum
level of quantitation (ML) in its
wastewater program and the practical
quantitation level (PQL) in its drinking
water program. The ML is defined in
analytical methods and is generally set
at 3.18 times the MDL. The PQL is
generally set at five to ten times the
MDL. The Office of Water has been
working to revise and refine these
concepts in response to the need to
regulate pollutants at low levels (often
levels that are lower than measurement
capabilities will allow) and to address
other potential approaches to detection
and quantification, including concepts
being introduced by outside
organizations such as voluntary
consensus standards bodies (VCSBs).
The rulemaking would also address
criticisms to the current MDL and
quantification approaches which have
been raised by outside organizations.
Additionally, EPA will consider
whether other approaches from VCSBs
are acceptable for EPA's regulatory
needs.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/03
09/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4378
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 206-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD53
3869. UNIFORM NATIONAL
DISCHARGE STANDARDS FOR
VESSELS OF THE ARMED FORCES -
PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1322; 33 USC
1361
CFR Citation: 40 CFR 1700
Legal Deadline: Final, Statutory, May
10, 2001.
Abstract: This action is phase II of
implementing regulations on Uniform
National Discharge Standards for
Vessels of the Armed Forces. In 1996
the Clean Water Act was amended to
create section 312(n), "Uniform
National Discharge Standards for
Vessels of the Armed Forces." Section
312(n) directs EPA and DOD to work
together to provide Armed Forces
vessels with a nationally uniform set
of discharge standards, which preempt
State discharge standards for these
vessels. The purpose of the statute is
to allow DOD to plan, design and build
environmentally sound vessels, to
encourage innovative pollution control
technology, and to improve operational
flexibility. EPA and DOD jointly
promulgated Phase I of these
regulations, 40 CFR part 1700, on May
10, 1999 (64 FR 25126). The Phase I
rulemaking concluded that 25
discharges from Armed Forces vessels
would require control devices. Some of
these discharges have the potential to
introduce oil or other organics into
receiving waters (such as bilge water);
some have the potential to introduce
copper or other metals (such as fire
main); and some have the potential to
introduce nonindigenous invasive
aquatic species (such as ballast water).
Phase II will establish performance
standards for control devices for these
25 discharges. Once DOD implements
rules for achieving the standards set in
phase II, covered discharges from
Armed Forces vessels will be required
to meet these standards, and will not
be subject to discharge standards
established by States.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/02
04/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4357
Agency Contact: Gregory Stapleton,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-0141
Fax: 202 260-7185
Email: stapleton.gregory@epa.gov
RIN: 2040-AD39
3870. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT NEW FACILITIES
UNDER SECTION 316(B) OF THE
CLEAN WATER ACT
Priority: Other Significant
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1316 CWA sec 306; 33
USC 1326 CWA sec 316; 33 USC 1361
CWA sec 501
CFR Citation: 40 CFR 9,122,123,124
and 125
Legal Deadline: NPRM, Judicial, July
20, 2000, See additional information.
Abstract: This rulemaking applies to
the intake of water by new facilities
that use cooling water intake structures.
Section 316(b) of the Clean Water Act
provides that any standard established
pursuant to sections 301 or 306 of the
Clean Water Act and applicable to a
point source shall require that the
location, design, construction, and
capacity of cooling water intake
structures reflect the best technology
available for minimizing adverse
environmental impact. A primary
purpose of this action is to minimize
the impingement and entrainment of
fish and other aquatic organisms by
cooling water intake structures.
Impingement refers to trapping fish and
other aquatic life against cooling water
intake screens. Entrainment occurs
when aquatic organisms, eggs and
larvae are drawn into the cooling
system through the heat exchanger, and
then pumped back out, often with
significant injury or mortality to the
entrained organisms.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/10/00 65 FR 49059
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
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74624 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 3444
Continued Deadline information:
Deadline for final action is subject of
settlement discussions.
Sectors Affected: 322121 Paper (except
Newsprint) Mills; 32213 Paperboard
Mills; 32411 Petroleum Refineries;
325311 Nitrogenous Fertilizer
Manufacturing; 325199 All Other Basic
Organic Chemical Manufacturing;
331111 Iron and Steel Mills; 331221
Cold-Rolled Steel Shape Manufacturing;
331222 Steel Wire Drawing; 33121 Iron
and Steel Pipes and Tubes
Manufacturing from Purchased Steel;
331315 Aluminum Sheet, Plate and
Foil Manufacturing; 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries; 331525 Copper Foundries
Agency Contact: Deborah Nagle,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-2656
Fax: 202 260-7185
Email: nagle.deborah@epa.gov
J. T. Morgan, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-6015
Fax: 202 260-7185
Email: morgan.james@epa.gov
BIN: 2040-AC34
3871. REVISION OF NPDES
INDUSTRIAL PERMIT APPLICATION
REQUIREMENTS AND FORM 2C—
WASTEWATER DISCHARGE
INFORMATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1311 CWA
301; 33 USC 1314 CWA 304; 33 USC
1342 CWA 402; 33 USC 1361 CWA 501
CFR Citation: 40 CFR 122.21 (e)
Legal Deadline: None
Abstract: All existing manufacturing,
commercial, mining, and silvicultural
operations requiring a National
Pollutant Discharge Elimination System
(NPDES) permit must submit an
application in order to obtain a permit.
The existing industrial application form
has not been revised since 1984 and
needs to be updated to reflect statutory
and related regulatory changes in the
NPDES and water quality standards
program. The purpose of this action
would be to revise and consolidate
existing application forms and
requirements for industries, and to
streamline the permit application
process for these facilities. The Agency
seeks to establish a unified process that
minimizes the need for additional
information from applicants while
providing permit writers the necessary
information, including toxics data, to
ensure that permits adequately address
concerns of permittees and
environmental protection. The Agency
will seek to allow the use of existing
data to the extent possible and to avoid
unnecessary reporting. The Agency is
also considering how to utilize
electronic data submission. Although
these forms will increase the burden on
permittees not already required to
provide these data, many other
permittees are already required to
submit the data. The Agency is
reviewing ways to minimize the need
for information from small dischargers,
including tribal facilities. EPA will also
seek to minimize and reduce the
burden on States through
improvements to the application forms.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3234
Agency Contact: King Boynton,
Environmental Protection Agency,
Water, WH-553, 4203, Washington, DC
20460
Phone: 202 260-7013
Fax: 202 260-1460
Email: boynton.king@epa.gov
RIN: 2040-AC26
3872. REVISION TO CLEAN WATER
ACT REGULATORY DEFINITION OF
"FILL MATERIAL"
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1344
CFR Citation: 33 CFR 323.2(e); 40 CFR
232.2
Legal Deadline: None
Abstract: Section 404 of the Clean
Water Act requires a permit from the
US Army Corps of Engineers (Corps)
for discharges of dredged or fill
material to navigable waters of the US.
The Environmental Protection Agency
(EPA) and Corps' regulations
implementing section 404 currently
contain differing definitions of the term
"fill material." In particular, the Corps
regulations define fill material as being
used "for the primary purpose of "
replacing an aquatic area with dry land
or changing the bottom elevation of a
water body. In contrast, EPA's
definition of fill material looks to
whether the effect is to replace waters
of the US with dry land or change the
bottom elevation of water bodies, and
does not contain a "primary purpose"
test as found in the Corps regulations.
In order to clarify what constitutes "fill
material" for purposes of section 404
and provide improved regulatory
certainty, the Corps and EPA are
conducting notice and comment
rulemaking to achieve greater
consistency between the two agencies'
definitions of "fill material."
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/20/00 65 FR 21292
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4375
This rulemaking is primarily a Corps
of Engineers action and they have lead
responsibility.
Agency Contact: Brenda Mallory,
Environmental Protection Agency,
Water, 4502F, Washington, DC 20460
Phone: 202 260-0044
Fax: 202 260-7546
Email: mallory.brenda@epa.gov
John Lishman, Environmental
Protection Agency, Water, 4502F
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
74625
EPA—Clean Water Act (CWA)
Long-Term Actions
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
RJN: 2040-AD51
3873. ROUND 2 STANDARDS FOR
THE USE OR DISPOSAL OF SEWAGE
SLUDGE
Priority: Other Significant
Legal Authority: 33 USC 1345 CWA sec
405; 33 USC 1361(a) CWA sec 501(a)
CFR Citation: 40 CFR 503 (Revisions)
Legal Deadline: NPRM, Judicial,
December 15, 1999.
Final, Judicial, December 15, 2001.
Abstract: Section 405 of the Clean
Water Act (CWA) requires EPA to
promulgate regulations providing
guidelines for the use and disposal of
sewage sludge. The rules, among other
things, are to identify uses for sewage
sludge, including disposal, and
concentrations of pollutants which
interfere with such use or disposal. The
statute establishes a schedule for EPA
to identify and regulate toxic pollutants
in sewage sludge in two rounds: first
with respect to those toxic pollutants
for which information is available and
subsequently, with respect to those
toxic pollutants in sewage sludge not
regulated in the first round which may
adversely affect public health and the
environment. The regulations must
specify management practices,
including numeric limits, for each such
pollutant, for each use or disposal
practice. EPA published the first round
of sewage sludge regulations, pursuant
to a court ordered schedule, in
February 1993 (58 FR 9247) and
proposed round two regulations in
December 1999. EPA's round two
proposal identified dioxins,
dibenzofurans and coplanar
polychlorinated biphenyls as the
additional toxic pollutants in sewage
sludge to be regulated for sewage
sludge that is to be applied to the land.
The consent decree requires EPA to
take final action on proposed round
two regulations by December 15, 2001.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/23/99 64 FR 72045
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3488
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC25
3874. ROUND I SEWAGE SLUDGE
USE OR DISPOSAL RULE — PHASE
TWO AMENDMENTS
Priority: Substantive, Nonsignificant
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 33 USC 1345 CWA sec
405; 33 USC 1361 CWA sec 50l(a)
CFR Citation: 40 CFR 503 (Revision)
Legal Deadline: None
Abstract: EPA is amending the Round
I Final Sewage Sludge Use or Disposal
Regulation in two phases. Phase Two
will address issues presented by
judicial remand of specific
requirements in the final Round 1 rule
(part 503) and requests for
reconsideration and will modify certain
technical requirements. The proposed
changes will impact Federal, State,
local and tribal governments, as well
as small businesses and small
governmental jurisdictions. EPA
expects that these changes will increase
flexibility and thus reduce the
regulatory burden.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/02
12/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4207
Agency Contact: Alan B. Rubin,
Environmental Protection Agency,
Water, 4304, Washington, DC 20460
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC53
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
3875. EFFLUENT GUIDELINES AND
STANDARDS FOR THE
TRANSPORTATION EQUIPMENT
CLEANING CATEGORY
Priority: Other Significant
CFR Citation: 40 CFR 442
Completed:
Reason
Date
FR Cite
Final Action
08/14/00 65 FR 49665
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local
Agency Contact: John Tinger
Phone: 202 260-4992
Fax: 202 260-7185
Email: tinger.john@epa.gov
RIN: 2040-AB98
3876. EFFLUENT LIMITATIONS
GUIDELINES AND STANDARDS FOR
THE FEEDLOTS POINT SOURCE
CATEGORY, DAIRY AND BEEF
CATTLE SUBCATEGORIES
Priority: Economically Significant
CFR Citation: 40 CFR 412
Completed:
Reason
Date
FR Cite
Merged With RIN
2040-AD19
10/20/00
-------
74626
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Clean Water Act (CWA)
Completed Actions
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Ron Jordan
Phone: 202 260-7115
Fax: 202 260-7185
Email: jordan.ronald@epa.gov
Paul Shriner
Phone: 202 260-3163
Email: shriner.paul@epa.gov
RIN: 2040-AD21
3877. 2000 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Proposed Plan
Final Plan
06/16/00 65 FR 37783
08/31/00 65 FR 53008
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jim Lund
Phone: 202 260-7811
Fax: 202 260-7185
Email: lund.jim@epa.gov
RIN: 2040-AD47
3878. ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS FOR THE STATE OF
CALIFORNIA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 131
Completed:
Reason
Date
FR Cite
Final Action 05/18/00 65 FR 31681
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: William Morrow
Phone: 202 260-3657
Fax: 202 260-9830
Email: morrow.william@epa.gov
Matt Mitchell
Phone: 415 744-2007
Fax: 415 744-1873
Email: mitchell.matthew@epa.gov
RIN: 2040-AC44
3879. WATER QUALITY STANDARDS:
ESTABLISHMENT OF NUMERIC
CRITERIA FOR PRIORITY TOXIC
POLLUTANTS; STATES' COMPLIANCE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 131
Completed:
Reason
Date
FR Cite
Withdrawn-No 10/19/00
Further Action
Planned
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State
Agency Contact: Cindy Roberts
Phone: 202 260-2787
Email: roberts.cindy@epa.gov
RIN: 2040-AC55
3880. SELENIUM CRITERION
MAXIMUM CONCENTRATION FOR
WATER QUALITY GUIDANCE FOR
THE GREAT LAKES SYSTEM
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 132
Completed:
Reason
Date
FR Cite
Final Action 06/02/00 65 FR 35283
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Mark Morris
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AC97
3881. EPA REVIEW AND APPROVAL
OF STATE AND TRIBAL WATER
QUALITY STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 131.21(c)
Completed:
Reason
Date
FR Cite
Final Action 04/27/00 65 FR 24641
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: William Morrow
Phone: 202 260-3657
Fax: 202 260-9830
Email: morrow.william@epa.gov
Cathy Winer
Phone: 202 260-7719
Fax: 202 260-7702
Email: winer.cathy@epa.gov
RIN: 2040-AD33
3882. WHOLE EFFLUENT TOXICITY
WEST COAST TEST PROCEDURES
FOR THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 136
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 08/31/00
Plans No Further
Action
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: William A. Telliard
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC54
3883. NPDES STREAMLINING RULE —
ROUND II
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 122; 40 CFR 123;
40 CFR 124; 40 QFR 125; 40 CFR 22;
40 CFR 117; 40 CFR 125; 40 CFR 144;
40 CFR 270; 40 CFR 271
Completed:
Reason
Date
FR Cite
Final Action 05/15/00 65 FR 30886
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Howard Rubin
Phone: 202 260-2051
Fax: 202 260-1460
Email: rubin.howardE@epa.gov
RIN: 2040-AC70
3884. ESTABLISHMENT OF
ELECTRONIC REPORTING FOR
NPDES PERMITTEES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 122.63; 40 CFR
122.74; 40 CFR 122.76(a-i); 40 CFR
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74627
EPA—Clean Water Act (CWA)
Completed Actions
122.76(k); 40 CFR 122.77-123.25; 40
CFR 403.12(q); 40 CFR 503.18; 40 CFR
503.28; 40 CFR 503.48
Completed:
Reason
Date
FR Cite
Withdrawn - No
Further Action
Planned
10/20/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Brian Frazer
Phone: 202 260-0101
Fax: 202 260-1460
Email: frazer.brian@epa.gov
RIN: 2040-ADll
3885. TOTAL MAXIMUM DAILY LOAD
(TMDL) PROGRAM REGULATIONS
AND SUPPORTING NPDES REVISIONS
Priority: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 9, 122, 123, 124
and 130
Completed:
Reason
Date
FR Cite
Final Action 07/13/00 65 FR 43586
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Tim Icke
Phone: 202 260-2640
Fax: 202 260-7024
James Pendergast
Phone: 202 260-3212
Fax: 202 260-7024
RIN: 2040-AD22
3886. TOTAL MAXIMUM DAILY LOAD
(TMDL) - NPDES AND WQS
REGULATIONS REVISIONS
Priority: Other Significant
CFR Citation: 40 CFR 9, 122,123, 124
and 130
Completed:
Reason
Date
FR Cite
Merged With RIN 10/20/00
2040-AD22
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Tribal
Agency Contact: Tim Icke
Phone: 202 260-2640
Fax: 202 260-7024
Kim Kramer
Phone: 202 260-3212
Fax: 202 260-9544
RIN: 2040-AD36
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Prerule Stage
3887. USE OF SCREENING
PROCEDURES FOR COMPLIANCE
MONITORING OF DRINKING WATER
CONTAMINANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(f) SDWA
1401; 42 USC 300(g)(D SDWA 1412; 42
USC 300(j)(4) SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: The 1996 Safe Drinking
Water Act (SDWA) Amendments
require EPA to review new analytical
methods that may be used for regulated
contaminants screening or analysis,
including screening methods. After this
review, EPA may approve such
methods that are deemed more accurate
or cost-effective than established
reference methods for use in
compliance monitoring or the
monitoring of unregulated
contaminants. In this advanced notice
of proposed rulemaking, EPA
announces its intention to integrate the
use of screening methods in the overall
scheme of drinking water compliance
monitoring. Efforts will be made to
keep the proposal consistent with the
Office of Water plan for Performance
Based Methods (PBMS). EPA will
identify regulated contaminates, types
of monitoring and specific areas within
each monitoring framework which are
amenable to the use of screening
methods. A logical application of
screening procedures would be in a
tiered monitoring mode where Tier 1
(screening phase) would identify the
principal problem areas while Tier 2
would use sampling and analysis to
more carefully identify and quantify
specific contaminants. EPA would
identify specific screening methods
which are available for use based on
their performance characteristics,
tolerance to sample interferences,
validation for drinking water analysis
and correlation of results with
traditional instrumental methods. The
use of screening methods is expected
to make drinking water compliance
monitoring cheaper and faster, and
provide flexibility to the Public Water
Systems in the choice of analytical
methods. Laboratory acceptance limits
and other method performance
requirements that were specified under
previous rules will not be changed in
this rulemaking. The final action would
only add new analytical methods
and/or analytical approaches and
would not withdraw or modify
previously approved methods.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
Final Action
12/00/00
10/00/01
10/00/02
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. 4212
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dr. Richard Reding,
Environmental Protection Agency,
Water, U.S. EPA Facilities, Cincinnati,
OH 45268
Phone: 513 569-7961
Email: reding.richard@epa.gov
Dr. Jitendra Saxena, Environmental
Protection Agency, Water, 4603,
Washington, DC 20460
Phone: 202 260-9579
Email: saxena.jitendra@epa.gov
RIN: 2040-AD31
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74628 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Prerule Stage
3888. • DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300(f) et seq
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
August 6, 2001, Final Regulatory
Determination.
Abstract: The 1996 amendments to the
Safe Drinking Water Act (SDWA)
requires EPA to publish a list of non-
regulated contaminants every five
years, which may warrant regulation
due to their health effects and their
potential for occurrence in public water
systems (PWSs). The first list, called
the Contaminant Candidate List (CCL),
was published in the Federal Register
on March 2, 1998 (63 FR 10274). When
establishing the 1998 CCL, EPA divided
the contaminants among three main
categories: 1) contaminants which are
priorities for additional research; 2)
contaminants which need additional
occurrence data; and 3) contaminants
which are priorities for consideration
for rulemaking. These contaminants are
collectively referred to as the
Regulatory Determination Priority
contaminants.
In addition to publishing the drinking
water CCL, the SDWA also requires the
Agency to select five or more
contaminants from the CCL and
determine, by August 2001, whether to
regulate these contaminants with a
National Primary Drinking Water
Regulation (NPDWR). The Regulatory
Determination Priority category is the
list of contaminants from which the
Agency will determine whether or not
regulations are necessary. There are
currently 12 contaminants on the 1998
CCL that have been characterized as
having sufficient scientific information
to make regulatory determinations by
August 2001: Acanthamoeba; Aldrin;
Boron; 1,3-dichloropropene; Dieldrin;
Hexachlorobutadiene; Manganese;
Metolachlor; Metribuzin; Napthalene;
Sodium; and Sulfate.
In order make a decision whether or
not to develop a 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 a NPDWR; (2)
develop guidance (e.g., Health or
Consumer Advisory); or (3) determine
no regulatory action is necessary.
Once a regulatory decision is made, the
contaminant is removed from the CCL.
Timetable:
Action
Date FR Cite
ANPRM 01/00/01
Notice of Final 09/00/01
Regulatory
Determinations
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4447
SDWA requires a final determination of
whether or not NPDWR(s) are necessary
for no less than 5 contaminants on the
CCL.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-0720
Fax: 202 260-3762
Email: wirth.karen@epa.gov
RIN: 2040-AD61
3889. • 6-YEAR REVIEW OF EXISTING
NATIONAL PRIMARY DRINKING
WATER REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
August 6, 2000, Complete review for
contaminants with NPDWRs
promulgated prior to August 1996.
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to review and
revise, if appropriate, all National
Primary Drinking Water Regulations
(NPDWRs) no less frequently than once
every six years. According to SDWA,
any revisions of drinking water
regulations must maintain, or increase,
the level of public health protection
provided; however, EPA may identify
regulatory changes that will streamline
or reduce existing requirements without
lessening the level of public health
protection. As a part of this action, EPA
will do two things: (1) develop an
overall protocol for conducting each six
year review; and (2) review the
chemical contaminants (with the
exception of arsenic which is being
revised and atrazine and copper which
are being reviewed on accelerated
schedules). No new requirements will
be imposed by this action. The purpose
of the review is to determine whether
new data, technology, or other factors
exist that justify revisions to existing
NPDWRs. The outcome of each review
will be a Federal Register notice
making available the results of the
Agency's review and a rulemaking
schedule for the regulations the Agency
intends to revise. EPA may decide that
any of the following need to be revised:
maximum contaminant level goals,
maximum contaminant levels,
analytical methods, monitoring,
treatment, recordkeeping and reporting
requirements. EPA plans extensive
stakeholder outreach and consultation
in the development of the protocol and
throughout the review process.
Timetable:
Action
Date
FR Cite
ANPRM 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 4424
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Judy Lebowich,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7595
Fax: 202 260-3762
Email: lebowich.judy@epa.gov
Marc Parrotta, Environmental
Protection Agency, Water, 4607
Phone: 202 260-3035
Fax: 202 260-3762
Email: parrotta.marc@epa.gov
RIN: 2040-AD67
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74629
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3890. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA promulgated MCLs for
aldicarb, aldicarb sulfoxide, and
aldicarb sulfone in the Phase II
rulemaking in 1991 at levels of 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. EPA will
then make a determination of what
further action is appropriate.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
08/00/01
08/00/02
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: Evelyn Washington,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-3029
Fax: 202 260-3762
Email: washington.evelyn@epa.gov
RIN: 2040-AC13
3891. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG-TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Regulatory Plan: This entry is Seq. No.
127 in Part II of this issue of the
Federal Register.
RIN: 2040-AD37
3892. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTANTS/DISINFECTION
BYPRODUCTS RULE
Regulatory Plan: This entry is Seq. No.
128 in Part II of this issue of the
Federal Register.
RIN: 2040-AD38
3893. REGULATED DRINKING WATER
CONTAMINANT OCCURRENCE
REPORTING
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f; 42 USC
300g-l to 42 USC 300g-6; 42 USC 300j-
4; 42 USC 300J-9; 42 USC 300J-11
CFR Citation: 40 CFR 142.15
Legal Deadline: None
Abstract: The Office of Water will
revise the National Primary Drinking
Water Regulations to require public
water systems and States to report
regulated drinking water contaminant
occurrence level data to EPA. At
present, States only report violation
data for the purpose of compliance
tracking, as concentrations that exceed
the Maximum Contaminant Level. The
data will be compared to health effects
levels and used to compare occurrence
frequency with monitoring
requirements. The results of these
analysis may be used to modify existing
regulations during the statutory
required 6 year regulatory review cycle.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/01
11/00/02
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. 4369
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Charles Job,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-7084
Email: job.charles@epa.gov
RIN: 2040-AD48
3894. NATIONAL SECONDARY
DRINKING WATER REGULATIONS:
METHYL TERTIARY BUTYL ETHER
(MTBE)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is an automobile fuel additive,
introduced in the late 1970s during
lead phase-out as an octane enhancer.
It has been used in increasing quantity
in the 1990s to meet the requirements
of the federal Reformulated Gasoline
(RFC) and Oxyfuels programs required
by the Clean Air Act Amendments of
1990. However, MTBE has been
detected in groundwater 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. This
provides a challenge to water suppliers,
because contaminated drinking water
can be unacceptable to the public. In
this action, EPA is proposing a
secondary standard for MTBE, which
will provide control levels for taste and
odor acceptability and protect the
public welfare.
EPA is developing a secondary
standard because we currently do not
have enough information to meet
SDWA's requirements for promulgating
a primary health-based standard.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/01
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4404
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Rachel Sakata,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2527
Fax: 202 260-3762
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74630 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Email: sakata.rachel@epa.gov
RIN: 2040-AD54
3895. • UNDERGROUND INJECTION
CONTROL CLASS V PHASE 2
REVISIONS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300(h); SDWA
sec 1421 to 1425
CFR Citation: 40 CFR 144 to 147
Legal Deadline: NPRM, Judicial, April
30, 2001.
Final, Judicial, May 31, 2002.
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to protect current
and future underground sources of
drinking water (USDWs) from the
endangerment posed by Class V
underground injection control (UIC)
wells. Class V UIC wells are typically
shallow waste disposal systems that are
diverse in purpose, design, geographic
distribution, the nature of the fluids
injected, and endangerment potential.
In accordance with the judicial
deadlines in a consent agreement, EPA
finalized specific regulations addressing
two types of high-risk UIC Class V
injection wells (motor vehicle waste
disposal wells and large-capacity
cesspools) in December 1999. That
regulatory action is informally referred
to as the UIC Class V Phase 1 Rule.
Also, in accordance with the consent
agreement, EPA must evaluate all other
Class V well types and determine if
additional specific requirements are
necessary to protect USDWs and if so,
finalize the appropriate requirements.
The upcoming regulatory action is
referred to as the UIC Class V Phase
2 Rulemaking. The UIC Class V Phase
2 Rulemaking will address
approximately 20 types of Class V
injection wells. Examples of .wells to
be addressed in the UIC Class V Phase
2 rulemaking include, storm water
drainage wells, large capacity septic
systems, agricultural drainage wells,
and industrial waste disposal wells.
EPA is currently determining the risks
these wells pose to USDWs and
reviewing options to address these
risks. Options under consideration
range broadly, and include both
traditional and nontraditional
management approaches. The Agency
has already published two proposed
rulemakings relating to Class V
injection wells—one in August 1995
and another in December 1998.
Depending on the final approach
selected to address the risks posed by
the Class V Phase 2 wells, it may be
possible to advance an option
presented in one of those proposals and
finalize a UIC Class V Phase 2 Rule
without publishing a third proposal.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
05/00/01
06/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4451
Agency Contact: Lee Whitehurst,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-5532
Fax: 202 260-0732
Email: whitehurst.lee@epa.gov
Howard Beard, Environmental
Protection Agency, Water, 4606
Phone: 202 260-8796
Fax: 202 260-0732
Email: beard.howard@epa.gov
RIN: 2040-AD63
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
3896. UNREGULATED CONTAMINANT
MONITORING RULE - LIST 2
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f; 42 USC
300g-l to 300g-6; 42 USC 300J-4; 42
USC 300J-9; 42 USC 300J-11
CFR Citation: 40 CFR 141.40
Legal Deadline: None
Abstract: The Office of Water will
revise the National Primary Drinking
Water Regulations for Unregulated
Contaminant Monitoring to require
monitoring for List 2 contaminants for
which analytical methods and sampling
locations must be specified.
Promulgation of these methods and
sampling locations will allow the
unregulated contaminants on List 2 of
the Unregulated Contaminant
Monitoring Regulation (1999) List to be
monitored beginning January 2001,
along with monitoring for List 1
contaminants. Monitoring will be
conducted at approximately 300
randomly selected public water
systems, quarterly for one year
beginning in 2001. Contaminants on
List 2 include: 1,2-diphenylhydrazine;
2-methyl-phenol; 2,4-dichlorophenol;
2,4-dinitrophenol; 2,4,6-
trichlorophenol; Alachlor ESA;
Diazinon; Disulfoton; Diuron; Fonofos;
Linuron; Polonium-210; Prometon;
Terbufos; RDX; and Aeromonas (a
microbiological contaminant). Methods
are currently being developed for these
contaminants. If a method is not ready
at the time this rule is promulgated,
the contaminant may be monitored at
a later date when its method is
available.
Timetable:
Action Date FR Cite
NPRM
Final Action
09/13/00 65 FR 55362
12/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4373
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Charles Job,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-7084
Email: job.charles@epa.gov
Rachel Sakata, Environmental
Protection Agency, Water, 4607,
Washington, DC 20460
Phone: 202 260-2527
Fax: 202 260-3762
Email: sakata.rachel@epa.gov
RIN: 2040-AD58
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74631
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
3897. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Regulatory Plan: This entry is Seq. No.
143 in Part II of this issue of the
Federal Register.
RIN: 2040-AA94
3898. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Regulatory Plan: This entry is Seq. No.
144 in Part II of this issue of the
Federal Register.
RIN: 2040-AA97
3899. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
AND CLARIFICATIONS TO
COMPLIANCE AND NEW SOURCE
CONTAMINANT MONITORING
Regulatory Plan: This entry is Seq. No.
145 in Part n of this issue of the
Federal Register.
RIN: 2040-AB75
3900. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: SULFATE
Priority: Other Significant
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Other, Statutory,
August 6, 2001, Decision whether to
regulate.
Abstract: Sulfate is on the list of 83
contaminants required to be regulated
under the Safe Drinking Water Act
(SDWA) of 1986. The contaminant was
deferred from the Phase V regulation
in order to allow the EPA time to focus
on implementation issues arising from
the proposal concerning the risk of
sulfate in drinking water to specific
subpopulations. Sulfate can cause
diarrhea in infants and in adults not
acclimated to high sulfate-containing
water, such as travelers. Persons who
are acclimated to high sulfate-
containing water suffer no adverse
effects from its consumption. Sulfate
occurs naturally in soil and is also
found in surface water as a result of
acid rain. Sulfate is also used as a
reagent in steel and copper industries
and in the manufacture of copper
sulfate, a fungicide/algicide. An
estimated 2,000 systems—serving a
population of 200,000 residents, 1
million travelers, and 30,000 infants—
are likely to be affected by this
regulation. Most of the affected systems
serve populations of less than 3,000
and are transient systems not in service
year-round. EPA proposed but never
finalized several options for compliance
which would be an alternative to
central treatment and less costly. The
1996 amendments to the SDWA call for
a definitive study to resolve remaining
health risk questions. Thereafter, EPA
is to make a determination whether or
not to regulate sulfate. EPA and the
Centers for Disease Control have
conducted the health risk study for
sulfate. The results of the study will
serve as the basis for the Agency's
determination on whether to regulate
sulfate.
Timetable:
Action
Date FR Cite
NPRM 12/20/94 59 FR 65578
Notice Sulfate Study 02/11/99 64 FR 7028
Final Action - Decision 08/00/01
To Regulate or Not
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3176
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: James Taft,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-5519
Email: taft.james@epa.gov
Irene Dooley, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-9531
Fax: 202 260-3762
Email: dooley.irene@epa.gov
RIN: 2040-AC07
3901. REFORMATTING OF DRINKING
WATER REGULATIONS
Priority: Info./Admin./Other
Reinventing Government: This
rulemaking is part of the Reinventing
Government effort. It will revise text in
the CFR to reduce burden or
duplication, or streamline
requirements.
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: This rule reformats the
current drinking water regulations to
make them easier to understand and
follow. This rule is not intended to
change any of the regulatory
requirements. The rule assists State,
local and tribal governments in that it
makes the rules easier to implement
and thus facilitates their jobs.
Timetable:
Action
Date
FR Cite
Direct Final Rule 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3563
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Evelyn Washington,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-3029
Fax: 202 260-3762
Email: washington.evelyn@epa.gov
RIN: 2040-AC41
3902. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADIUM,
URANIUM, ALPHA, BETA AND
PHOTON EMITTERS
Priority: Other Significant
Legal Authority: 42 USC 300(f) SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Final, Judicial,
November 21, 2000, for Uranium.
Other, Judicial, November 21, 2000, See
additional information.
Abstract: Standards for radium, alpha,
and beta and photon emitters were
promulgated in 1976. They were
included in the list of 83 contaminants
for regulation (because they had MCLs
but not MCLGs), along with uranium
in the 1986 Safe Drinking Water Act
(SDWA) Amendments. Regulations for
uranium, radium 226, radium 228, and
gross alpha and beta particles were
proposed on July 18, 1991. The 1991
proposal was to raise the standard for
radium 226/228 from combined level of
5 pCi/1 to a separate standard of 20
pCi/1, and proposed uranium at 20 ug/1.
Pursuant to court agreement, EPA will
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74632 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Safe Drinking Water Act (SOWA)
Final Rule Stage
take final action on proposed uranium
regulations by November 2000, and
final action on radium, alpha, beta, and
photon emitters or state reasons for not
taking final action by November 2000.
Timetable:
Action
ANPRM
NPRM
NODA
Final Action
Date FR Cite
09/30/86 51 FR 34836
07/18/91 56 FR 33050
04/21/00 65 FR 21576
1 1/00/00
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 3992
"Judicial Other" Deadline Description:
Final or rationale for not taking final
action on Radium, Alpha, Beta and
Photon emitters.
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: William Labiosa,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-4835
Fax: 202 260-3762
Email: labiosa.william@epa.gov
David Huber, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-9566
Fax: 202 260-3762
Email: huber.david@epa.gov
RIN: 2040-AC98
3903. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG-TERM
1 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Other Significant
Legal Authority: SDWA 1412(b)(2)(C)
CFR Citation: 40 CFR 9 (Revision); 40
CFR 141; 40 CFR 142 (Revision)
Legal Deadline: Final, Statutory,
November 30, 2000.
Abstract: The purposes of the Long
Term 1 Enhanced Surface Water
Treatment Rule (LTlESWTR) are to
improve control of microbial pathogens,
specifically the protozoan
Cryptosporidium, in drinking water;
and address risk trade-offs with
disinfection byproducts. The
LTlESWTR builds upon the framework
established for systems serving a
population of 10,000 or more in the
Interim Enhanced Surface Water
Treatment Rule (EESWTR). The
LTlESWTR applies to public water
systems that use surface water or
groundwater under the direct influence
of surface water and serve fewer than
10,000 persons and includes the
following provisions: (1) 2-log removal
of Cryptosporidium; (2) compliance
with specific combined filter fluent
turbidity requirements; (3) continuous
turbidity monitoring for individual
filters with follow-up activities based
on monitoring results; (4) development
of a disinfection profile unless
applicability monitoring at a particular
plant demonstrated TTHM and HAAS
levels less than 0.064 mg/L and 0.048
mg/L respectively; (5) development of
a Giardia inactivation disinfection
benchmark and consultation with the
State before making a significant
change in disinfection practices; (6)
mandatory covers for all newly
constructed finished water reservoirs;
and (7) unfiltered system compliance
with updated watershed control
requirements that add Cryptosporidium
as a pathogen of concern.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/10/00 65 FR 19095
01/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4147
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jeffrey Robichaud,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2568
Fax: 202 401-6135
Email: robichaud.jeffrey@epa.gov
Patricia Hall, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-5750
Fax: 202 401-6135
Email: hall.patricia@epa.gov
RIN: 2040-AD18
3904. REVISION TO THE INTERIM
ENHANCED SURFACE WATER
TREATMENT RULE (IESWTR) AND
THE STAGE 1 DISINFECTANTS AND
DISINFECTION BYPRODUCTS RULE
(DBPR).
Priority: Substantive, Nonsignificant
Legal Authority: 40 USC 300(f)-300(j)
SWDA 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: This action will make minor
revisions to the IESWTR and the DBPR
which were published December 16,
1998. The primary purpose of this Final
Rule is to revise the compliance date
of both rules. A key outcome of this
change will be to shift the monitoring
periods to coincide with standard
quarters, which will facilitate the
implementation of both rules. This
action will also extend the use of new
analytical methods for Total
Trihalomethanes (TTHM), that are
included in these rules, for compliance
with existing drinking water
regulations. The revisions also include
a few minor changes to the regulatory
language which will clarify
interpretation of the regulatory
requirements.
Timetable:
Action
Date
FR Cite
NPRM
Direct Rnal Rule
Direct Final Rule
Withdrawal
Final Action
04/14/00 65 FR 20304
04/14/00 65 FR 20314
06/13/00 65 FR 37052
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4281
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jennifer Melch,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-7035
Fax: 202 401-2345
Email: melch.jennifer@epa.gov
RIN: 2040-AD43
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74633
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
3905. • NATIONAL PRIMARY
DRINKING WATER REGULATIONS:
FILTER BACKWASH RECYCLING
RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-l(b)(14);
SDWA 1412(b)(14)
CFR Citation: 40 CFR 141.76; 40 CFR
142.16
Legal Deadline: Final, Statutory,
August 31, 2000.
Abstract: In 1990, EPA's Science
Advisory Board (SAB), an independent
panel of experts established by
Congress, cited drinking water
contamination as one of the most
important environmental risks and
indicated that disease-causing microbial
contaminants (i.e., bacteria, protozoa,
and viruses) are probably the greatest
remaining health risk management
challenge for drinking water suppliers.
The 1996 Amendments to the Safe
Drinking Water Act reaffirmed this
conclusion by requiring EPA to
promulgate a number of regulations to
address public health concerns
associated with drinking water. One
such requirement (Section 1412(b)(14)
was that EPA promulgates regulations
to "govern" the recycle of filter
backwash within the treatment process
of public utilities.
In developing the Filter Backwash
Recycling Rule (FBRR), EPA analyzed
a variety of issues. The FBRR contains
three major components: (1) recycle
streams must be returned to a location
such that all processes of a system's
conventional or direct nitration are
employed; (2) direct filtration systems
which recycle must report practices to
the State; and (3) conventional filtration
systems which recycle must report
practices to the State.
The FBRR was proposed along with the
Long Term 1 Enhanced Surface Water
Treatment Rule (LTlESWTR) in a
single NPRM and was published in the
Federal Register on April 10, 2000.
Each will be finalized in separate
rulemakings.
Timetable:
Action
NPRM
Final Action
Date FR Cite
04/10/00 65 FR 19045
11/00/00
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4146
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jeffrey Robichaud,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2568
Fax: 202 401-6135
Email: robichaud.jeffrey@epa.gov
Philip Berger, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-7006
Fax: 202 401-6135
Email: berger.philip@epa.gov
RIN: 2040-AD65
3906. UPDATE OF STATE
UNDERGROUND INJECTION
CONTROL PROGRAMS
Priority: Info./Admin./Other
Legal Authority: 42 USC 300h-l SDWA
Section 1422; 42 USC 300h-4 SDWA
Section 1425
CFR Citation: 40 CFR 147 (Revision)
Legal Deadline: None
Abstract: EPA provides a place in its
regulations where all the State UIC
programs are summarized. Included in
this summarization are all the
authorities and regulations used by the
States to implement the UIC program,
as well as all other documents that are
relevant to the program. The primary
reason for this is to provide one place
where all the UIC programs nationwide
are presented. A secondary reason,
more importantly, is to allow EPA to
adopt by reference the States' legal
authorities. By this adoption, EPA can
intervene directly in a State using the
State program authorities. Current
citations to State regulations in 40 CFR
part 147 are out of date for many
States. Therefore, this update is
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.
Timetable:
Action
Date
FR Cite
Direct Final Rule 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4236
Agency Contact: Mario Salazar,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-2363
Fax: 202 260-0732
Email: salazar.mario@epa.gov
Bruce Kobelski, Environmental
Protection Agency, Water, 4606,
Washington, DC 20460
Phone: 202 260-7275
Fax: 260 202-4656
RIN: 2040-AD40
3907. DRINKING WATER STATE
REVOLVING FUND REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300J-12
SDWA 1452 (g)(3)
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: The Safe Drinking Water Act
(SDWA) Amendments of 1996
established a Drinking Water State
Revolving Fund (DWSRF) program to
assist public water systems in financing
the costs of infrastructure needed to
achieve or maintain compliance with
SDWA requirements and to further the
public health objectives of the Act. The
SDWA amendments authorize the
Administrator of the U.S.
Environmental Protection Agency (EPA)
to award capitalization grants to States,
which in turn provide low cost loans
and other types of assistance to eligible
systems. A State determines the portion
of the funds from the capitalization
grant to conduct set-aside activities and
the remaining grant monies are
deposited into the project fund to
finance infrastructure projects. Each
State has considerable flexibility, with
minimum Federal requirements
imposed, to determine the design of its
DWSRF program and to direct funding
toward its most pressing compliance
and public health needs. This
regulation is intended to codify the
DWSRF Final Guidelines published in
February 1997 which explain: what
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74634 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
States must do to receive a DWSRF
capitalization grant; what States may do
with Federal capitalization grant funds;
what States may do with funds the law
intends for activities other than project
construction (set-asides]; and the roles
of both the States and EPA in managing
and administering the program. The
DWSRF program helps to ensure that
the Nation's drinking water supplies
remain safe and affordable, that
drinking water systems that receive
funding are properly operated and
maintained, and that permanent
institutions exist in each State to
provide financial support for drinking
water needs.
Timetable:
Action
Date
FR Cite
Interim Final
Final Action
08/07/00 65 FR 48285
03/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4152
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Kimberley Roy,
Environmental Protection Agency,
Water, 4606, Washington, DC 20460
Phone: 202 260-2794
Fax: 202 401-2345
Email: roy.kimberley@epa.gov
RIN: 2040-AD20
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3908. • REMOVAL OF THE MAXIMUM
CONTAMINANT LEVEL GOAL FOR
CHLOROFORM FROM THE NATIONAL
PRIMARY DRINKING WATER
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f SDWA
sec 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: Final, Judicial, May 30,
2000.
Abstract: In December 1998, EPA
promulgated National Primary Drinking
Water Regulations (NPDWRs) for
disinfectants and disinfection
byproducts (D/DBPs) that included a
Maximum Contaminant Level Goal
(MCLG) of zero for chloroform, a
disinfectant byproduct. The MCGL was
challenged by the Chlorine Chemistry
Council and Chemical Manufacturers
Association. In Chlorine Chemistry
Council and Chemical Manufacturers
Associaion v. EPA, (No. 981627) filed
on March 31, 2000, the Court issued
an order vacating the zero MCLG. This
rule removes the MCLG for chloroform
from the NPDWRs to ensure that the
regulations conform to the Court's
order. No other provision of the D/DBP
regulations is affected.
Timetable:
Action
Date
FR Cite
Final Action
05/30/00 65 FR 34404
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No. 4436
Split from RIN 2040-AB82.
Agency Contact: Manjali Gupta Vlcan,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-1079
RIN: 2040-AD64
3909. PUBLIC WATER SYSTEM
PUBLIC NOTIFICATION REGULATION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141.32; 40 CFR
142.14; 40 CFR 142.15; 40 CFR 142.16;
40 CFR 143.5; 40 CFR 141.201; 40 CFR
141.202; 40 CFR 141.203; 40 CFR
141.204; 40 CFR 141.205; 40 CFR
141.206; 40 CFR 141.207; 40 CFR
141.208; 40 CFR 141.209; 40 CFR
141.210; ...
Completed:
Reason
Date
FR Cite
Final Action 05/04/00 65 FR 25981
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal,
State, Local, Tribal
Agency Contact: Carl Reeverts
Phone: 202 260-7273
Fax: 202 260-4656
Email: reeverts.carl@epa.gov
RIN: 2040-AD06
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Final Rule Stage
3910. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. Coastal Waters. This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the U.S.
The rule may require certain vessels
and waste handling facilities to develop
an operation and maintenance manual
that identifies procedures to prevent,
report, and clean up deposits of waste
into coastal waters. Local governments
and businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. In regards to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Unified Agenda 74635
EPA—Shore Protection Act (SPA)
Final Rule Stage
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
02/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 2820
Agency Contact: James Woodley,
Environmental Protection Agency,
Water, 4504F, Washington, DC 20460
Phone: 202 260-1998
Fax: 202 260-9920
Email: woodley.james@epa.gov
BIN: 2040-AB85
[FR Doc. 00-25803 Filed 11-29-00]
BILLING CODE 656O-60-S
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ENVIRONMENTAL PROTECTION
AGENCY (EPA)
Statement of Regulatory and
Deregulatory Priorities
Meeting the Challenge of the 21st
Century
In the thirty years since the formation
of EPA, the United States has made
steady progress in cleaning up our
water, air, and land. Though serious
challenges remain, a remarkable
national consensus has fueled
continuous efforts throughout our
society to protect the environment
despite the growing stress we have
placed upon it through rapid population
growth and unprecedented economic
expansion. Much of this success is
attributable to the system of Federal and
State regulation that has directed and
coordinated private investment in
pollution control and prevention.
Indeed, EPA is known foremost as a
regulatory agency because of its historic
reliance on this most visible tool, and
the document before you lays out the
key regulatory actions in the coming
year that will address the most
significant environmental problems,
and, in some instances, require
substantial investment.
But while regulation will certainly
remain at the core of American
environmental policy in the foreseeable
future, EPA has learned that we cannot
consider ourselves merely a regulatory
agency if we are to be what the public
expects and requires, the principal
administrator for environmental
protection in our society. Instead, in the
twenty-first century EPA must
increasingly act as an innovator,
educator, and leader in managing a
broad set of new tools - including new
methods to design and administer
regulations - that engage all segments of
our society in enlightened behaviors
that protect the environment while
promoting appropriate economic
growth.
Both the President and Vice President
have called for a government that works
better and costs less, and EPA has been
hard at work to meet that challenge.
Under Administrator Browner, EPA has
been working to make regulations
cheaper, cleaner, and smarter in order to
produce important environmental
improvements at lower cost for the
American people. We have been
enhancing our partnerships with States,
Tribes, and industry to place
decisionmaking responsibility where it
will best balance the twin goals of
national consistency and local
responsiveness. And we have been
expanding the power of individuals to
recognize and respond to environmental
challenges in their own communities.
Cheaper, Cleaner, Smarter Regulation
Because of EPA innovations during
the past decade, the environment is
cleaner - with less pollution of the
Nation's air, water, and land. Some
regulations are cheaper - with lower
costs associated with environmental
protection. Environmental management
is smarter - experimenting with better
means to solve existing and emerging
environmental problems. Improvements
are apparent in regulatory programs
where we've introduced more
flexibility, reduced costs, and made it
easier for businesses to understand and
comply with requirements.
Cleanup of Superfund sites is now
faster, fairer, and less expensive. As a
result of administrative reforms that
began in 1995, the average time and
costs associated with cleanup have
fallen by as much as 20 percent.
Moreover, as much as $1.4 billion has
been saved as a result of actions that
make it possible to select and use the
most efficient remedy for cleanup.
Brownfields - properties that have
been abandoned or neglected because of
real or perceived contamination
problems - are being revitalized and
returned to productive use. Cleanup and
redevelopment are now underway at
more than 300 sites. With seed money
from EPA, communities have leveraged
almost $2 billion in public and private
sector investments, returned hundreds
of properties to productive reuse, and
created more than 6,000 jobs.
EPA is taking aggressive steps to
address remaining threats to public
health and the environment from air
pollution. Recent regulations will
ensure that a new generation of
technology will soon be in place to
control harmful emissions from motor
vehicles and that the low-sulfur fuel
needed to support new clean-air
technology will be readily available.
The Agency has accelerated its action to
promulgate essential, industry-specific
rules to control toxic air pollutants. And
the Administrator has acted to protect
children and asthma patients from the
harmful effects of smog, even as we
argue before the Supreme Court for the
Agency's responsibility to provide even
greater regulatory protection under the
law.
In many respects, new clean air
requirements are more flexible and less
expensive than they would have been
earlier in our history, and they yield
better environmental results. Market-
based trading has been successful in
controlling acid rain: between 1990 and
1998, national sulfur dioxide emissions
fell by more than 4 million tons; rainfall
in the eastern United States is now
about 25 percent less acidic, and some
New England ecosystems show signs of
recovery. Recently, the Chicago Board of
Trade announced the sale of sulfur
dioxide credits had realized $25 million
in proceeds, meaning that companies
purchasing these credits were realizing
impressive savings from the
transactions, even while emissions
contributing to acid rain formation were
being reduced nationally. EPA's acid
rain program has also been successful at
reducing emissions of nitrogen oxide,
the prime ingredient in smog formation.
NOx emissions from electric utilities
affected by the program have dropped
35 percent.
Working to keep up with population
growth and economic expansion means
that we need to constantly adapt our
strategies to achieve needed results.
Despite great progress in controlling
point sources of pollution over thirty
years, more than a third of American
waterways assessed by States are still
too dirty for fishing and swimming.
Runoff from agricultural lands and
urban areas remains the primary source
of the leading pollutants: siltation,
bacteria, the nutrients phosphorus and
nitrogen, and metals. To address this
need, EPA is working to integrate water
quality permitting, monitoring, and
reporting into broader strategies that
focus on individual watersheds, a move
that brings greater efficiency, more
attention to local priorities, and better
understanding of local conditions.
Today, all 50 States, six territories, and
80 tribal governments have completed
comprehensive watershed assessments,
creating the first coordinated overview
of water quality priorities in the
Nation's history.
The way we prepare and implement
new rules may be as important as the
rules themselves. For instance, under
Administrator Browner, EPA has
emphasized the protection of children,
who may frequently be more vulnerable
to environmental contaminants than
their parents, in all our program areas.
In 1998 the Vice President called for a
bold new initiative to assess toxic
characteristics of hundreds of
chemicals, particularly as to their effects
on children. And just recently EPA
completed an agreement with the
manufacturer of Dursban, the most
widely used household pesticide
product in the United States, to
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eliminate it from the market for nearly
all household purposes. The action was
designed in part to significantly reduce
residues of the active ingredient
chlorphyrifos on several foods that
children eat routinely.
EPA has also stepped up its
traditionally aggressive outreach to
small businesses and communities
subject to our rules. The Agency
recognizes that these small entities often
lack the resources or sophistication of
their larger counterparts to comply with
complex and expensive regulations.
EPA routinely considers the potential
impact of its rules on small entities and
seeks to minimize unnecessary burden
on those parties, while still meeting the
requirements of the environmental
statute. Working with the Small
Business Administration and the Office
of Management and Budget, EPA has
conducted more than 20 Small Business
Advocacy Review Panels under the
Regulatory Flexibility Act (RFA). On
those more frequent occasions when the
Panel provision is not invoked, EPA has
still found myriad ways to simplify
rules for small parties.
Related to the effort to write cheaper,
cleaner, smarter rules, is the need to
ensure that people subject to them
understand and carry out their
responsibilities. To that end, EPA is
writing its new regulations in an easy-
to-understand, reader-friendly format
known as Plain Language. New
compliance assistance programs and
incentives complement EPA's
traditionally strong environmental
enforcement. Environmental managers
in different business sectors, local
governments, and Federal agencies can
now find information on environmental
requirements and pollution prevention
by going online to Web-based
compliance assistance centers. During
the past four years, 670 companies have
identified potential environmental
violations at more than 2,700 facilities
- voluntarily - based on EPA's offer to
reduce or eliminate penalties for
facilities that routinely audit their
operations, disclose violations, and
quickly correct problems.
Partnerships for Better Results
EPA has broadened its impact and
effectiveness by working in partnership
with public and private sectors. Today,
more than ever, EPA recognizes that it
must involve everyone - other
government agencies, businesses,
communities, and individuals — to meet
environmental goals.
The National Environmental
Performance Partnership system,
established in 1995, gives States and
EPA a more flexible process for setting
priorities, clarifying responsibilities,
and making the most effective use of
taxpayer dollars. Forty States have
signed partnership agreements, and 44
States have opted to consolidate EPA
grants. In 1997 we reached agreement
with the States on how they can pursue
innovations while maintaining the
nationwide protection provided by
Federal environmental standards. EPA's
partnership with States is rapidly
expanding our national capability to
oversee environmental improvement,
with States taking on an increasing
share of the responsibility for
environmental action. Today, States
have assumed authority for
approximately 70 percent of the EPA
programs eligible for delegation.
Further, States now conduct about 75
percent of all enforcement actions taken
by State and Federal government
combined. The EPA-State partnership
has come of age, with EPA providing
policy and technical leadership, while
States carry out the lion's share of the
daily work of environmental protection.
EPA and business are working better
together based on a growing realization
that environmental and economic
performance can go hand-in-hand.
Today, more than 7,000 organizations
participate in one or more of EPA's
voluntary partnership programs. Along
with significant environmental benefits,
annual savings for participants are
estimated at $3.3 billion. Some of
America's most well known
corporations, along with smaller,
innovative organizations, are using the
flexibility in Project XL to test
alternatives to the current regulatory
system. Under Project XL, which stands
for excellence and Leadership,
businesses enter into a formal agreement
to meet a level of environmental
performance beyond current
requirements in exchange for procedural
flexibility not otherwise available under
rule or permit. Today, 50 projects are
underway, all of which have potential
for more efficient and effective
environmental management.
One example of how Project XL works
is the Final Project Agreement (FPA)
with Lucent Technologies, which will
afford the company substantial permit
flexibility in return for superior
environmental performance and
systematic improvements that may be
applicable elsewhere. This FPA defines
a five-year experiment to test whether,
over time, a high-quality Environmental
Management System (EMS) can generate
a single governing environmental
document for use in the
microelectronics industry that delivers
superior environmental performance,
allows environmental managers and the
public a clearer, better understanding of
the environmental management
program, and achieves a more efficient
interaction with environmental policy
than the traditional environmental
permitting system affords. The FPA
allows Lucent to use its EMS as a
framework for developing specific
proposals to simplify permitting, record
keeping, and reporting requirements,
while driving continual improvement
and pollution-prevention programs. The
FPA provides a "test bed" for the use of
a high-quality EMS for determining and
managing regulatory flexibility while
achieving superior environmental
performance.
Based on these and other partnership
experiences, industry representatives
are now working with EPA to introduce
another innovative program, called the
National Environmental Performance
Track, to encourage, recognize, and
reward environmental stewardship. EPA
has offered to endorse companies which
exceed minimum regulatory
requirements and take extra steps to
reduce and prevent pollution.
Performance Track is intended for top-
performing facilities and companies
with a proven record of regulatory
compliance, an operational
Environmental Management System,
and a demonstrated commitment to
continued environmental improvement
and outreach to the local community
and the public. The program has two
tiers, the first of which is already in
operation. The National Achievement
Track rewards facilities that have a
strong compliance record and have
raised the bar by setting up an
Environmental Management System,
voluntarily reducing pollution, and
making commitments to further
environmental improvement. The
National Environmental Stewardship
track, which is still being developed,
will move the bar even higher with a
corporate commitment for stronger
environmental improvement throughout
its operations. Benefits for participants
include national recognition, regulatory
and administrative flexibility, a more
cooperative relationship with EPA, a
reduction in both record keeping and
reporting requirements, and flexibility
in meeting certain regulatory
requirements.
EPA is providing leadership to help
communities grow and prosper in ways
that preserve environmental quality.
Through involvement in the national
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Smart Growth Network and other
initiatives, we provide technical tools
and information that allow communities
to understand the environmental
consequences of growth. This is critical
assistance at a time when the nation's
forests, crop lands, and other open
spaces are being lost to development at
an alarming rate.
We are working more effectively with
other Federal agencies, pooling our
resources, and making best use of our
respective strengths to address a number
of national priorities, including
protecting children's health. Through a
combined strategy of research, public
education, and regulatory action, we
have made significant strides in
reducing risks for some of society's most
vulnerable populations.
A Stronger Public Role
Well informed citizens who are
actively involved in environmental
decisions are a powerful new force in
achieving environmental results.
Increasingly, Americans are getting
involved in environmental issues, and
it's clear they want a say in decisions
that affect them. But to participate
effectively, they need high-quality
information that they can understand
and use. They need access to decision-
makers and opportunities to express
their views.
Today, EPA is using new technology
to improve the quality of environmental
information and make it easier to obtain.
After just a little over five years of
operation, EPA's site on the World Wide
Web is now receiving over 70 million
hits each month - which involves the
display of over 15 million Web pages -
typically at the request of members of
the public seeking access to a rich
assortment of national and community-
level data and other descriptive
information. We also routinely involve
the public in our work - gathering data,
developing new regulations and
standards, and experimenting with new
ideas.
To meet Clean Air Act deadlines for
developing control standards for 174
categories of toxic air pollution sources,
EPA turned to the industries to be
regulated and other interested parties to
gather data and consider appropriate
action. This move reduced the time and
costs of developing the standards, laying
the groundwork for faster, smoother
implementation. The Common Sense
Initiative was one of our broadest and
most ambitious experiments in public
participation. Representatives from
industry, State and local government,
and citizen-supported environmental
groups came together to identify ways of
making environmental protection more
efficient and effective for all parties. The
experiment resulted in regulatory
changes, greater experience with public
participation processes, and in one
industry - metal finishing - a model for
environmental stewardship that goes far
beyond what is required by law. Sector-
based approaches are now being
considered for other industry groupings.
EPA supported the public's right to
know about environmental conditions
by significantly expanding the national
Toxics Release Inventory. A new rule
described in this Regulatory Plan will
ensure that communities know whether
and how much lead is being released in
their vicinity. Citizens now have more
information about releases of toxic
emissions in their communities, which
provides incentives for facilities to drive
their emissions down. Between 1988
and 1998, at the same time that TRI
required reporting on chemical releases,
national air releases declined by 58
percent, and water releases declined by
73 percent. Over the same period 29
percent less waste was injected
underground nationwide, while
facilities disposed of 24 percent less
waste on-site, and increased off-site
disposal by just a half percent. The
numbers of facilities and kinds of
chemicals subject to TRI have changed
over time, but there can be little doubt
that heightened awareness, by both
industry and the public, of chemicals in
our midst has caused nationwide
releases of reported chemical releases to
decline dramatically since the TRI was
established.
The Challenges Ahead
The actions listed in today's
Regulatory Plan are designed to meet
the environmental problems of today
and tomorrow. They address the
challenge of residual pollution of our
water, air, and land, and the ubiquity of
toxic chemicals in our environment.
They represent part of the foundation of
a new generation of environmental
protection for the people and natural
resources of the United States. EPA will
continue to explore and introduce new
ways of preparing cheaper, cleaner,
smarter regulations, of forming effective
partnerships in a broad, societal effort to
protect ourselves and our children, and
of involving citizens in understanding
and representing their crucial stake in a
clean environment in their own
communities.
Highlights of EPA's Regulatory Plan for
2000
EPA's regulatory plan for 2000 reflects
the Agency's continuing commitment to
create new environmental protection
strategies that better protect public
health and the environment at lower
cost.
Here are highlights of our upcoming
rules:
Office of Air and Radiation Highlights
One of the most significant recent
events for the Office of Air and
Radiation (OAR) was an adverse court
decision regarding EPA's air quality
standards. As summarized below, EPA
is appealing this decision, and is re-
evaluating its implementation program
while it awaits legal resolution of this
situation. Meanwhile, EPA remains
committed to taking advantage of the
flexibility granted by the Clean Air Act
that enables companies, States, and
communities to meet clean air goals
with low-cost approaches. The
following paragraphs summarize the
most significant of OAR's activities.
• In 1997, EPA established new, more
stringent air quality standards for
ozone and particulate matter based on
new scientific and technical
information. The new standards were
designed to offer increased protection
for public health and the
environment, and EPA began
pursuing a commonsense
implementation strategy that would
give States and industry flexibility
with which they can meet these air
quality goals. However, on May 14,
1999, a three-judge panel of the D.C.
Circuit found that the Clean Air Act
provision authorizing the new
standards is unconstitutional as EPA
applied it. This decision did not call
into question the scientific basis for
the new standards, only the procedure
by which they were established. EPA
has appealed this decision and
intends to vigorously defend the
standards in court. However, until the
matter is resolved in court, EPA must
defer to the panel's decision, and is
re-evaluating this implementation
strategy to decide which parts of it
can continue and which parts must be
put on hold during the litigation.
• To address the problem of ozone and
nitrogen oxides (NOx) pollution
blowing across State boundaries and
interfering with clean-air attainment
in other States, EPA is implementing
a program of regional NOx control.
Reductions from this program are
scheduled to begin in May of 2003.
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To achieve further emission
reductions mandated by the Clean Air
Act, EPA is developing new standards
for diesel engines. EPA has also
proposed limitations on the sulfur
content of diesel fuel available
nationwide. Sulfur in diesel fuel has
a detrimental impact on catalyst
performance and could be a limiting
factor in the introduction of advanced
technologies on diesel engines.
In accordance with Section 801 of the
Energy Policy Act of 1992, EPA is
developing health and safety
standards for protection of the public
from releases from radioactive
materials stored or disposed of by the
Department of Energy in the nuclear
waste repository being constructed at
Yucca Mountain in Nevada.
The Agency has proposed changes to
simplify and streamline the New
Source Review Program, which
requires newly built facilities or those
undergoing major modification to
obtain a permit to ensure that
emissions will not cause or contribute
to air pollution problems. A final
rulemaking is expected late in 2000.
EPA, building on successful State
programs, has been working with
stakeholders to develop a more
streamlined way for facilities to get
operating permit updates from State
or local agencies. Depending on the
environmental significance of the
change, States would have greater
flexibility to decide the appropriate
amount of EPA and public review for
most permit revisions.
In August of 1997, EPA completed a
comprehensive revision to streamline
its regulations on transportation
conformity. On March 2,1999, the
U.S. District Court for the District of
Columbia overturned parts of that
1997 revision, including the
provisions governing which projects
can proceed without a conforming
transportation plan and when States
can use State Implementation Plans
that EPA has not approved. The
Administration's initial response to
this court decision was to issue
guidance from EPA and the
Department of Transportation dealing
with the issues in question. EPA is
now developing a rule to respond to
these court decisions that will
formalize this guidance and deal
definitively with all the issues raised
by the court.
To date, our air toxics program has
focused primarily on getting broad
emission reductions from large
industrial sources through
technology-based standards. Since
1990, EPA has issued standards
affecting 77 different industries, such
as petroleum refineries and chemical
manufacturing plans. When fully
implemented, these standards will
reduce more than one million tons of
toxic air emissions per year.
Additionally, through other efforts
such as the phase-out of lead in
gasoline, we have significantly
reduced air toxics from cars and
trucks. We are continuing to set
technology-based standards for large
industries, and will complete more
than 80 additional standards over the
next few years. The rules listed in this
year's Regulatory Plan — covering
industrial boilers,
institutional/commercial boilers,
wood manufacturing, reciprocating
engines, and combustion turbines —
are among the most significant
remaining categories to be regulated
under this program. While working on
these standards, we are beginning to
evaluate those sources with standards
already in place to determine if the
remaining risk from these sources
warrants additional regulation. We are
also implementing our Urban Air
Toxics Strategy, which focuses on 33
air toxics that pose the greatest risk in
the largest number of urban areas and
presents our plan, both nationally and
more locally, to reduce those toxics.
Finally, to better understand and
measure risks from air toxics, we are
also conducting important health
research and improving our emissions
inventories, modeling capability, and
monitoring network.
On May 22,1996, EPA published its
final decision not to revise the
primary sulfur dioxide NAAQS. The
notice stated that EPA would shortly
propose a new implementation
strategy to help States in addressing
short-term peaks of sulfur dioxide.
The new implementation strategy -
the Intervention Level Program - was
proposed on January 2,1997. hi July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals
for the D.C. Circuit for a judicial
review of EPA's decision not to
establish a new 5-minute NAAQS. On
January 30,1998, the court found that
EPA did not adequately explain its
decision and remanded the case so
EPA could explain its rationale more
fully. EPA published a schedule for
responding to the remand in the May
5,1998 Federal Register. Since that
notice, EPA has continued to work on
the proposed response to the remand
by reviewing additional SO2 air
quality information. EPA intends to
publish an informational notice in the
Federal Register by December 2000.
Office of Water Highlights
On August 6,1996, President Clinton
signed the Safe Drinking Water Act
(SDWA) Amendments of 1996 which
laid out requirements to strengthen the
Nation's drinking water program. These
amendments directed EPA to further
improve the quality of drinking water
and protect public health by requiring
the following actions:
• On November 2,1999, EPA published
the proposed National Primary
Drinking Water Regulation (NPDWR)
for Radon that will reduce exposure to
radon in homes. The regulation
recognizes that the public health
problem from radon in indoor air
typically far exceeds the health risks
of breathing radon released to the air
from showers, sinks, or drinking
water. The rule, therefore, lays out a
unique framework that allows States
and/or systems to adopt multimedia
programs which reduce radon risks
from indoor ah- and drinking water in
combination. States and systems that
choose this option will focus risk
reduction on the greatest threat
(indoor air), while spending much
less money to comply with these rules
than if they focused on drinking water
alone.
• On May 10, 2000, EPA published the
NPDWR for Ground Water that sets in
place an increasingly targeted strategy
to identify ground water systems that
are vulnerable to microbial
contamination. The multiple barrier
approach, of this rule relies on 5
major components (inspections,
source water monitoring, corrective
action, treatment, and compliance
monitoring) which, in combination,
EPA believes strikes an appropriate
balance between the intensity or
burden of protective measures against
microbial contamination and follow-
up action to the risk being addressed.
• One June 22, 2000, EPA published the
NPDWR for Arsenic which is another
rule mandated by the 1996 SDWA
Amendments. This rule will establish
an enforceable maximum contaminant
level (MCL) as close to the health
based maximum level contaminant
level goal as possible. Presently, the
arsenic standard is 50 ug/1. The
National Academy of Science,
however, issued a report in March
1999 that urged EPA to lower the
drinking water standard, based on
conclusive evidence that inorganic
arsenic causes bladder, lung and skin
cancer in humans. EPA proposed an
MCL of 5 ug/L for arsenic and
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requested comment on MCL options
of 3,10, and 20 ug/L. EPA will
consider comments received on the
proposal and any additional data that
may become available in order to
decide what that appropriate level is,
balancing health risk reduction
benefits and the costs.
• EPA is also required to publish a
Stage 2 Disinfectants/Disinfection
Byproducts Rule which will reduce
the potential health risks posed by
disinfection byproducts (DBFs). The
regulation, along with the Long Term
2 Enhanced Surface Water Treatment
Rule (LT2ESWTR), is intended to
expand existing public health
protections and address concerns
about risk trade-offs between
pathogens and disinfection
byproducts. Although the LT2ESWTR
is not required, publishing these two
rules together will help to ensure that
drinking water utilities do not
compromise adequate microbial
protection while they take steps to
control DBFs. In addition, the
LT2ESWTR will develop monitoring
requirements to identify systems at
high risk for the pathogen
Cryptosporidium (which is highly
resistant to disinfection) and prescribe
an appropriate level of additional
treatment.
The Clean Water Act (CWA) requires
EPA to establish effluent limitations
guidelines and standards to regulate the
quality of point source discharges.
Pollution from concentrated animal
feeding operations (CAFOs) potentially
can reach waters of the United States
through discharges from waste storage
and animal confinement areas and from
areas where waste is applied to the land
as a nutrient or soil amendment. The
potential for polluted discharges from
these areas is especially high during
periods of heavy rain when waste
storage and disposal systems and the
soil's assimilation capacity are likely to
be overwhelmed. Discharges from
CAFOs can lead to degradation of
surface waters due to the addition of
nutrients, metals, salts, BOD, various
pathogens and other pollutants.
Currently, certain CAFOs are
regulated through permits issued under
the National Pollutant Discharge
Elimination System (NPDES). These
permits specify appropriate discharge
standards based on either promulgated
effluent limitations guidelines and/or
permit writers' best professional
judgment. EPA promulgated the
regulations describing the NPDES
regulatory process for CAFOs in 1976. It
also promulgated effluent limitation
guidelines applicable to feedlots in 1974
and 1975.
EPA is reexamining and plans to
revise the existing NPDES and effluent
guideline regulations related to CAFOs
due to changes within the animal
agriculture industry since the rules were
promulgated in the 1970s; new animal
and waste management techniques;
improved understanding of the water
quality impacts associated with CAFO
waste management; and issues
associated with implementing the
existing regulations. The types of
changes that are being considered, but
may not necessarily be adopted, include
requirements to develop and implement
nutrient management plans;
requirements regarding land application
of manure; requirements regarding
treatment of manure, litter and
wastewater to reduce manure
constituent concentrations; installation
of controls to contain animal waste; Best
Management Practices; additional
sampling and monitoring, reporting and
recordkeeping; and revising the
regulatory scope.
Office of Prevention, Pesticides, and
Toxic Substances
• The Food Quality Protection Act
(FQPA) overhauled U.S. pesticides
laws, enhancing protections related to
pesticide residues in food by
requiring aggregate and cumulative
risk assessments, with a special
emphasis on children and infants.
EPA currently has underway the
Pesticide Tolerance Reassessment
Program, a ten year program to
reevaluate the safety of all pesticide
residues in food. Under this program,
EPA has now completed reassessment
of the first third of the pesticide
residues hi foods. Implementation of
the Food Quality Protection Act has
required an increase of the FIFRA
Scientific Advisory Panel
(FIFRA/SAP) activities. Significant
risk assessment methodology issues
continue to be addressed by the
FIFRA/SAP. Methodology issues
addressed by the FIFRA/SAP include
drinking water assessment
methodologies, approaches for
conducting cumulative and aggregate
risk assessments, use of lOx safety
factors, and guidelines for assessing
protein plant pesticides. The
FIFRA/SAP also jointly sponsored
with the Science Advisory Board
several meetings on ethical
considerations of the testing of human
subjects.
• Because of the potentially serious
consequences of human exposure to
endocrine disrupting chemicals,
Congress included specific language
on endocrine disruption in the Food
Quality Protection Act and amended
Safe Drinking Water Act in 1996,
mandating EPA to develop an
endocrine disrupter screening
program and to screen endocrine
disrupters found in drinking water
sources. A variety of chemicals are
known to disrupt the endocrine
systems of animals in laboratory
studies, and compelling evidence has
accumulated that endocrine systems
of certain fish and wildlife have been
affected by chemical contaminants,
resulting in developmental
abnormalities and reproductive
impairment. The Endocrine Disruptor
Screening Program focuses on
providing methods and procedures to
detect and characterize endocrine
activity of pesticides, commercial
chemicals, and environmental
contaminants. While we do have
extensive data - including some
endocrine-related data - on
pesticides, there currently is not
enough scientific data available on
most of the estimated 87,000
chemicals in commerce to allow us to
evaluate all potential risks. The
Endocrine Disruptor Screening
Program will enable EPA to gather the
information necessary to identify
endocrine disrupters and take
appropriate regulatory action. The
Agency has established an Endocrine
Disruptor Screening and Testing
Program based on the
recommendations of the advisory
committee established by EPA to
consider human health and ecological
effects; and hormonal effects of
pesticides, industrial chemicals and
drinking water contaminants.
• In April 1998, a national initiative,
known as the Chemical Right-To-
Know (ChemRTK) Program, 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. EPA's ChemRTK Program is
being designed in such a way as to
make certain basic information about
HPV chemicals available to the
public. A major component of the
Agency's ChemRTK activity is the
HPV Initiative, which is a data
collection and development program
established by OPPTS for existing
U.S. HPV chemicals. Under this
Initiative, HPV chemicals are defined
as organic chemicals manufactured
(including imported) at or above 1
million pounds per year based on
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73458 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
information submitted under the 1990
TSCA Inventory Update Rule.
Through the HPV Initiative, which
includes a voluntary component (the
HPV Challenge Program), certain
international efforts, and rulemaking
under TSCA such as this proposed
rule, basic screening level hazard data
necessary to provide critical
information about the environmental
fate and potential hazards associated
with HPV chemicals will be collected
or, where necessary, developed. Data
collected and/or developed under the
HPV Initiative will provide critical
basic information about the
environmental fate and potential
hazards associated with these
chemicals which, when combined
with information about exposure and
uses, will allow the Agency and
others to evaluate and prioritize
potential health and environmental
effects and take appropriate follow up
action.
With almost a million children under
5 years of age with blood-lead levels
exceeding lie Center for Disease
Control's level of concern (10 ug/dl),
reducing the opportunities for
childhood lead poisoning resulting
from activities associated with lead-
based paint activities continues to be
a priority for the Agency. Elevated
blood-lead levels can lead to reduced
intelligence and neuro-behavioral
problems in young children, and can
cause other health problems in
children and adults. EPA is working
on a final regulation to replace the
existing interim guidance that
identifies lead-based paint, lead-
contaminated dust, and lead-
contaminated soil hazards. EPA is
considering proposed approaches to
address lead risks associated with
renovation and remodeling activities.
To help reduce the costs related to the
abatement of lead-based paint
hazards, EPA is working on final rules
which would address the disposal of
lead-based paint debris.
EPA expects to finalize a rule which
would require EPA-approved
Pesticide Management Plans (PMPs)
for certain pesticides that have a high
groundwater contamination potential.
Through a PMP, a State or tribe may
commit to both EPA and the public
that they will manage the use of a
particular pesticide in a way that
avoids unreasonable risks to
groundwater that would otherwise
warrant the cancellation of the use of
that particular pesticide. The PMP
program was developed in
partnership with State and tribal
representatives.
Office of Environmental Information
Highlights
• The Chemical Right-to-Know
Initiative, which was announced by
the Vice President in April 1998,
included a directive to the Agency to
list and lower the reporting thresholds
for persistent, bioaccumulative, toxic
(PBT) chemicals reported under
section 313 of the Emergency
Planning and Community Right-to-
Know Act (EPCRA). This information
will better enable communities to
understand the nature of toxic
releases and potential risks at the
local level, as well as establish local
priorities. EPCRA section 313
currently requires reporting from
facilities which manufacture or
process at least 25,000 pounds of a
listed chemical, or otherwise use
10,000 pounds of a listed chemical.
These thresholds were initially
established under the Emergency
Planning and Community Right-To-
Know Act (EPCRA) section 313(f)(l).
Section 313(f)(2) of EPCRA gives the
Administrator the power to establish
a threshold amount for a toxic
chemical different from the amount
established by paragraph(l) and that
such altered thresholds may be based
on classes of chemicals. Since PBT
chemicals persist in the environment
and accumulate organisms, even
small releases of PBT chemicals are of
concern. Therefore, lower EPCRA
section 313 reporting thresholds are
appropriate for PBT chemicals
• In accord with the Vice President's
directive, EPA has set out the criteria
that will be used for determining if a
chemical is persistent and
bioaccumulative under EPCRA
section 313 and has lowered the
EPCRA section 313 reporting
thresholds for certain PBT chemicals
(64 FR 58666, October of 1999). EPA
has also conducted an analysis to
determine if lead and lead
compounds meet the criteria for
persistence and bioaccumulation and
whether the EPCRA section 313
reporting thresholds should be
lowered. On August 3,1999 (64 FR
42222), EPA issued a proposed rule to
lower the EPCRA.
• EPA is considering a proposal to
address electronic reporting and
record-keeping by regulated
companies under all of EPA's
environmental programs - air, water,
hazardous waste, toxic substances,
pesticides and emergency response.
The Cross-Media Electronic Reporting
and Record-keeping Rule
(CROMERRR) would remove existing
regulatory obstacles to electronic
reporting or record-keeping under any
of our programs, and it would set
requirements for companies choosing
to report and/or keep records
electronically. In addition, the rule
would set the conditions for allowing
electronic reporting or record-keeping
under State, tribal or local
environmental programs that operate
under EPA authorization or
delegation.
Office of Solid Waste and Emergency
Response Highlights
The Office of Solid Waste and
Emergency Response (OSWER) is
planning a number of actions to
streamline, simplify, and ensure
compliance under the Resource
Conservation and Recovery Act (RCRA),
the Federal law governing hazardous
waste management. As part of its effort
to refocus hazardous waste regulation
on high-risk wastes, EPA is undertaking
a number of actions to tailor standards
to the nature or degree of risk posed by
particular wastes.
• EPA is streamlining the regulation of
listed hazardous wastes. Certain
regulations are overly broad in that
they apply regardless of the
concentrations of the listed wastes. As
a result, they regulate certain low-risk
wastes (in particular, treatment
residuals) as if they posed high risk.
EPA's common-sense approach would
exempt these low-risk wastes from the
full management requirements
designed for high-risk hazardous
wastes.
• The Agency is considering revisions
to the RCRA Hazardous Waste
Manifest system to reduce the
paperwork burden associated with the
manifest. The chief goal of the
manifest system is to facilitate the safe
transportation of hazardous waste
shipments to appropriate RCRA
management facilities. Reduction in
paperwork burden is part of the
Administration's Regulatory
Reinvention goal of cutting
Government red tape. The Agency
wants to standardize the manifest
program across the states by
introducing a truly uniform manifest
tracking form that can be completed
either manually or electronically.
• Radioactive wastes that are also
hazardous wastes under RCRA are
mixed wastes. The Agency is seeking
to provide increased flexibility to
facilities that manage low-level mixed
waste (LLMW) and naturally
occurring and/or accelerator-
produced Radioactive Material
(NARM) mixed with hazardous waste.
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EPA is trying to reduce dual
regulation of LLMW, which is subject
to the Resource Conservation and
Recovery Act (RCRA) and to the
Atomic Energy Act (AEA). On
November 19,1999, EPA published a
proposed rule that would lower cost
and reduce paperwork burden, while
improving or maintaining protection
of human health (including worker
exposure to radiation) and the
environment. The Agency is seeking
to allow on-site storage and treatment
of these wastes at the generator's site.
The use of tanks/containers to
solidify, neutralize, or otherwise
stabilize the waste would be required
and would apply only to generators of
low-level mixed waste who are
licensed by the Nuclear Regulatory
Commission (NRC) or an Agreement
State. The Agency is also seeking to
exempt LLMW and hazardous NARM
waste from RCRA manifest,
transportation, and disposal
requirements when certain conditions
are met. Under this conditional
exemption, generators and treaters
must still comply with manifest,
transport, and disposal requirements
under the NRC (or NRC-Agreement
State) regulations for these types of
wastes.
• Over the past several years, the
Agency has worked with stakeholders
from state agencies, industry, and the
environmental community to develop
recommendations to improve the
Agency's permitting programs. These
stakeholders concluded that
permitting activities should be
commensurate with the complexity of
the activity and that permit programs
should be flexible enough to allow
streamlined procedures for routine
permitting activities. The stakeholders
recommended that regulations be
developed to allow standardized
permits for on-site storage and non-
thermal treatment of hazardous waste
in tanks, containers, and containment
buildings. As a result of this
recommendation, the Agency is
considering revisions to the RCRA
regulations to allow this type of
permit.
• On April 25, 2000, EPA issued a
regulatory determination to retain an
exemption from hazardous waste
management for fossil fuel
combustion wastes. The utility
industry has made significant
improvements in its waste
management practices over recent
years, and most State regulatory
programs are similarly improving.
Nevertheless, coal combustion wastes
could pose 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, while
most States can now require newer
waste management units that accept
coal combustion wastes to include
liners and groundwater monitoring,
62 percent of existing utility surface
impoundments (a type of waste
management unit) do not have
groundwater monitoring. EPA
acknowledges that some waste
management units may not warrant
liners, depending on site-specific
characteristics. To address those
circumstances that warrant further
environmental controls, the Agency is
looking into developing and issuing
appropriate RCRA subtitle D
standards for the management of coal
combustion wastes in landfills and
surface impoundments that are
generated by the electric power
producers, including electric utilities
and independent power producers.
Office of Administration and Resources
Management Highlights
In 1995, EPA and the States agreed to
develop and carry out the National
Environmental Performance Partnership
System (NEPPS) to: Promote joint
planning and priority setting by EPA
and the States; give States greater
flexibility to direct resources where they
need them most; foster use of integrated
and innovative strategies for solving
water, air, and waste problems; achieve
a better balance in the use of
environmental indicators and
traditional activity measures for
managing programs; and improve public
understanding of environmental
conditions and the strategies being used
to address them.
EPA is announcing its intent to
publish two new subparts under 40 CFR
part 35. The first subpart governs
Environmental Program Grants to States,
Interstate, and Local Agencies (40 CFR
35, subpart A) and includes rules
applicable to the Performance
Partnership Grant (PPG) program. The
second subpart contains Tribal-specific
provisions for environmental program
grants and a new Performance
Partnership Grant (PPG) program for
Tribes and Intertribal Consortia (40 CFR
35, subpart B). Under the PPG program,
eligible applicants can combine
environmental program grants into a
single grant in order to improve
environmental performance, increase
programmatic flexibility, and achieve
administrative savings. The proposed
rules were published in the Federal
Register on July 23,1999. The Agency
anticipates that the regulations will be
made final in January 2001.
Office of Policy, Economics, and
Innovations Highlights
The National Environmental
Performance Track Program is being
implemented initially with the
Achievement Track program. In order to
attract a large number of higher-
performing facilities from various
industry sectors, EPA has designed a
variety of incentives. These include
actions which recognize and highlight
the achievements of the facilities that
successfully fulfill the requirements for
entry, but also include other incentives.
Some of those incentives are being
implemented by administrative actions,
but others will require changes in
existing Federal regulations. OPEI has
convened an Agency work group to
develop the rulemaking changes
required. One part of this is changes in
the regulations specifying reporting by
facilities covered by the MACT
provisions of the Clean Air Act.
Facilities meeting the criteria for
membership in Achievement Track
would be eligible for reduced reporting
and some other provisions, and facilities
that more than meet goals for emissions
reductions under MACT via pollution
prevention means would qualify for
some additional reduced reporting. A
second part of the rulemaking will be
reductions in reporting requirements for
publicly owned treatment works
(POTWs), under the Clean Water Act. A
third would allow POTWs to notify the
public of any violations of permits by
the indirect dischargers using the
POTWs' services by placing notices on
the internet (rather than using paid
newspaper advertisements). The last
part of the rulemaking would be a pilot
test of consolidated reporting (an idea
explored extensively in the past several
years). This is likely to begin with one
or two industry sectors, and to be
modeled on pilot efforts explored in
EPA's Common Sense Initiative, and is
likely to roll various periodic reports
required under CAA, CWA, RCRA, and
other statutes into one report,
eliminating duplicate reporting and
other difficulties. If this test is
successful, EPA will consider widening
the applicability to Achievement Track
facilities in other industry sectors.
Summary
In developing all of these actions,
EPA is committed to flexible, cost-
effective regulatory programs that offer
increased protections for public health
and the environment. EPA welcomes
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suggestions from the public to help the
Agency in this effort.
EPA
PRERULE STAGE
108. CHEMICAL RIGHT-TO-KNOW
INITIATIVE - HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority:
Other Significant
Legal Authority:
15 USC 4 TSCA; 15 USC 8 TSCA; 42
USC 313 TRI; 7 USC 136 FIFRA
CFR Citation:
40 CFR 700 et seq
Legal Deadline:
Other, Judicial, December 31, 1999,
Final Actions must be completed by
12/31/99.
Abstract:
The Chemical RTK Initiative was
announced by the Vice President on
EPA's Earth Day 1998 in response to
the finding that most commercial
chemicals have very little, if any,
publicly available toxicity information
on which to make sound judgments
about potential risks. There are three
key components to this initiative, each
of which is being implemented by EPA.
These are: collecting and making public
screening level toxicity data for 2,800
widely used commercial chemicals;
additional health effects testing for
chemicals to which children are
substantially exposed; and the listing
and lowering of thresholds for
persistent, bioaccumulative, toxic
chemicals reported to TRI. This
initiative will involve several separate
activities, with any regulatory related
actions included as separate entries in
the regulatory agenda.
Statement of Need:
The Chemical Right-to-Know Initiative
grew out of the finding of an EPA study
that there is very little basic publicly
available information on the health and
environmental effects of even the most
widely used commercial chemicals.
Less than 7 percent of the 2,800 high
production volume chemicals have a
full set of baseline testing information
readily available, while almost 50
percent have no public information
whatsoever. The Chemical Right-to-
Know Initiative is designed to close
these information gaps, and to make
both new and existing information
available to the public.
Summary of Legal Basis:
To the extent that rulemaking is
required to implement the Chemical
Right-to-Know Initiative, EPA will
utilize the testing authorities available
under TSCA and the chemical reporting
authorities of EPCRA section 313 (the
Toxics Release Inventory).
Alternatives:
The Chemical Right-to-Know Initiative
will rely on a combination of
partnership programs and rulewriting
to accomplish its goals. For instance,
an HPV Challenge Program will ask
industry to voluntarily provide both
new and existing data on high
production volume chemicals, while an
HPV test rule would require testing of
specific HPV chemicals of concern.
Anticipated Cost and Benefits:
The benefits of the Chemical Right-to-
Know Initiative are substantial, as no
one in the environmental community
— whether in industry, government or
the public — can make reasoned risk
management decisions in the absence
of reliable health and environmental
information. The cost of baseline
testing is well established, and runs
about $200,000 per chemical for a full
set of tests, for those chemicals on
which data do not already exist. More
detailed testing, as envisioned for the
Children's Health testing portion of this
initiative, may be more expensive, but
has not yet been costed out.
Risks:
None.
Timetable:
Action
Date FR Cite
Notice-HPV 10/00/00
Initiative Completed - 06/00/05
HPV Data To Be
Received by
06/2005
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal
Additional Information:
SAN No. 4176
This initiative includes the following
regulatory agenda activities: TRI's
Reporting Threshold Rule (SAN 3880;
RIN 2070-AD09); Test Rule; Multi-
Chemicals Test Rule for High
Production Volume Chemicals (SAN
3990; RIN 2070-AD16); Children's
Health Test Initiative (SAN 2865; RIN
2070-AC27).
Sectors Affected:
32411 Petroleum Refineries; 325
Chemical Manufacturing
Agency Contact:
Mary Dominiak
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405
Washington, DC 20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
• Barbara Leczynski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7405
Washington, DC 20460
Phone: 202 260-3945
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
RIN: 2070-AD25
EPA
PROPOSED RULE STAGE
109. • REGULATORY INCENTIVES
FOR THE NATIONAL
ENVIRONMENTAL ACHIEVEMENT
TRACK PROGRAM
Priority:
Other Significant
Legal Authority:
Not Yet Determined
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
The National Environmental
Achievement Track is designed to
recognize facilities that consistently
meet their legal requirements and have
implemented high-quality
environmental management systems,
and to encourage them to achieve more
by continuously improving their
environmental performance and
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informing and involving the public.
Facilities gain entrance to Achievement
Track by submitting an application that
documents that four specific criteria are
met. To promote participation in the
program and the environmental and
other benefits that will come with it,
EPA intends to offer several incentives.
Among those incentives are the
adjustments in current regulatory
requirements that are the subjects of
this rulemaking. These include
reducing the frequency of reports
required under the Maximum
Achievable Control Technology
(MACT) provisions of the Clean Air
Act; streamlined by publically owned
treatment works (POTWs) under the
Clean Water Act; and opportunity for
Achievement Track facilities to
consolidate reporting under various
environmental statutes into a single
report.
Statement of Need:
The Administrator of EPA has
announced the National Environmental
Performance Track Program, of which
the Achievement Track program is the
first element to be implemented. By
identifying facilities that have better
environmental performance than others,
and by requiring them to commit to
goals for sustained improvements, EPA
expects the environment to greatly
benefit. Facilities that are able to
qualify for the program will make a
public commitment to reducing specific
aspects of their impacts on the
environment, and the program is likely
to induce other facilities to make
changes in their operations that will
bring about analogous reductions in
their environmental impacts. In order
to attract significant numbers of
facilities, Achievement Track will
provide incentives for joining, in the
form of substantial benefits to the
facilities that qualify. EPA is
considering alterations in reporting and
other requirements (to be available only
to Achievement Track facilities) that
would be made available as a result of
this rulemaking. Extensive input
(written comments and several public
meetings) from stakeholders has
convinced EPA that benefits such as
these are crucial to achieving the
intended environmental benefits of the
Achievement Track program.
Summary of Legal Basis:
All of the modifications under
consideration are modifications of
existing regulations, promulgated over
the past several years under statutes
that include the CAA, CWA, EPCRA,
SDWA, and others. Within these
statutes, EPA has discretion to set
reporting frequencies, the contents of
reports, monitoring, and other specifics,
based on an assessment of the need for
information to implement the statutes.
Alternatives:
Deliberations within the Agency, and
among stakeholders and EPA, have
convinced EPA that a full and robust
set of incentives is crucial to the
successful implementation of
Achievement Track. EPA developed a
list of over forty different candidate
incentives, and discussed many of
these during a set of public meetings
held during the design phase of the
National Environmental Performance
Track. Several incentives can be
implemented through EPA
administrative actions, but some
potential incentives would require
changes in existing regulations. The
specific incentives being considered
here resulted from intense analysis and
debate within EPA and the
Administrator's judgment that they
contribute to achieving the program's
aims. During the rulemaking process,
EPA will consider various alternatives
for these incentives, ranging from
substantial changes in reporting
frequency and content to no changes.
EPA is also considering initiating
rulemaking on other incentives beyond
the ones discussed here.
Anticipated Cost and Benefits:
Overall, EPA expects there to be a net
reduction in compliance costs for
facilities that participate in
Achievement Track. Facilities would
have direct reductions in the efforts
required to collect, summarize and
report various data elements, and
would potentially benefit from a
streamlining of their environmental
reporting information systems and from
an integration of those data systems
into company environmental
management systems. EPA and some
State regulatory authorities are likely to
see modest increases in workload (and
therefore in costs), mostly in the
revising permits. This effect would be
moderated by the fact that only a
fraction of regulated facilities are
expected to qualify for Achievement
Track. Finally, because Achievement
Track is designed to induce
environmental improvements among
those facilities that seek and obtain
entrance to the program, EPA
anticipates tangible environmental
benefits to be realized.
Risks:
The risks of the intended rulemaking
appear minimal. The criteria and the
screening process for Achievement
Track will identify and admit only
facilities that operate significantly
above the norm of other facilities.
Because facilities must carry out their
Achievement Track actions in the
public spotlight, and because EPA
expects that facilities will strive to stay
qualified for the program, there is only
a very small likelihood that mistakes
would be made, and any such mistakes
could easily be reversed. The actions
being contemplated in this rulemaking
entail mostly reporting changes, not
substantive changes in permitted
release rates or other actions that would
directly impinge on the environment.
All of these factors serve to limit the
risks to the environment from the
intended rulemaking.
Timetable:
Action
Date
FR Cite
NPRM
12/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
State
Federalism:
Undetermined
Additional Information:
SAN No. 4473
Agency Contact:
Frederick W. Talcort
Environmental Protection Agency
Office of the Administrator
2129
Washington, DC 20460
Phone: 202 260-2768
Fax: 202 401-3998
Email: talcott.fred@epa.gov
Daniel J. Fiorino
Environmental Protection Agency
Office of the Administrator
2129
Phone: 202 260-2749
Fax: 202 401-3998
Email: fiorino.dan@epa.gov
RIN: 2090-AA13
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EPA
110. NAAQS: SULFUR DIOXIDE
(RESPONSE TO REMAND)
Priority:
Other Significant
Legal Authority:
42 USC 7409 CAA sec 109
CFR Citation:
40 CFR 50.4; 40 CFR 50.5
Legal Deadline:
Final, Judicial, December 31, 2000.
Abstract:
On November 15, 1994, the
Environmental Protection Agency (EPA)
proposed not to revise the existing 24-
hour and annual primary standards.
The EPA sought public comment on the
need to adopt additional regulatory
measures to address the health risk to
asthmatic individuals posed by short-
term peak sulfur dioxide exposure. On
March 7, 1995, EPA proposed
implementation strategies for reducing
short-term high concentrations of sulfur
dioxide emissions in the ambient air.
On May 22,1996, EPA published its
final decision not to revise the primary
sulfur dioxide NAAQS. The notice
stated that EPA would shortly propose
a new implementation strategy to assist
States in addressing short-term peaks of
sulfur dioxide. The new
implementation strategy - the
Intervention Level Program - was
proposed on January 2, 1997. In July
1996, the American Lung Association
and the Environmental Defense Fund
petitioned the U.S. Court of Appeals for
the D.C. Circuit for a judicial review
of EPA's decision not to establish a
new five-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 intends to publish an
informational notice in the Federal
Register by December 2000.
Statement of Need:
Brief exposures to elevated
concentrations of sulfur dioxide, while
at exercise, may cause
bronchoconstriction, sometimes
accompanied by symptoms (coughing,
wheezing, and shortness of breath), in
mild to moderate asthmatic individuals.
The existing sulfur dioxide National
Ambient Air Quality Standard
(NAAQS) provides substantial
protection against short-term peak
sulfur dioxide levels. At issue is
whether additional measures are
needed to further reduce the health risk
to asthmatic individuals.
Summary of Legal Basis:
Title I of the Clean Air Act.
Alternatives:
The March 7, 1995, proposal notice
sought public comment on three
alternatives to further reduce the public
health risk to asthmatic individuals
posed by short-term peak sulfur dioxide
exposures. These included: (a) a new
5-minute NAAQS; (b) a new program
under section 303 of the Act; and (c)
a targeted monitoring program to
ensure sources likely to cause or
contribute to high 5-minute peaks are
in attainment with the existing
standard. The January 2, 1997, notice
proposed an alternative program under
section 303 of the Act that will assist
States in addressing high 5-minute
peaks.
Anticipated Cost and Benefits:
A draft regulatory impact analysis was
completed and made available for
public comment at the time of the
January 2,1997 proposal.
Risks:
Exposure analyses indicate from the
national perspective that the likelihood
of exposure to high 5-minute sulfur
dioxide concentrations is very low.
Asthmatic individuals in the vicinity of
certain sources or source categories,
however, may be at higher risk of
exposure than the population as a
whole.
Timetable:
Action
Date FR Cite
NPRM - NAAQS
Review
NPRM - NAAQS
Implementation
(Part 51)
Final Rule - NAAQS
Review
NPRM - Revised
NAAQS
Implementation
(Part 51)
Notice - Schedule for
Response to
NAAQS Remand
Notice - Informational
FR Notice
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
12/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local
Federalism:
Undetermined
Additional Information:
SAN No. 1002
Agency Contact:
Gary Blais (Implementation)
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-3223
Email: blais.gary@epa.gov
Susan Stone
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
RIN: 2060-AA61
EPA
111. NEW SOURCE REVIEW (NSR)
IMPROVEMENT
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
CAA as amended, title I
CFR Citation:
40 CFR 51.160 to 51.166; 40 CFR 52.21;
40 CFR 52.24
Legal Deadline:
None
Abstract:
This action is to revise the CAA new
source review (NSR) regulations, which
govern the preconstmction air quality
review and permitting programs that
are implemented by States and the
Federal Government for new and
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73463
modified major stationary sources of air
pollution. This rulemaking will
deregulate, that is, exclude from major
NSR program requirements, those
activities of sources that, with respect
to air pollution, have little
environmental impact. The rulemaking
will encourage pollution control and
pollution prevention projects at existing
sources. Control technology
requirements will be clarified with
respect to when and how they apply
to sources that are covered. The action
seeks to more clearly define the
appropriate roles and requirements of
sources, permitting authorities and
Federal land managers and EPA in the
protection of air-quality-related values
in Federal Class I areas (i.e., certain
national parks and wilderness areas)
under the NSR regulations. State, local,
and tribal permitting agencies will be
given more flexibility to implement
program requirements in a manner that
meets their specific air quality
management needs. Consequently, the
rulemaking decreases the number of
activities that are subject to NSR
requirements and also expedites the
permitting process for those sources
that are subject to NSR. This action is
designed to reduce the regulatory
burden over all industries without
respect to commercial size or capacity;
therefore, it should have no detrimental
impact on small businesses. This action
also addresses several pending petitions
for judicial review and administrative
action pertaining to NSR applicability
requirements and control technology
review requirements. Regulations that
will be affected are State
implementation plan requirements for
review of new sources and
modifications to existing sources (40
CFR 51.160-166), the Federal
prevention of significant deterioration
program (40 CFR 52.21), and Federal
restriction on new source construction
(40 CFR 52.24). Finally, this NSR
Improvement effort also includes a
separate rulemaking (SAN 4390, NSR
Improvement: Utility Sector Offramp
Program), which will provide industries
with the flexibility to focus more on
existing pollution sources, with the
goal of achieving as good or better
environmental results than could be
achieved by focusing strictly on new
sources.
Statement of Need:
In August 1992, EPA voluntarily
initiated a comprehensive effort to
reform the NSR process. This effort was
initiated to examine complaints from
the regulated community that the
current regulatory scheme is too
complex, needlessly delays projects,
and unduly restricts source flexibility.
Currently there are no applicable
statutory or judicial deadlines for the
NSR reform rulemaking effort. The goal
of this effort is to address industry's
concerns without sacrificing the
environmental benefits embodied in the
present approach; that is, protecting
and improving local air quality, and
stimulating pollution prevention and
advances in control technologies.
In July 1993, the New Source Review
(NSR) Reform Subcommittee of the
Clean Air Act Advisory Committee was
formed. The Subcommittee's purpose is
to provide independent advice and
counsel to EPA on policy and technical
issues associated with reforming the
NSR rules. The Subcommittee was
composed of representatives from
industry, State/local air pollution
control agencies, environmental
organizations, EPA headquarters and
regions, and other Federal agencies
(National Park Service and Forest
Service, Department of Energy, and the
Office of Management and Budget).
Summary of Legal Basis:
There are no applicable statutory or
judicial deadlines for the NSR reform
rulemaking effort. However, the rule
will address three outstanding
settlement agreements: CMA Exhibit B,
Top-down BACT, and the applicability
test for modifications at utilities.
Alternatives:
The Subcommittee discussed numerous
options for implementing NSR reform.
However, EPA's primary focus has been
to consider the specific
recommendations developed by the
Subcommittee and, where appropriate,
use them in this rulemaking effort. In
January 1996, EPA, as part of another
regulatory streamlining measure,
merged portions of a separate
rulemaking to implement the 1990 CAA
Amendments with the Reform effort.
The combined package was proposed
in the Federal Register on July 23,
1996. On July 24, 1998, EPA issued
another Federal Register notice seeking
comment on two applicability
provisions. On February 2-3, 1999, EPA
convened a public meeting to listen to
new stakeholder proposals for
streamlining NSR applicability and
control technology requirements.
Stakeholder groups submitted written
proposals during May and June 1999.
Discussions on these proposals will
conclude by October 1999.
Anticipated Cost and Benefits:
From a cost perspective, the proposed
rulemaking represents a decrease in
applications and recordkeeping costs to
industry of at least $13 million per
year, as compared to the preexisting
program, based primarily on the fact
that fewer sources will need to apply
for major source permits, hi addition,
the cost to State and local agencies will
be reduced by approximately $1.4
million per year. The Federal
Government should realize a savings of
approximately $116,000 per year.
Additional cost reductions, which are
difficult to quantify, will be realized
due to the streamlining effect of the
rulemaking on the permitting process,
for example, the opportunity costs for
shorter time periods between permit
application and project completion and
reduced uncertainty in planning for
future source growth.
Risks:
This is a procedural rule applicable to
a wide variety of source categories.
Moreover, it applies to criteria
pollutants for which NAAQS have been
established. This action is considered
environmentally neutral. However, any
potential risks are considered in the
NAAQS rulemaking from a national
perspective.
Timetable:
Action
Date
FR Cite
NPRM 07/23/96 61 FR 38249
NPRM - Utility Sector 11/00/00
Offramp Program
Final Action 12/00/00
Final Action - Utility 04/00/01
Sector Offramp
Program
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 3259
See also SAN 4390
Agency Contact:
Dennis Grumpier
Environmental Protection Agency
Air and Radiation
MD-12
Research Triangle Park, NC 27711
Phone: 919 541-0871
Fax: 919 541-5509
Email: crumpler.dennis@epa.gov
R1N: 2060-AEll
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EPA
112. OPERATING PERMITS:
REVISIONS (PART 70)
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 7661 et seq
CFR Citation:
40 CFR 51; 40 CFR 52; 40 CFR 70
Legal Deadline:
None
Abstract:
In response to litigation on the
operating permits rule regulations, 40
CFR part 70, to provide more effective
implementation of part 70, and to
address comments provided in
response to notices of proposed
rulemaking, parts 70, 51 and 52 are
being revised. The changes streamline
the procedures for revising stationary-
source operating permits issued by
State and local permitting authorities
under title V of the Clean Air Act.
Statement of Need:
These revised rules will allow more
streamlined procedures for revising
operating permits. These revisions
reflect the principles articulated in the
President's and the Vice President's
March 16, 1995 report Reinventing
Environmental Regulation. That report
established as goals for environmental
regulation the building of partnerships
between EPA and State and local
agencies, minimizing costs, providing
flexibility in implementing programs,
tailoring solutions to the problem, and
shifting responsibility to State and local
programs.
Alternatives:
In response to concerns expressed in
comments on the draft final
rulemaking, the EPA discussed
alternatives with representatives from
State and local permitting authorities
and industry and environmental
groups, and desires public comment on
some of the proposed alternatives. EPA
will then consider public comments
before promulgating a final rule.
Anticipated Cost and Benefits:
The administrative cost of
implementing these proposed rules by
permitting authorities, EPA, and
permitted sources has not yet been
estimated, but is expected to be lower
than the cost of the current rule.
Administrative costs include a range of
costs which cover the source's
preparing an application through EPA's
and the permitting authority's effort to
complete the process.
Risks:
All major sources of air pollution are
required to have a permit to operate
by the Clean Air Act. No adverse effect
on the public health or ecosystems
should result from this action, because
the rule will require permit revisions
with significant environmental impact
to undergo public and EPA review.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
Part 71
Supplemental NPRM
Part 70
Direct Final Interim
Approval Extension
NPRM Interim
Approval Extension
NPRM
Final Action
08/29/94 59 FR 44460
04/27/95 60 FR 20804
08/31/95 60 FR 45530
07/27/98 63 FR 40054
07/27/98 63 FR 40053
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
State, Local
Additional Information:
SAN No. 3412
Agency Contact:
Ray Vogel
Environmental Protection Agency
Air and Radiation
MD-12
Research Triangle Park, NC 27711
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epa.gov
RIN: 2060-AF70
EPA
113. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7412(d)
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
This project is to develop national
emission standards for hazardous air
pollutants (NESHAP) by establishing
maximum achievable control
technology (MACT) for facilities
manufacturing wood panels and
engineered wood products. MACT
standards are under development to
reduce the release of hazardous air
pollutants (HAP) from all industries to
protect the public health and
environment. Emissions of HAP from
this industry have been associated
with, but are not limited to, the drying
of wood and binders. This rule is
anticipated to apply to the manufacture
of products involving wood and some
kind of binder or bonding agent. This
project may include, but is not limited
to, facilities that manufacture
waferboard, hardboard fiber board,
oriented strandboard (OSB), medium
density fiberboard (MDF),
particleboard, strawboard, hardwood
and softwood plywood, glue-laminated
lumber, laminated veneer lumber, and
engineered wood products. The source
category may also include lumber
drying kilns at sawmills which are
located on the same site as a facility
that manufactures any of the wood
products mentioned above. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Statement of Need:
Plywood and Composite Wood
Products is a source category listed to
be regulated under Section 112 of the
Clean Air Act
Summary of Legal Basis:
Clean Air Act Section 112
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73465
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
It is expected that this rule will result
in significant costs to the affected
industry, including costs for
recordkeeping and reporting. These
costs will be identified as the proposal
is developed.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local
Additional Information:
SAN No. 3820
Sectors Affected:
32121 Veneer, Plywood, and
Engineered Wood Product
Manufacturing
Agency Contact:
Mary Tom Kissell
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 541-0246
Email: kissell.mary@epa.gov
Kent C. Hustvedt
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AG52
EPA
114. NESHAP: RECIPROCATING
INTERNAL COMBUSTION ENGINE
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 7412 CAA sec 112; PL 101-
549
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The stationary reciprocating internal
combustion engine source category is
listed as a major source of hazardous
air pollutants (HAPs) under section 112
of the Clean Air Act (CAA). A major
source is one which emits more than
10 tons/yr of one HAP or more than
25 tons/yr of a combination of 189
HAPs. The EPA will gather information
on HAP emissions from internal
combustion engines and determine the
appropriate maximum achievable
control technology (MACT) to reduce
HAP emissions, if any. The EPA will
also gather information for NOx, SO2,
CO, and PM and decide whether
standards are required to reduce these
emissions. The EPA will use
information that has already been
developed, if possible, by gathering
information by working with State/local
agencies, vendors, manufacturers of
internal combustion engines, owners
and operators of internal combustion
engines, and environmentalists.
Statement of Need:
Reciprocating Internal Combustion
Engines is a source category listed to
be regulated under section 112 of the
Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
It is expected that this rule will result
in significant costs to the affected
industry, including costs for
recordkeeping and reporting. These
costs will be identified as the proposal
is developed.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
11/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
None
Additional Information:
SAN No. 3656
Agency Contact:
Sims Roy
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG63
EPA
115. NESHAP: COMBUSTION
TURBINE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412 CAA sec 112
CFR Citation:
44 CFR 63
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73466 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The combustion turbine source category
is listed as a major source of hazardous
air pollutants (HAPs) under section 112
of the Clean Air Act (CAA). A major
source is one which emits more than
10 tons/yr of one HAP or more than
25 tons/yr of a combination of 189
HAPs. Combustion turbines also emit
NOx, SO2, CO, and PM. Combustion
turbines are already regulated for NOx
and SO2 emissions under section 111
of the CAA. The EPA will gather
information on HAP emissions from
combustion turbines and determine the
appropriate maximum achievable
control technology (MACT) to reduce
HAP emissions, if any. The EPA will
also gather information to revise the
1979 NSPS for NOx and SO2 and
decide whether CO and PM standards
are required for combustion turbines.
The EPA information that has already
been developed will be used if possible
and additional information will be
gathered by working with State/local
agencies, vendors, manufacturers of
combustion turbines, owners and
operators of combustion turbines, and
environmentalists.
Statement of Need:
Combustion Turbines is a source
category listed to be regulated under
Section 112 of the Clean Air Act.
Summary of Legal Basis:
Section 112 of the Clean Air Act
Alternatives:
The principal alternatives are to set
standards at or beyond the "floor" level
of stringency. The "floor" is the
minimum stringency implied by the
congressionally-given formula in
section 112 of the Clean Air Act.
Anticipated Cost and Benefits:
It is expected that this rule will result
in significant costs to the affected
industry, including costs for
recordkeeping and reporting. These
costs will be identified as the proposal
is developed.
Risks:
In Section 112 of the Clean Air Act,
Congress found that there is sufficient
evidence of risk to warrant a broad,
technology-based MACT program to
reduce toxic emissions nationwide.
Therefore, separate risk analyses are not
conducted for individual rulemakings
within the MACT program.
Timetable:
Action
NPRM
Final Action
Date
11/00/00
09/00/01
FR Cite
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Local
Additional Information:
SAN No. 3657
Agency Contact:
Sims Roy
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5263
Fax: 919 541-5450
Email: roy.sims@epa.gov
Robert J. Wayland
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
RIN: 2060-AG67
EPA
116. NESHAP: INDUSTRIAL,
COMMERCIAL AND INSTITUTIONAL
BOILERS AND PROCESS HEATERS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 7412
CFR Citation:
40 CFR 63
Legal Deadline:
Final, Statutory, November 15, 2000.
Abstract:
The Clean Air Act, as amended in
1990, requires EPA to develop emission
standards for sources of hazardous air
pollutants (HAPs). Industrial boilers,
institutional/commercial boilers and
process heaters are among the potential
source categories to be regulated under
section 112 of the CAA. Emissions of
HAPs will be addressed by this
rulemaking for both new and existing
sources. EPA promulgated an NSPS for
these source categories in 1987 and
1990. The standards for the NESHAP
are to be technology-based and are to
require the maximum achievable
control technology (MACT) as
described in section 112 of the CAA.
Statement of Need:
Industrial boilers,
institutional/commercial boilers, and
process heaters are source categories
listed to be regulated under section 112
of the Clean Air Act,
Summary of Legal Basis:
Section 112 of the Clean Air Act
Alternatives:
Alternatives will be explored as the
proposal is developed. At this early
stage, no alternatives have yet been
identified.
Anticipated Cost and Benefits:
It is expected that this rule will result
in significant costs to the affected
industry, including costs for
recordkeeping and reporting. These
costs will be identified as the proposal
is developed.
Risks:
The risks from this industry are
expected to be those normally
associated with combustion, such as
exposure to particulate matter and
sulfur oxides. These will be addressed
as the proposal is developed.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/01
02/00/02
Regulatory Flexibility Analysis
Required:
Undetermined
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local
Federalism:
Undetermined
Additional Information:
SAN No. 3837
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73467
Agency Contact:
James Eddinger
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
William Maxwell
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AG69
EPA
117. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority:
Economically Significant
Unfunded Mandates:
Undetermined
Legal Authority:
42 USC 7408; 42 USC 7409
CFR Citation:
40 CFR 50
Legal Deadline:
Final, Statutory, July 18, 2000,
Completion of review.
Abstract:
On July 18, 1997, the EPA published
a final rule revising the national
ambient air quality standards (NAAQS)
for particulate matter (PM) (62 FR
38652). While retaining the PM10
standard levels, new standards were
added for fine particles (PM2.5) to
provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421, July 16,
1997) was published that, among other
things, directed EPA to complete the
next review of the PM NAAQS by July
2002. The EPA's plans and schedule for
the next periodic review of the PM
NAAQS were published on October 23,
1997 (62 FR 55201). As with other
NAAQS reviews, a rigorous assessment
of relevant scientific information will
be presented in a Criteria Document
(CD), and the preparation of this
document is currently under way by
the EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will also prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The SP and
CD will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public; both will
reflect the input received through these
reviews. As the PM NAAQS review is
completed, the Administrator's
proposal to revise or reaffirm the PM
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be reflected in the
Administrator's final decision which
will be published in July 2002.
Statement of Need:
As established in the Clean Air Act,
the national ambient air quality
standards for particulate matter are to
be reviewed every five years.
Summary of Legal Basis:
Section 109 of the Clean Air Act (42
USC 7409) directs the Administrator to
propose and promulgate "primary" and
"secondary" national ambient air
quality standards for pollutants
identified under section 108 (the
"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
08/00/01
07/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4255
Agency Contact:
Mary A. Ross
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5170
Fax: 919 541-0237
Email: ross.mary@epamail.epa.gov
Karen Martin
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0877
Email: martin.karen@epamail.epa.gov
RIN: 2060-AI44
EPA
118. TRANSPORTATION CONFORMITY
AMENDMENTS: RESPONSE TO
MARCH 2, 1999, COURT DECISION
Priority:
Other Significant
Legal Authority:
42 USC 7401-7671q
CFR Citation:
40 CFR 93
Legal Deadline:
None
Abstract:
The Clean Air Act requires EPA to
promulgate rules that establish the
criteria and procedures for determining
whether highway and transit plans,
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73468 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
programs, and projects conform to State
air quality plans. "Conformity" means
that the transportation actions will not
cause or worsen violations of air
quality standards or delay timely
attainment of the standards. The
original conformity rule was finalized
on November 24, 1993, and most
recently amended on August 15, 1997.
On March 2, 1999, the U.S. Court of
Appeals overturned certain provisions
of the 1997 conformity amendments.
This rulemaking will amend the
conformity rule in compliance with the
court decision. The rulemaking will
formalize the May 14,1999 EPA
guidance and the June 18, 1999 DOT
guidance that was issued to guide
action on this issue until a rulemaking
could be issued. Specifically, the
rulemaking will clarify the types of
projects that can be implemented in the
absence of a conforming transportation
plan. It will also explain EPA's process
for reviewing newly submitted air
quality plans and when those
submissions can be used for conformity
purposes.
Statement of Need:
The U.S. Court of Appeals remanded
some provisions of EPA's conformity
rule. The conformity rule must be
amended in compliance with the court
decision.
Summary of Legal Basis:
The Clean Air Act requires
transportation plans, programs, and
projects to conform to state air quality
plans. The Clean Air Act also requires
EPA to establish rules for how to
determine the conformity of
transportation actions.
Alternatives:
EPA's alternatives are constrained by
the court decision.
Anticipated Cost and Benefits:
This amendment will not change the
results of the economic analysis
performed for the original
transportation conformity rule, which
was summarized in the preamble to
that rule on 11/24/93 at 58 FR 62214.
Risks:
Transportation conformity is a process
designed to help achieve attainment
with the National Ambient Air Quality
Standards. The risks addressed by the
rule are therefore those risks associated
with non-achievment of such standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Rule
03/00/01
12/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4340
Agency Contact:
Kathryn Sargeant
Environmental Protection Agency
Air and Radiation
RSPD
Washington, DC 20460
Phone: 734 214-4441
Fax: 734 214-4052
Email: sargeant.kathryn@epa.gov
RIN: 2060-AI56
EPA
119. • RULEMAKINGS FOR THE
PURPOSE OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
Not Yet Determined
CFR Citation:
40 CFR 51
Legal Deadline:
None
Abstract:
The Clean Air Act (CAA) requires that
a State implementation plan (SIP)
contain provisions to prevent a State's
facilities or sources from contributing
significantly to air pollution that is
"transported" downwind to other
States, exacerbating their inability to
meet the national ambient air quality
standards for ozone. Through a 2-year
effort known as the Ozone Transport
Assessment Group (OTAG), EPA
worked in partnership with the 37
easternmost States and the District of
Columbia, industry representatives, and
environmental groups to address ozone
transport. This multiyear collaboration
resulted in the most comprehensive
analysis of ozone transport ever
conducted. The OTAG States voted in
favor of a range of strategies to reduce
nitrogen oxide emissions from utilities
and other major sources. Building on
the recommendations of OTAG, EPA
issued a rule known as the NOx SIP
Call (10/27/98, 63 FR 57355) requiring
22 States and the District of Columbia
to submit revisions to their SIPs to
address the regional transport of
nitrogen oxides (a precursor to ozone
formation known as NOx). By reducing
emissions of NOx, the actions directed
by these plans will decrease the
formation and transport of ozone across
State boundaries in the eastern half of
the United States. The U.S. Court of
Appeals upheld most provisions of the
rule earlier this year. The court did
remand certain minor provisions which
EPA is now addressing in a separate
rulemaking — see SAN 4433 in today's
regulatory agenda.) In addition to the
SIP Call provisions, Federal
Implementation Plans (FIPs) may also
be needed to reduce regional transport
if any affected State fails to adequately
revise its SIP to comply with the NOx
SIP call (see SAN 4096 in today's
regulatory agenda). In addition to the
SIP Call remedy, the Clean Air Act also
gave States the right to petition EPA
to take other Federal action to prevent
ozone transport that affects downwind
States. Accordingly, under section 126
of the CAA, eight northeastern States
filed petitions requesting EPA to make
findings and require decreases in NOx
emissions from certain stationary
sources in upwind States that may
significantly contribute to ozone
nonattainment problems in the
petitioning State. After analysis, EPA
found the petitions from eight States
to be meritorious in whole or in part
(5/25/99, 64 FR 28250). Subsequently,
EPA issued a final rule on the petitions,
specifying a NOx emissions trading
program as the required Federal remedy
(1/18/00, 65 FR 2764). EPA is
coordinating all three approaches to
regional ozone control — i.e., SIP Call,
FIPs, and section 126 actions — to
avoid duplication and maximize
effectiveness.
Statement of Need:
It has long been recognized that ozone
transport is a major factor in the
difficulty many States are having in
attaining the clean-air standards for
ozone. This was made more clear by
the OTAG analysis outlined above.
Summary of Legal Basis:
Clean Air Act Sections 110 and 126
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Alternatives:
The Clean Air Act specifies the SIP Call
process, the FIP process, and the
section 126 petition process as alternate
approaches to remedying the problem
of ozone transport. EPA intends to use
these alternatives as appropriate in an
integrated program.
Anticipated Cost and Benefits:
As outlined in the Regulatory Impact
Analysis for the NOx SIP Call, the rule
will result in 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, increases in yields of
commercial forests currently exposed to
elevated ozone levels, and reductions
in loadings of nitrogen to sensitivity
estuaries, helping State and local
government reach target reduction goals
for estuaries such as Chesapeake Bay,
Albermarle-Pamlico Sound and Long
Island Sound. Due to practical
analytical limitations, we cannot
quantify and/or monetize all potential
benefits of this action. Within these
limitations, the quantified and
monetized benefits were estimated in
the Regulatory Impact Analysis to range
from $1.1 billion to $4.2 billion
annually. Annual costs were estimated
at $1.7 billion. All figures are in 1990
dollars.
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 are
outlined in detail in the Regulatory
Impact Analysis for the NOx SIP Call.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM-NOxFIPs 10/21/98 63 FR 56393
(SAN 4096)
Final Action - NOx 10/27/98 63 FR 57355
SIP Call
Final Action - Section 05/25/99 64 FR 28250
126 Findings
Final Action - Section 01/18/00 65 FR 2674
126 Approvals and
Remedy
NPRM - Response to 10/00/00
NOx SIP Call Court
Decision (SAN
4433)
Final Action- 12/00/00
Response to NOx
SIP Call Court
Decision (SAN
4433)
Final Action - NOx 12/00/00
FIPs (SAN 4096)
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
State
Additional Information:
SAN No. 4466
Agency Contact:
Carla Oldham
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epa.gov
Kimber Scavo
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-3354
Fax: 919 541-0824
Email: scavo.kimber@epamail.epa.gov
RIN: 2060-AJ20
EPA
120. LEAD-BASED PAINT ACTIVITIES;
TRAINING AND CERTIFICATION FOR
RENOVATION AND REMODELING
SECTION 402(C)(3)
Priority:
Other Significant. Major status under 5
USC 801 is undetermined.
Unfunded Mandates:
Undetermined
Legal Authority.
15 USC 2603 TSCA Title IV; PL 102-
550 Sec 402(c)(3)
CFR Citation:
40 CFR 745
Legal Deadline:
Final, Statutory, October 28, 1996.
Abstract:
Under section 402(c)(2) of the Toxic
Substances Control Act (TSCA) title IV,
EPA conducted a study of the extent
to which persons engaged in renovation
and remodeling activities in target
housing are exposed to lead in the
conduct of such activities or disturb
lead and create a lead-based paint
hazard. EPA must use the results of this
study and consult with interested
parties to determine which categories
of renovation and remodeling activities
require training and certification. EPA
must then revise the training and
certification regulations originally
developed for individuals performing
lead-based paint abatement under
section 402(c)(a) of TSCA title IV to
apply them to the renovation and
remodeling categories. If EPA
determines that any category does not
require certification, EPA must publish
an explanation of the basis for that
determination.
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood, (Center for Disease
Control's level of concern). Although
there have been dramatic declines in
blood-lead levels due to reductions of
lead in paint, gasoline, and food
sources, remaining paint in older
houses continues to be a significant
source of childhood lead poisoning.
These rules will help insure that
individuals and firms conducting lead-
based paint activities will do so in a
way that safeguards the environment
and protects the health of building
occupants, especially children under 6
years old.
Summary of Legal Basis:
This regulation is mandated by TSCA
section 402(c). TSCA section 402(c)
directs EPA to address renovation and
remodeling activities by first
conducting a study of the extent to
which persons engaged in various
typed of renovation and remodeling
activities are exposed to lead in the
conduct of such activities or disturb
lead and create a lead-based paint
hazard on a regular basis. Section
402 (c) further directs the Agency to
revise the lead-based paint activities
regulations (40 CFR part 745 subpart
L) to include renovation or remodeling
activities that create lead-based paint
hazards. In order to determine which
contractors are engaged in such
activities the Agency is directed to
utilize the results of the study and
consult with the representatives of
labor organizations, lead-based paint
activities contractors, persons engaged
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73470 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
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 lead 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 lead 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
Final Action
08/00/01
02/00/03
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 3557
Sectors Affected:
23321 Single Family Housing
Construction; 23322 Multifamily
Housing Construction; 23521 Painting
and Wall Covering Contractors; 23551
Carpentry Contractors; 23599 All Other
Special Trade Contractors; 53111
Lessors of Residential Buildings and
Dwellings; 531311 Residential Property
Managers; 54138 Testing Laboratories
Agency Contact:
Lin Moos
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
Mike Wilson
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-4664
Fax: 202 260-0770
Email: wilson.mike@epa.gov
RIN: 2070-AC83
EPA
121. ENDOCRINE DISRUPTOR
SCREENING PROGRAM
Priority:
Other Significant
Legal Authority:
15 USC 2603 TSCA; 21 USC 346(a)
FFDCA; 42 USC 300(a)(17) SDWA; 7
USC 136 FIFRA
CFR Citation:
Not Yet Determined
Legal Deadline:
NPRM, Statutory, August 3, 1998, EDSP
must be Developed.
Final, Statutory, August 3, 1999,
Agency must Implement.
Other, Statutory, August 3, 2000,
Agency must report to Congress on
EDSP.
Abstract:
This final policy statement will set
forth EPA's Endocrine Disrupter
Screening Program. EPA published a
proposed policy statement setting forth
the Screening Program on December 28,
1998. In the final policy statement, EPA
will describe the screens and tests that
it will require as part of the program.
It also will describe the universe of
chemicals that will be included in the
program, the priority-setting
mechanism that used to determine the
order in which those chemicals will be
tested, and certain issues related to
implementing the program. The major
actions in 2000 and 2001 will be the
standardization and validation of assays
in the screening battery and the
completion of the priority-setting
system.
Statement of Need:
The Endocrine Disrupter Screening
Program fulfills the statutory direction
and authority to screen pesticide
chemicals and drinking water
contaminants for their potential to
disrupt the endocrine system and
adversely affect human health.
Summary of Legal Basis:
The mandate to screen pesticide
chemicals for estrogenic effects that
may affect human health is the Federal
Food, Drug and Cosmetic Act (FFDCA)
as amended in the Food Quality
Protection Act (21 U.S.C. 346a(p)).
FFDCA also provides EPA authority to
require testing of substances that may
have an effect that is cumulative to that
of a pesticide chemical. Discretionary
authority to test contaminants in
sources of drinking water is in the Safe
Drinking Water Act as amended in
1996 (42 U.S.C. 300J-17). General
authority to test chemicals and
pesticides is in TSCA (15 U.S.C. 2603)
and FIFRA (7 U.S.C. 136) respectively.
Alternatives:
A Federal role is mandated under cited
authority. There is no alternative to the
role of the Federal Government on this
issue to ensure that pesticides,
commercial chemicals and
contaminants are screened and tested
for endocrine disruption potential. A
limited amount of testing may be
conducted voluntarily, but this will fall
far short of the systematic screening
which is necessary to protect public
health and the environment and ensure
the public that all important substances
have been adequately evaluated.
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Anticipated Cost and Benefits:
It is too early to project the costs and
benefits of this program accurately.
However, as a rough estimate, the
screening battery is estimated to cost
$200,000 per chemical. It is also too
early to quantify the benefits of this
program mathmetically. The goal of the
program is to reduce the risks
identified below.
Risks:
Evidence is continuing to mount that
wildlife and humans may be at risk
from exposure to chemicals operating
through an endocrine mediated
pathway. Preliminary studies show
decreases on IQ tests and increases in
aggression in children. Severe
malformations of the genitals of boys
have increased steadily over the last
two decades. Wildlife effects have been
more thoroughly documented.
Abnormalities in birds, marine
mammals, fish and shellfish have been
documented in the United States,
Europe, Japan, Canada, and Australia
which have been linked to specific
chemical exposures. Evidence is
sufficient for the United States to
proceed on a two-track strategy:
research on the basic science regarding
endocrine disruption and screening to
identify which chemicals are capable of
interacting with the endocrine system.
The combination of research and test
data developed by this program will
enable EPA to take action to reduce
chemical risks.
Timetable:
Action
Date FR Cite
Notice - Outline of 08/11/98 63 FR 42852
Screening Program
Notice - Proposed 12/28/98 63 FR 71542
Screening Program
& Request for
Comment
NPRM - Proposed 12/00/01
Procedural Rule
Final Action - Final 12/00/02
Screening Program
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 4143
In August 2000, the Agency submited
the required Status Report to Congress.
Agency Contact:
Gary Timm
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 401-1282
Email: timm.gary@epa.gov
Anthony Maciorowski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 401-1282
Email: maciorowski.anthony@epa.gov
RIN: 2070-AD26
EPA
122. HAZARDOUS WASTE MANIFEST
REGULATION
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6922 RCRA sec 3002; 42 USC
6923 RCRA sec 3003; 42 USC 6926
RCRA sec 3006
CFR Citation:
40 CFR 260; 40 CFR 262; 40 CFR 263;
40 CFR 264; 40 CFR 265; 40 CFR 271
Legal Deadline:
None
Abstract:
The Uniform Hazardous Waste Manifest
(Form 8700-22) is a multicopy form
used to identify the quantity,
composition, origin, routing, and
destination of hazardous waste during
its transportation. The manifest
system's reliance on paper results in
significant paperwork and cost burden
to waste handlers and States who
choose to collect manifest information.
The Agency is considering an optional
approach to redesign the manifest
system so that it utilizes automated
technologies to increase access to
manifest-related information, and to
facilitate the manifest process,
including the form's preparation,
transmission, and recordkeeping,
thereby lessening the total burden on
waste handlers and States that choose
to collect manifests. In addition, the
Agency is considering further
standardizing further the manifest form
itself by eliminating several optional
data fields and by specifying one
format that may be used in all States.
Statement of Need:
The Agency is considering revising the
RCRA manifest system because of the
amount of paperwork burden associated
with the manifest. Reduction in
paperwork burden is part of the
Administration's Regulatory
Reinvention goal of cutting government
red tape. The Agency wants to further
standardize the manifest program
across States by introducing a more
uniform manifest tracking form. The
chief goal of the manifest system is to
facilitate the safe transportation of
offsite shipments of hazardous waste to
appropriate RCRA management
facilities. Furthermore, the manifest
promotes accountability throughout the
generation, transportation, and disposal
cycle of a hazardous waste shipment;
and the manifest also provides essential
hazard information to handlers and
emergency responders.
Summary of Legal Basis:
RCRA section 3002(aX5) authorizes
EPA to issue regulations applicable to
generators of hazardous waste regarding
the use of a manifest system to describe
waste, its origin, and its routing to
ensure waste arrives at designated off-
site facilities. RCRA sections 3003 and
3004 authorize EPA to issue regulations
applicable to transporters of hazardous
waste and to treatment, storage, and
disposal facilities regarding compliance
with the manifest system.
Alternatives:
The Agency has looked at two
alternatives to revising the manifest
system. The first alternative is to revise
and standardize the manifest form
itself. The second alternative is to
introduce the option of automated
technologies (electronic commerce) to
reduce paperwork and make the
manifest system more efficient. The
Agency is considering combining these
alternatives in a proposed rule.
Anticipated Cost and Benefits:
EPA is considering actions that should
impose minimal costs on the regulated
industry, since the Agency is evaluating
a reduction in the overall number of
elements on the manifest form.
Additionally, greater uniformity in data
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required across the United States would
benefit waste handlers by reducing the
burden associated with obtaining
multiple manifests from different
States, as well as being aware of
various uses of optional fields. Other
hazardous waste handlers would
benefit from having the option to use
automation to complete, send, receive,
and store manifest information. Some
States may have to modify their data
systems in response to changes in the
manifest form. The Agency is currently
conducting an analysis to determine the
costs and benefits of revisions to the
manifest system.
Risks:
This proposed rule is intended to
reduce the paperwork burden of the
manifest on the public without
reducing protectiveness of human
health or the environment.
Timetable:
Action
Date
FR Cite
NPRM
11/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 3147
Sectors Affected:
2111 Oil and Gas Extraction; 2122
Metal Ore Mining; 2211 Electric Power
Generation, Transmission and
Distribution; 3221 Pulp, Paper, and
Paperboard Mills; 323 Printing and
Related Support Activities; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
331 Primary Metal Manufacturing; 332
Fabricated Metal Product
Manufacturing; 482 Rail Transportation;
483 Water Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal
Agency Contact:
Rich Lashier
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0522
Email: lashier.rich@epamail.epa.gov
RIN: 2050-AE21
EPA
123. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6905; 42 USC 6912; 42 USC
6924; 42 USC 6925; 42 USC 6927; 42
USC 6939; 42 USC 6974
CFR Citation:
40 CFR 124; 40 CFR 267; 40 CFR 270
Legal Deadline:
None
Abstract:
EPA is considering allowing a type of
general permit, called a standardized
permit, for facilities that generate waste
and routinely manage the waste on-site
in tanks, containers, and containment
buildings. Under the standardized
permit, facility owners and operators
would certify compliance with generic
design and operating conditions set on
a national basis. The permitting agency
would review the certifications
submitted by the facility owners or
operators. The permitting agency would
also be able to impose additional site-
specific terms and conditions for
corrective action or other purposes, as
called for by RCRA. Ensuring
compliance with the standardized
permit's terms and conditions would
occur during inspection of the facility
after the permit has been issued.
Statement of Need:
The Agency convened a special task
force in 1994 to look at permitting
activities throughout its different
programs and to make specific
recommendations to improve these
permitting programs. This task force,
known as the Permits Improvement
Team (PIT), spent two years working
with stakeholders from the Agency,
State-permitting agencies, industry, and
the environmental community. The PIT
stakeholders mentioned, among other
things, that permitting activities should
be commensurate with the complexity
of the activity. The stakeholders felt
that current Agency permitting
programs were not flexible enough to
allow streamlined procedures for
routine permitting activities.
Currently, facilities that store, treat, or
dispose of hazardous waste must obtain
site-specific "individual" permits
prescribing conditions for each "unit"
(e.g., tank, container area, etc.) in
which hazardous waste is managed.
Experience gained by the Agency and
States over the past 16 years has shown
that not all waste management
activities are at the same level of
complexity. Some activities, such as
thermal treatment or land disposal of
hazardous waste, are more complex
than storage of hazardous waste. The
Agency believes that thermal treatment
and land disposal activities continue to
warrant "individual" permits,
prescribing unit-specific conditions.
However, the Agency believes that
some accommodation can be made for
hazardous waste management practices
in standardized units such as tanks,
container storage areas, and
containment buildings. The Agency's
Permit Improvement Team tentatively
recommended, among other things, that
regulations be developed to allow
"standardized permits" for on-site
storage and nonthermal treatment of
hazardous waste in tanks, containers,
and containment buildings. The Agency
is considering revising the RCRA
regulations to allow this type of permit.
Summary of Legal Basis:
Facilities that manage hazardous waste
are required under RCRA to obtain a
permit and carry out corrective action
as necessary (see RCRA sections 3004,
3005, 3008 and 3010). EPA has
discretion under these statutory
provisions to apply different permitting
procedures to different types of
facilities, as EPA is proposing to do
here. No aspect of this streamlining
action is required by court order.
Alternatives:
EPA has considered several significant
alternatives or options regarding RCRA
permits and corrective action issues.
The Agency intends to limit the scope
of the proposed rule to facilities that
generate waste and manage it on-site.
The Agency considered, however, and
plans to ask for comment on, whether
coverage of the rule should be
expanded to facilities that generate
waste at operations in more than one
location and want to manage the waste
at one location. The Agency also plans
to ask for comment on the option of
allowing a facility's RCRA corrective
action activities to be postponed if
corrective action is being carried out
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under an approved State remedial
program.
Anticipated Cost and Benefits:
The following cost/benefit information
is based on preliminary estimates and
is being provided for informational
purposes only; it is subject to change.
The RCRA standardized permit
proposal is an optional rule designed
to streamline the regulatory burden to
EPA/States as well as to private sector
facilities covered by the rule, by
reducing the amount of information
collected, submitted and reviewed for
permit actions (i.e., new permit
applications, permit modifications, and
permit renewals), Because the rule
proposes to streamline existing RCRA
regulation, rather than add new RCRA
regulation, implementation of the rule
by the EPA and by States with EPA-
authorized permitting programs is
expected to result in economic benefits
in the form of national cost savings
from reducing both government and
private sector resources required for the
RCRA permit process. Based on a
preliminary economic analysis, the EPA
estimates that the potential average
annual cost savings to eligible facilities
resulting from implementation of this
rule, will range from approximately
$100 to $5,800 per permit action,
depending on such things as the type
of permit and the type of storage
equipment. EPA estimates potential
national cost savings of $360,000 to
$530,000 per year based upon an
assumed average rate of about 120
eligible permit actions per year.
Risks:
A description of risks is not applicable
to the rule. The purpose of this rule
is to streamline existing RCRA permit
application and issuance procedures.
Since facilities covered by this
proposed rule are currently already
required to obtain RCRA permits, this
proposed rule will have minimal effects
on incremental risks.
Timetable:
Action
Date
FR Cite
NPRM
11/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Federalism:
Undetermined
Additional Information:
SAN No. 4028
Sectors Affected:
32411 Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 3252 Resin,
Synthetic Rubber, and Artificial and
Synthetic Fibers and Filaments
Manufacturing; 325211 Plastics
Material and Resin Manufacturing;
32532 Pesticide and Other Agricultural
Chemical Manufacturing; 32551 Paint
and Coating Manufacturing; 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact:
Vernon Myers
Environmental Protection Agency
Solid Waste and Emergency Response
5303W
Washington, DC 20460
Phone: 703 308-8660
Fax: 703 308-8609
Email: myers.vernon@epa.gov
RIN: 2050-AE44
EPA
124. • STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY ELECTRIC POWER PRODUCERS
Priority:
Economically Significant
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
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
proposed and final RCRA subtitle D
regulations for the management of coal
combustion wastes in landfills and
surface impoundments that are
generated by producers of electric
power, including electric utilities and
independent power producers.
On April 25, 2000, EPA issued a
regulatory determination for fossil fuel
combustion wastes (65 FR 32214, May
22, 2000). The purpose of the
determination was to decide whether
certain wastes from the combustion of
fossil fuels (including coal, oil and
natural gas) should remain exempt from
subtitle C (management as hazardous
waste) of the Resource Conservation
and Recovery Act (RCRA) for the coal,
oil and natural gas combustion wastes
that were addressed. The Agency's
decision was to retain the exemption
from hazardous waste management for
all of the fossil fuel combustion wastes.
However, the Agency also determined
and announced that waste management
regulations under RCRA subtitle D
(management as nonhazardous wastes)
are appropriate for certain coal
combustion wastes that are disposed of
in landfills and surface impoundments.
We also announced that we would
consult with the Department of the
Interior on appropriate measures under
the Surface Mining Control and
Reclamation Act (SMCRA) or RCRA or
some combination of both to address
the disposal of coal combustion wastes
when used for minefill in surface and
underground mines.
The utility industry has made
significant improvements in its waste
management practices over recent
years, and most State regulatory
programs are similarly improving.
Nevertheless, public comments and
other analyses have convinced the
Agency that coal combustion wastes
could pose 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, while
most States can now require newer
waste management units to include
liners and groundwater monitoring, 62
percent of existing utility surface
impoundments do not have
groundwater monitoring. In the
Agency's view, this justifies the
development of national regulations.
EPA acknowledges that some waste
management units may not warrant
liners and/or groundwater monitoring,
depending on site-specific
characteristics. The Agency is initiating
this action to develop and issue
appropriate waste management
regulations under subtitle D of RCRA.
Statement of Need:
EPA's regulatory determination for
fossil fuel combustion wastes (65 FR
32214, May 22, 2000) concluded that
these wastes do not require
management as hazardous wastes.
However, EPA determined that certain
of the coal combustion wastes have
been managed improperly as indicated
by identified damage cases. Although
all of the proven damage cases involved
past waste management practices and
were appropriately addressed by either
State or Federal authorities, we are
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73474 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
concerned about the potential risks
posed via the groundwater pathway
from improper management of the
wastes, and lack of groundwater
monitoring at more than half of the
active coal combustion waste
management units. While most States
can now require newer waste
management units to include liners and
groundwater monitoring, 62 percent of
existing utility surface impoundments,
for example, do not have groundwater
monitoring. Although not all sites may
warrant the same measures, the Agency
believes that the lack of groundwater
monitoring and liners justifies the
development of national regulations.
Therefore, the Agency is initiating this
action to develop and issue appropriate
management regulations under subtitle
D of RCRA for these wastes.
Summary of Legal Basis:
This action is not required by statute
or court order.
Alternatives:
The Agency considered the need for
more stringent hazardous waste
management requirement for these
wastes, but rejected the option. Rather,
the Agency believes that any
management and performance
standards issued under nonhazardous
waste authorities (RCRA subtitle D)
would adequately protect human health
and the environment.
Anticipated Cost and Benefits:
EPA has not yet developed a regulatory
approach to address coal combustion
wastes. Therefore, costs and benefits of
potential management and performance
standards have not been quantified.
The costs of any regulation could be
high, given the large amount of coal
combustion wastes generated per year.
However, those costs could be
mitigated by ongoing trends in industry
management and State oversight of
these wastes. As EPA develops national
regulations, the Agency will try to
minimize disruptions to operation of
existing waste management units.
Risks:
For EPA's regulatory determination for
fossil fuel combustion wastes, we did
not rely on a quantitative groundwater
risk assessment to assess potential risks
to human health or the environment.
We are unable at this time to draw
quantitative conclusions regarding the
risks due to arsenic or other
contaminants posed by improper waste
management. EPA is currently
reviewing its groundwater model and
plans to reevaluate groundwater risks
after any necessary changes to the
model are completed. Based on a
screening analysis that compared
drinking water standards to leach test
data from coal combustion waste
samples, the Agency identified a
potential for risks from arsenic that
cannot be dismissed at this time. An
EPA ecological risk assessment found
the potential for risk to various fauna.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/01
08/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
Undetermined
Additional Information:
SAN No. 4470
Any Federal, state, local or tribal
governments that own coal-burning
electric power generating facilities will
be subject to this rule.
Sectors Affected:
221112 Fossil Fuel Electric Power
Generation
Agency Contact:
Dennis Ruddy
Environmental Protection Agency
Solid Waste and Emergency Response
5306W
Washington, DC 20460
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AE81
EPA
125. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
33 USC 1311 CWA sec 301; 33 USC
1314 CWA sec 304; 33 USC 1316 CWA
sec 306; 33 USC 1317 CWA sec 307;
33 USC 1317 CWA sec 308; 33 USC
1317 CWA sec 402; 33 USC 1361 CWA
sec 501
CFR Citation:
40 CFR 438
Legal Deadline:
NPRM, Judicial, October 31, 2000.
Final, Judicial, December 31, 2002.
Abstract:
EPA is developing effluent limitations
guidelines for facilities that generate
wastewater while processing metal
parts; metal products; and machinery,
including manufacture, assembly,
rebuilding, repair, and maintenance. A
proposed rule in 1995 covered seven
industrial groups: aircraft, aerospace,
hardware, ordnance, stationary
industrial equipment, mobile industrial
equipment, and electronic equipment.
EPA has consolidated this rulemaking
with a second phase, and coverage will
include additional industrial groups
such as: bus and truck, household
equipment, instruments, motor
vehicles, office machines, precious
metals and jewelry, railroads, job
shops, printed circuit boards, and ships
and boats. The deadlines and timetable
apply to the consolidated Phase 1 and
2 rulemaking.
Statement of Need:
Only 25 percent of the facilities in this
industry are currently regulated by
national effluent limitations. Most of
the industry has wastewater treatment
that is inadequate, in terms of the best
available technology. Those facilities
that do have wastewater treatment
designed those systems to meet effluent
limits established by EPA over 20 years
ago. The proposed MP&M limitations
are based on technologies that achieve
much lower levels of pollutants — for
example, an 80 percent reduction in
cyanide and chromium.
Summary of Legal Basis:
The Clean Water Act requires EPA to
establish effluent limitations guidelines
and standards to limit the pollutants
discharged from point sources. In
addition, EPA is bound by a provision
in a consent decree entered in
settlement of Natural Resources Defense
Council et al. v. Reilly (D.D.C. No. 89-
2980) to propose regulations for this
industry by October 2000.
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73475
Alternatives:
The Clean Water Act directs EPA to
establish a technology basis for the
effluent guidelines. Limitations are
based on the performance of specific
technology levels, such as the best
available technology economically
achievable. EPA is considering a range
of pollution control technologies and is
also considering flow exemptions to
reduce the impact on small dischargers.
Anticipated Cost and Benefits:
EPA expects effluent reduction benefits
from more than 10,000 facilities. The
estimated cost of the proposed rule is
$1.9 billion, including operating and
maintenance costs and annualized
capital costs. For more than half of the
facilities, the costs are less than
$50,000 per facility. Higher costs are
concentrated among a small segment of
the industry. Estimated annual benefits
range from $1.0 billion to $2.5 billion.
These monetized benefits include
health benefits (reduction in cancer and
other illness), recreational benefits, and
administrative savings from reduced
pollutant loadings in biosolids.
Risks:
EPA estimates that compliance with
this regulation will reduce the annual
discharge of conventional pollutants by
at least 115 million pounds, priority
pollutants by 12 million pounds, and
non-conventional metal and organic
pollutants by 43 million pounds. These
reductions represent significant
improvements in water quality. The
amounts are substantial in terms of
point source controls.
Timetable:
Action
Date
FR Cite
NPRM (Phase 1) 05/30/95 60 FR 28210
NPRM (Consolidated 10/00/00
Phase 1 and 2)
Final Action 12/00/02
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local
Additional Information:
SAN No. 2806
For more information on Metal
Products and Machinery on the
Internet, please visit:
http://www.epa.gov/ost/guide/mpm/
index.html
Sectors Affected:
332 Fabricated Metal Product
Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 337 Furniture and
Related Product Manufacturing; 339
Miscellaneous Manufacturing
Agency Contact:
Shari Barash
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-7130
Fax: 202 260-7185
Email: barash.shari@epa.gov
Mike Ebner
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-5397
Fax: 202 260-7185
Email: ebner.michael@epa.gov
RIN: 2040-AB79
EPA
126. EFFLUENT GUIDELINES AND
STANDARDS FOR FEEDLOTS POINT
SOURCE CATEGORY, AND NPDES
REGULATION FOR CONCENTRATED
ANIMAL FEEDING OPERATIONS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
33 USC 1318 CWA sec 308; 33 USC
1342 CWA sec 402; 33 USC 1317 CWA
sec 307; 33 USC 1311 CWA sec 301;
33 USC 1314 CWA sec 304; 33 USC
1316 CWA sec 306; 33 USC 1361 CWA
sec 501
CFR Citation:
40 CFR 412; 40 CFR 122.23
Legal Deadline:
NPRM, Judicial, December 15, 2000.
Final, Judicial, December 15, 2002.
Abstract:
Feedlot operations are covered by
existing effluent guidelines at 40 CFR
412 and concentrated animal feeding
operations (CAFOs) are covered by
permitting regulations at 40 CFR
122.23. This action will revise the
existing effluent guidelines to address
swine, poultry, beef, and dairy cattle
operations and the NPDES regulation
for concentrated animal feeding
operations. The existing regulations,
which require the largest confined
animal feeding operations to achieve
zero discharge of wastes to surface
waters except for certain storm related
discharges, have not been sufficient to
resolve water quality impairment from
feedlot operations. Feedlot operations
are substantial contributors of nutrients
in surface waters that have severe
anoxia (low levels of dissolved oxygen)
and problem algae blooms.
Statement of Need:
Since the existing CAFO regulations
were promulgated in the 1970s, the
animal production industry-has
changed significantly, rendering the
regulations less effective in protecting
water quality than is needed.
Contamination of surface water results
from breaches of lagoons, runoff from
feedlots, direct contact of animals with
surface water, and manure applied to
land in excess of crop nutrient needs.
Nutrients, most notably nitrogen and
phosphorus, are essential for profitable
crop and animal agriculture. However,
nitrogen and phosphorus export in
watershed runoff can accelerate the
eutrophication of surface waters. Rapid
growth and intensification of animal
production in many areas has created
regional imbalances in nutrient inputs
and nutrient output. In many of these
areas, nutrients produced in animal
manure exceed crop needs and pose
risks to the environment.
Summary of Legal Basis:
The Clean Water Act (CWA) authorizes
EPA to establish and to revise, if
appropriate, effluent limitations
guidelines and standards to regulate the
quality of point source discharges. The
Act also authorizes EPA to promulgate
implementing regulations for the
NPDES permitting program. EPA is also
required to revisit these effluent
guidelines to satisfy a provision in a
consent decree entered in settlement of
Natural Resources Defense Council et
al. v. Reilly, (D.D.C. No. 89-2980). In
addition, the proposed revisions to the
NPDES implementing regulations for
CAFOs will satisfy an obligation in a
settlement agreement associated with
the same case.
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73476 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
Alternatives:
The CWA requires effluent guidelines
to be established on a technology basis.
Limitations are generally based on the
performance of specific technology
levels, such as the best available
technology economically achievable.
For animal feeding operations, EPA is
considering a range of regulatory
alternatives that includes management
practices, traditional pollution control
technologies, and alternative
technologies/practices that recover the
energy value or alter the
handling/marketability characteristics
of animal wastes. EPA is also
considering whether alternative
pollution control requirements should
be established for smaller animal
feeding operations.
The NPDES regulation for CAFOs
defines which facilities are covered by
the permit regulation, and will specify
the permit requirements necessary to
protect water quality. EPA is
considering adding additional animal
types to its definition, and is
considering amending the size facility
or conditions that define which
facilities are CAFOs subject to
permitting. Permit requirements that
address land application of manure are
also being considered.
Anticipated Cost and Benefits:
The types of benefits associated with
revisions to effluent guidelines for
animal feeding operations chiefly
involve improvements to surface water
quality. Reduced risks to human health
are expected to result from these
improvements. Surface water benefits
will principally derive from reduced
loadings of nutrients in runoff from
animal confinement, manure storage,
and land applications areas. Discharges
of metals and pathogens to surface
waters will also be reduced. This
reduction in pathogens will result in
fewer beach and shellfish bed closings.
The costs associated with this
regulation will include capital expenses
to purchase or install facility upgrades
to the existing manure storage
structures and feedlot stormwater
diversions; transportation of manure
off-site; and fees for preparation of
nutrient management plans. There may
be capital expenditures associated with
manure application equipment.
Risks:
The changes under consideration for
effluent guidelines will reduce adverse
water quality impacts caused by runoff
from animal feeding operations, thereby
reducing risks to aquatic habitat and
public health.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/00
12/00/02
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 4153
Sectors Affected:
11221 Hog and Pig Farming; 11232
Broilers and Other Meat Type Chicken
Production; 11231 Chicken Egg
Production; 112112 Cattle Feedlots;
11212 Dairy Cattle and Milk
Production; 11241 Sheep Farming;
11233 Turkey Production; 11292 Horse
and Other Equine Production; 11239
Other Poultry Production
Agency Contact:
Jan Goodwin
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-7152
Fax: 202 260-7185
Email: goodwin.janet@epa.gov
Karen Metchis
Environmental Protection Agency
Water
4203
Washington, DC 20460
Phone: 202 260-7069
Fax: 202 260-1460
Email: metchis.karen@epa.gov
RIN: 2040-AD19
EPA
127. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG-TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal goverments and the private
sector.
Legal Authority:
40 USC 300g-l(b); SDWA 1412(b); 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 in drinking water. It is being
developed simultaneously with the
Stage 2 Disinfectants and Disinfection
Byproducts Rule (DBPR) which will
address risk caused by the use of
disinfectants in drinking water. This
rule could affect all public water
systems that use surface water as a
source. Promulgating the LT2ESWTR
and the Stage 2 DBPR as a paired
rulemaking is necessary to ensure that
adequate protection from microbial risk
is maintained while EPA manages risk
from disinfection byproducts. EPA is
required to promulgate the Stage 2
DBPR by May 2002, under the 1996
Safe Drinking Water Act amendments.
In developing the LT2ESWTR, EPA will
analyze a significant body of new
survey data on microbial pathogens in
source and finished waters, as well as
data on parameters which could serve
as indicators of microbial risk. This
survey data, which was collected under
the Information Collection Rule (ICR),
Supplemental Surveys to the ICR, and
additional research projects, will
provide a substantially more
comprehensive and complete picture of
the occurrence of waterborne pathogens
than was available previously. EPA will
also use significant new data on the
efficiency of treatment processes for the
removal and inactivation of
microorganisms, as well as new
information on the pathogenicity of
certain pathogens, to determine
effective regulatory requirements for
controlling microbial risk. On March
30, 1999, EPA established a committee
of stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these
rules. The FACA committee is
scheduled to make recommendations
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73477
on rule options to EPA in September
2000.
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 protozoon
which causes cryptosporidiosis, a
severe gastrointestinal disease. While
cryptosporidiosis is generally self-
limiting in healthly individuals, it can
be fatal for people with compromised
immune systems. Cryptosporidium is
removed to a degree by nitration 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 Informaction
Collection Rule (ICR) and ICR
Supplemental Surveys. These data
indicate that a subset of drinking water
systems have an unacceptably high risk
for Cryptosporidium in their treated
water. The LT2ESWTR is intended to
identify systems at high risk for
Cryptosporidium through monitoring
and prescribe an appropropriate level •
of additional treatment. In addition, the
LT2ESWTR will be promulgated
simultaneously with the Stage 2
Disinfectants and Disinfection
Byproducts Rule (DBPR). This will help
to ensure that drinking water utilities
do not compromise adequate microbial
protection while they take steps to
control DBFs.
Summary of Legal Basis:
Section 1412(b)(7)(A) of SDWA allows
the Administrator to promulgate a
national primary drinking water
regulation that requires the use of a
treatment technique in establishing a
maximum contaminant level if the
Adminsitrator makes a rinding that it
is not feasible to ascertain the level of
the contaminant. The MCLG for
Cryptosporidium is zero and it is not
feasible for public water systems to
measure Cryptosporidium
concentrations in treated water.
Consequently, under section
1412(b)(l)(A), the Administrator may
establish a treatment technique for
Cryptosporidium if this presents a
meaningful opportunity for health risk
reduction. In addition, section
1412(b)(2KQ of SDWA, as amended in
1996, requires EPA to promulgate a
Stage 2 Disinfectants/Disinfection
Byproducts Rule no later than May
2002. Although the 1996 Amendments
do not require EPA to finalize a Long
Term 2 Enhanced Surface Water
Treatment Rule along with the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
it is important to finalize these rules
together.
Alternatives:
The major components of the
LT2ESWTR are being developed by a
committee convened under the Federal
Advisory Committee Act (FACA). The
FACA has considered various rule
scenarios to reduce risk from
Cryptosporidium. These scenarios have
included treatment requirements that
would apply to all systems, such as
requiring all conventional plants to
acheive 2-log inactivation of
Crpytosporidium. 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 and the FACA are 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 will
have an annual economic impact of
$100 million or more. The majority of
people (approximately 67 percent) are
served by public water systems that use
a surface water or groundwater under
the direct influence of surface water.
Thus, a large number of people will
benefit from the LT2ESWTR. 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. Survey
data indicate that Cryptosporidium is
high 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
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 4341
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Thomas Grubbs
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.thomas@epa.gov
Dan Schmelling
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-1439
Fax: 202 401-6135
Email: schmelling.dan@epa.gov
RIN: 2040-AD37
EPA
128. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTANTS/DISINFECTION
BYPRODUCTS RULE
Priority:
Economically Significant. Major under
5 USC 801.
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73478 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
Unfunded Mandates:
This action may affect State, local or
tribal goverments and the private
sector.
Legal Authority:
42 USC 300J-11; 42 USC 300g-5; 42
USC 300g-6; 42 USC 300J-4; 42 USC
300J-9; 42 USC 300g-4; 40 USC 300g-
l(b); SDWA 1412(b); 42 USC 300f; 42
USC 300g-2; 42 USC 300g-3
CFR Citation:
40 CFR 141 to 142; 40 CFR 9
Legal Deadline:
Final, Statutory, May 31, 2002, SDWA
1412(b)(2)(A) imposes date for final
rule promulgation.
Abstract:
The 1996 Safe Drinking Water Act
Amendments require EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule (Stage 2 DBPR) by May 2002. EPA
plans to propose this rule in May 2001.
The regulation, along with a Long Term
2 Enhanced Surface Water Treatment
Rule (LT2ESWTR) that will be
promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and nontransient
noncommunity water systems
(NTNCWSs). Promulgating the
LT2ESWTR and the Stage 2 DBPR as
a paired rulemaking is necessary to
ensure that adequate protection from
microbial risk is maintained while EPA
manages risk from disinfection
byproducts. In developing the Stage 2
DBPR, EPA will analyze a significant
body of new survey data on source
water quality parameters, treatment
data and disinfection byproduct
occurrence. This survey data, which
was collected under the Information
Collection Rule (ICR), Supplemental
Surveys to the ICR, and additional
research projects, will provide a
substantially more comprehensive and
complete picture of the occurrence of
DBPs and microbiological pathogens
than was available previously. EPA will
also use new information on the health
effects of exposure to DBPs to
determine effective regulatory
requirements for controlling risk. On
March 30, 1999, EPA established a
committee of stakeholders under the
Federal Advisory Committee Act
(FACA) to assist in the development of
these rules. The FACA committee is
scheduled to make recommendations
on rule options to EPA in September
2000.
Statement of Need:
The purpose of the Stage 2
Disinfectants/Disinfection Byproducts
Rule (DBPR) is to reduce potential
health risks posed by disinfection
byproducts (DBPs). Certain DBPs 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 May 2002. Although
the 1996 Amendments do not require
EPA to finalize a Long Term 2
Enhanced Surface Water Treatment
Rule along with the Stage 2
Disinfectants and Disinfection
Byproducts Rule, Congress did
emphasize the importance of ensuring
proper balance between microbial and
DBF risks and, therefore, EPA believes
it is important to finalize these rules
together.
Alternatives:
The major components of the Stage 2
DBPR are being developed by a
committee convened under the Federal
Advisory Committee Act (FACA). The
FACA has considered various rule
scenarios to achieve reductions in
disinfection byproduct exposure. These
alternatives have included: 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(HAAS)) 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 $100 million or more. 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 DBPs. 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 the
large number of people exposed to
DBPs, there is a substantial concern for
any risks associated with DBPs that
may impact public health. EPA
estimates that the Stage 2 DBPR will
decrease exposure to DBPs on average
but more importantly, the rule will
significantly reduce exposure to peak
occurrences of DBPs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Governmental Jurisdictions,
Organizations, Businesses
Government Levels Affected:
Tribal, Federal, State, Local
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
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73479
Agency Contact:
Thomas Grubbs
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: giubbs.thomas@epa.gov
Jennifer McLain
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-0431
Fax: 202 401-6135
Email: mclain.jennifer@epa.gov
RIN: 2040-AD38
EPA
129. • MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT
Priority:
Economically Significant
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
33 USC 1311 CWA sec 301; 33 USC
1316 CWA sec 306; 33 USC 1326 CWA
sec 316; 33 USC 1361 CWA sec 501
CFR Citation:
40 CFR 9, 122, 123, 124 and 125
Legal Deadline:
NPRM, Judicial, July 20, 2001, See
additional information.
Abstract:
This proposed rulemaking will apply to
the intake of water by existing facilities
with cooling water intake structures.
Section 316(b) of the Clean Water Act
provides that any standard established
pursuant to sections 301 or 306 of the
Clean Water Act and applicable to a
point source shall require that the
location, design, construction, and
capacity of cooling water intake
structures reflect the best technology
available for minimizing adverse
environmental impact. A primary
purpose of the rulemaking is to
minimize the impingement and
entrainment of fish and other aquatic
organisms by cooling water intake
structures. Impingement refers to
trapping fish and other aquatic life
against cooling water intake screens.
Entrainment occurs when aquatic
organisms, eggs, and larvae are drawn
into the cooling system through the
heat exchanger, and then pumped back
out, often with significant injury or
mortality to the entrained organisms.
Statement of Need:
In the absence of the required national
regulations, permit directors have
implemented cooling water intake
limitations incompletely and
inconsistently. Literally tons of fish and
other aquatic organisms may be
cropped annually as a result of cooling
water intake structures at a single large
facility.
Summary of Legal Basis:
This action is required under consent
decree in settlement of Cronin, et al.
v. Reilly, 93 Civ. 0314 (ACS) (U.S.D.C.,
Southern District of New York, October
10, 1995).
Alternatives:
The analysis will cover various sizes
and types of potentially regulated
facilities. EPA is considering whether
to regulate site-by-site, nationally, or on
the basis of broad categories of water
body types.
Anticipated Cost and Benefits:
Costs are undetermined. A qualitative
assessment of benefits at several large
facilities indicates the potential for
significant benefits when large intakes
are controlled. Costs and benefits are
generally expected to be smaller at
facilities that use smaller amounts of
cooling water.
Risks:
Cooling water intake structures may
pose significant risks for aquatic
ecosystems.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/01
05/00/02
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4474
Split from REN 2040-AC34.
Deadline for final action is the subject
of settlement discussions.
Sectors Affected:
331111 Iron and Steel Mills; 331221
Cold-Rolled Steel Shape Manufacturing;
331222 Steel Wire Drawing; 33121 Iron
and Steel Pipes and Tubes
Manufacturing from Purchased Steel;
331315 Aluminum Sheet, Plate and
Foil Manufacturing; 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries; 331525 Copper Foundries;
322121 Paper (except Newsprint) Mills;
32213 Paperboard Mills; 32411
Petroleum Refineries; 325311
Nitrogenous Fertilizer Manufacturing;
325199 All Other Basic Organic
Chemical Manufacturing
Agency Contact:
Deborah Nagle
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-2656
Fax: 202 260-7185
Email: nagle.deborah@epa.gov
J. T. Morgan
Environmental Protection Agency
Water
4303
Washington, DC 20460
Phone: 202 260-6015
Fax: 202 260-7185
Email: morgan.james@epa.gov
RIN: 2040-AD62
EPA
130. • CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
PL 104-13; PL 105-277
CFR Citation:
40 CFR 3 (New); 40 CFR 9 (Revision)
Legal Deadline:
None
Abstract:
The Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule will
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73480 Federal Register /Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
provide a uniform legal framework for
paperless electronic reporting and
recordkeeping, including electronic
signature/certification, across EPA's
environmental compliance programs.
The rule will both remove current legal
requirements for paper that create
obstacles to electronic reporting and
recordkeeping and provide for
mechanisms to assure the legal validity
and authenticity of electronic
documents and associated electronic
signatures, whether transmitted as
reports or maintained as records. This
rule is important because the legal and
electronic signature issues remain the
chief obstacle to implementation of
paperless electronic reporting, and
affect the overall enforceability of
environmental programs both federally
and under State delegation/
authorization. Also, the Government
Paperwork Elimination Act of 1998
requirements and the Administrator's
Reinventing Environmental Information
(REI) Action Plan goal of universal ER
availability by 2003 can only be met
if this rulemaking has active
participation by the AA-ships and
moves on a fast track.
Statement of Need:
EPA is required by the Government
Paperwork Elimination Act (GPEA) of
1998 to provide electronic reporting
and recordkeeping as an option to its
regulated community by 2003. To meet
this deadline and comply with GPEA,
the legal framework for electronic
reporting must be in place by that time.
The CROMERR rule is necessary to
establish the legal framework to: (1)
remove legal obstacles to electronic
reporting and recordkeeping under
most EPA regulations; and (2) assure
that these electronic documents will
have the same legal and evidentiary
force as their paper counterparts.
Electronic Reporting is also a capstone
of the Administration's Reinventing
Government Initiative and the
Administrator's Integrated Information
Initiative (13).
Summary of Legal Basis:
(1) Government Paperwork Elimination
Act (GPEA) of 1998. GPEA requires
Federal agencies to provide electronic
reporting and recordkeeping to its
regulated community by 2003. (2)
Electronic Signature National and
Global Commerce Act (ESIGN), June 30,
2000. This law eliminates legal barriers
to the use of electronic technology to
form and sign contracts, collect and
store documents, and send and receive
notices and disclosures. ESIGN applies
broadly to Federal statutes and
regulations governing private sector
(including business-to-business and
business-to-consumer) activities. In
general, it does not cover activities that
are primarily governmental, which are
governed by GPEA. ESIGN begins to
take effect on October 1, 2000.
Alternatives:
The alternative to an EPA cross-media
rule that applies to most compliance
reports under 40 CFR, would be
individual rulemakings by each of the
program offices. EPA's past experience
with such rulemakings has
demonstrated that such a course of
action would not bring EPA in
compliance with GPEA by the 2003
deadline.
EPA
FINAL RULE STAGE
Timetable:
Action
NPRM
Final Action
Date
1 1/00/00
11/00/01
FR Cite
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 4270
Fomerly listed as RIN 2020-AA41.
Agency Contact:
Evi Huffer
Environmental Protection Agency
Office of Environmental Information
2823
Washington, DC 20460
Phone: 202 260-8791
Fax: 202 401-0182
Email: huffer.evi@epa.gov
David Schwarz
Environmental Protection Agency
Office of Environmental Information
2823
Washington, DC 20460
Phone: 202 260-2710
Fax: 202 401-0182
Email: schwarz.david@epa.gov
RIN: 2025-AA07
131. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
PL 104-134; PL 105-65
CFR Citation:
40 CFR 35
Legal Deadline:
None
Abstract:
This proposed regulation: (1) updates,
clarifies, and streamlines requirements
governing environmental program
grants; (2) establishes requirements for
the new Performance Partnership Grant
(PPG) program; and (3) establishes
requirements for grant programs that
began after the original rule was
published. (A regulation governing
environmental program grants to Indian
tribes and tribal consortia is published
elsewhere in this issue of the Federal
Register.)
Statement of Need:
Since EPA was formed in 1970, State
capacity and responsibility for
implementing environmental and
public health protection programs has
grown steadily. Until 1996, State and
interstate agencies could receive EPA
assistance in carrying out their
environmental programs only through a
variety of categorical environmental
grants, such as grants for water
pollution control, air pollution control,
and hazardous substance control.
Meanwhile, environmental problems
and their solutions have grown more
complex and solutions to these
complex problems often crossed EPA
program lines. In light of this
complexity, State and EPA leaders
recognized that continued
environmental progress could be best
achieved if EPA and States worked
together more effectively as partners
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73481
and environmental programs were
made more flexible in terms of their
coverage.
In response, EPA asked Congress for
new authority that would provide that
needed flexibility. In 1996, Congress
authorized the award of Performance
Partnership Grants (PPGs), in which
State and interstate agencies can choose
to combine two or more environmental
program grants.
This proposed rule will implement the
PPG program which promotes State-
EPA collaboration; provides
opportunities for innovation; and
reduces paperwork. EPA expects the
rule will foster joint planning and
priority-setting by explicitly requiring
that State priorities and needs be
considered, along with national and
regional guidance, in negotiating grant
work plans, consistent with the
National Environmental Performance
Partnership System (NEPPS). Under
this rule, a State can choose to organize
its grant work plans in accord with
environmental goals and objectives or
in other new ways rather than using
categories predefined by EPA. The
length of a grant budget period will be
negotiable. These opportunities
afforded by the PPG program and this
rule are available to all States.
This rule accommodates all potential
variations in how EPA and individual
States work to build partnerships. The
rule also minimizes duplicative effort
by allowing for multiple uses of
information or processes wherever
appropriate. The regulation advances
ongoing efforts to build more effective
State-EPA partnerships and to improve
environmental conditions by providing
States with increased flexibility to
direct resources where they are needed
most to address environmental and
public health needs.
Summary of Legal Basis:
Not required by law or court order.
Alternatives:
EPA can continue to award PPGs under
guidance prepared by the agency and
announced in the Federal Register.
Anticipated Cost and Benefits:
The rule does not result in any new
costs. It is expected to allow cost and
administrative savings for States by
reducing the amount of grant
paperwork and by simplifying
accounting requirements that do not
require recipients to account for
expenditures in accordance with their
original funding sources. With PPGs,
recipients can negotiate work plans
with EPA that direct Federal funds
where the recipients need them most
to address environmental and public
health problems. Recipients can also try
new multimedia approaches and
initiatives, such as children's health
protection programs, multimedia
inspections, compliance assistance
programs, and ecosystem management,
that were difficult to fund under
traditional categorical grants.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/23/99 64 FR 63731
01/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local
Procurement:
This is a procurement-related action for
which there is no statutory
requirement. There is no paperwork
burden associated with this action.
Additional Information:
SAN No. 3736
Agency Contact:
Scott McMoran
Environmental Protection Agency
Administration and Resources
Management
3903R
Washington, DC 20460
Phone: 202 564-5376
RIN: 2030-AA55
EPA
132. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
PL 104-134; PL 105-65
CFR Citation:
40 CFR 35
Legal Deadline:
None
Abstract:
This proposed regulation will: (l)
update, clarify, and streamline
requirements governing environmental
program grants; (2) establish
requirements for the new Performance
Partnership Grant (PPG) program; and
(3) establish requirements for grant
programs that were developed after the
original rule was published. (EPA is
also issuing a regulation governing
environmental program grants to State
and interstate agencies.)
Statement of Need:
This regulation provides a tribal-
specific subpart which is intended to
be easy to use; optimizes the
administration of tribal assistance
programs through increased flexibility;
and removes procedural impediments
to effective environmental programs for
Indian tribes.
Since EPA was formed in 1970, tribal
capacity and responsibility for
implementing environmental and
public health protection programs has
grown steadily. Until 1996, tribes and
intertribal consortia could receive EPA
assistance in carrying out their
environmental programs only through a
variety of categorical environmental
grants, such as grants for water
pollution control, air pollution control,
and safe drinking water. During that
time, environmental problems and their
solutions grew more complex and
solutions to those complex problems
often crossed EPA program lines. In
light of this complexity, tribal and EPA
leaders recognized that continued
environmental progress could be best
achieved if EPA and the tribes worked
together more effectively as partners
and environmental programs were
made more flexible in terms of their
coverage.
In response, EPA asked Congress for
new authority that would provide that
needed flexibility. In 1996, Congress
authorized the award of Performance
Partnership Grants (PPGs), in which
tribes and intertribal consortia can
choose to combine two or more
environmental program grants.
This proposed rule will implement the
PPG program which promotes tribal-
EPA collaboration; provides
opportunities for innovation; and
reduces paperwork. EPA expects the
rule will foster joint planning and
priority-setting by explicitly requiring
that tribal priorities and needs be
considered, along with national and
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73482 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
regional guidance, in negotiating grant
work plans, consistent with the
National Environmental Performance
Partnership System (NEPPS). Under
this rule, a tribe can choose to organize
its grant work plans in accord with
environmental goals and objectives or
in other new ways rather than using
categories predefined by EPA. The
length of a grant budget period will be
negotiable. These opportunities
afforded by the PPG program and this
rule are available to all tribes which
receive grants under more than one
EPA environmental program.
This rule accommodates all potential
variations in how EPA and individual
tribes work to build partnerships. The
rule also minimizes duplicative effort
by allowing for multiple uses of
information or processes wherever
appropriate. The regulation advances
ongoing efforts to build more effective
tribal-EPA partnerships and to improve
environmental conditions by providing
tribes with increased flexibility to
direct resources where they are needed
most to address environmental and
public health needs.
Summary of Legal Basis:
Not required by law or court order.
Alternatives:
EPA can continue to award PPGs under
guidance prepared by the agency and
announced in the Federal Register.
Anticipated Cost and Benefits:
The rule does not result in any new
costs. It is expected to achieve cost and
administrative savings for tribes by
reducing the amount of grant
paperwork and by simplifying
accounting requirements that do not
require recipients to account for
expenditures in accordance with their
original funding sources. With PPGs,
recipients can negotiate work plans
with EPA that direct Federal funds
where the recipients need them most
to address environmental and public
health problems. Recipients can also try
new multimedia approaches and
initiatives, such as children's health
protection programs, multimedia
inspections, compliance assistance
programs, and ecosystem management,
that were difficult to fund under
traditional categorical grants.
Risks:
There are no known risks.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/23/99 64 FR 63732
01/00/01
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, Tribal
Procurement:
This is a procurement-related action for
which there is no statutory
requirement. There is no paperwork
burden associated with this action.
Additional Information:
SAN No. 4128
Agency Contact:
Michelle McClendon
Environmental Protection Agency
Administration and Resources
Management
3903R
Washington, DC 20460
Phone: 202 564-5357
Fax: 202 565-2470
Email: mcclendon.michelle@epa.gov
RIN: 2030-AA56
EPA
133. IMPLEMENTATION OF OZONE
AND PARTICULATE MATTER (PM)
NATIONAL AMBIENT AIR QUALITY
STANDARDS (NAAQS) AND
REGIONAL HAZE REGULATIONS
Priority:
Other Significant
Legal Authority:
Clean Air Act, title I
CFR Citation:
40 CFR 50; 40 CFR 51; 40 CFR 52; 40
CFR 81
Legal Deadline:
None
Abstract:
On July 18, 1997, EPA issued new,
updated air quality standards for ozone
(62 FR 38856) and particulate matter
(PM) (62 FR 38652). Pursuant to
President Clinton's implementation
strategy as outlined in a July 16, 1997
memorandum to EPA Administrator
Carol Browner, EPA had been
developing guidance and rules for
sensibly and cost-effectively meeting
the new standards. On November 17,
1998, EPA made available for comment
proposed implementation guidance on
implementing the revised ozone and
PM NAAQS and regional haze program.
On May 14, 1999, however, the U.S.
Court of Appeals for the B.C. Circuit
issued an opinion concerning the
revised ozone and particulate matter
NAAQS (American Trucking Assoc.,
Inc. et al. v. USEPA, No. 97-1440 (May
14, 1999)) in which the Court stated,
among other things, that the revised 8-
hour ozone standard "cannot be
enforced." The Court also vacated the
revised PM10 NAAQS and remanded
the PM2.5 NAAQS. On June 28, 1999,
EPA requested a rehearing of the case
before the Court, but the request was
denied. The Department of Justice then
filed a petition in January 2000 seeking
U.S. Supreme Court review, and the
Court subsequently agreed to review
the case. EPA expects a decision from
the Supreme Court in early to mid-
2001. Until the appeals process is
exhausted, EPA does not intend to
issue final guidance for implementation
of the standards affected by the
Appeals Court's decision. Once the
Supreme Court renders a decision, EPA
will determine what actions may be
appropriate. Meanwhile, to assure that
areas were not left without an air-
quality standard, EPA took action on
7/6/00 to reinstate the previous 1-hr
standard in approximately 3000
counties across the United States. EPA
is also developing guidelines for
determining Best Available Retrofit
Technology (BART) under the Regional
Haze Regulations through a formal
rulemaking proposal (see SAN 4450 in
today's regulatory agenda).
Statement of Need:
Development of programs for ozone and
PM are necessary to implement any
revised NAAQS under title 1 of the
Clean Air Act.
Summary of Legal Basis:
Title I of the Clean Air Act
Alternatives:
This entry comprises the set of actions
the Agency plans to take to implement
the new ozone and fine particulate
standards. The major alternative facing
the Agency was whether to implement
the standards strictly on a state-by-state
basis, as has been the norm in the past,
or to take Federal action to address the
fact that emissions from one State affect
the ability of other States to achieve
the standards. The other major set of
alternatives involved various possible
strategies for infrastructure design, such
as the designations of nonattainment
areas and the requirements that will
apply to them. The major issues in this
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73483
area were settled by the July 1997
issuance of a Presidential Directive
setting out a flexible implementation
policy, the elements of which are
summarized in the abstract above.
Anticipated Cost and Benefits:
EPA prepared a regulatory impact
analysis (RIA] for the final ozone and
PM NAAQS, as well as the regional
haze reduction program.
Risks:
The risks addressed by this
implementation plan are those of not
attaining the National Ambient Air
Quality Standards for Ozone and
Particulate Matter.
Timetable:
Action
Date
FR Cite
ANPRM
12/13/96
Notice Proposed 12/13/96
Policy
NPRM Regional Haze 07/31/97
Notice Review 10/23/97
Schedule for PM2.5
Standard
61 FR 65764
61 FR 65752
62 FR 41138
62 FR 55201
Final Rule - Areas 06/05/98 63 FR 31013
Meeting 1-Hour
Ozone Standard
Final Rule - Additional 07/22/98 63 FR 39432
Areas Meeting 1 -
Hour Ozone
Standard
Draft Guidance - 11/17/98 63 FR 65593
Implementation
Planning
Final Rule - Additional 06/09/99 64 FR 30911
Areas Meeting 1 -
Hour Ozone
NAAQS: 96-98
Data
Final Rule - Regional 07/01/99 64 FR 35713
Haze
Final Action- 07/20/00 65 FR 45182
Reinstatement of 1 -
Hour Standard
Final Guidance on To Be Determined
Hold Pending Court
Action
Regulatory Flexibility Analysis
Required:
No
Government Levels Affected:
State
Additional Information:
SAN No. 3553
Agency Contact:
Denise Gerth
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
John Silvasi
Environmental Protection Agency
Air and Radiation
MD-15
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
RIN: 2060-AF34
EPA
134. ENVIRONMENTAL RADIATION
PROTECTION STANDARDS FOR
YUCCA MOUNTAIN, NEVADA
Priority.
Other Significant
Legal Authority:
Energy Policy Act sec 801
CFR Citation:
40 CFR 197
Legal Deadline:
NPRM, Statutory, August 1, 1996.
Abstract:
This rulemaking is in response to
section 801 of the Energy Policy Act
of 1992 which directs the
Administrator to promulgate public
health and safety standards for
protection of the public from releases
from radioactive materials stored or
disposed of in the repository at the
Yucca Mountain site. The only
regulated entity is the U.S. Department
of Energy.
Statement of Need:
In 1985, the Agency issued generic
standards for the management and
disposal of spent nuclear fuel and high-
level radioactive waste. The Nuclear
Waste Policy Amendments Act of 1987
mandated the study of Yucca
Mountain, Nevada, to determine its
suitability to be a repository for spent
nuclear fuel and high-level radioactive
waste. The Waste Isolation Pilot Plant
Land Withdrawal Act of 1992 exempted
Yucca Mountain from coverage under
the 1985 generic standards.
Concurrently, the Energy Policy Act of
1992 gave EPA the responsibility of
setting site-specific, radiation-
protection standards for Yucca
Mountain.
Summary of Legal Basis:
The legal authority is derived from the
Energy Policy Act of 1992.
Alternatives:
Since this action is legally mandated,
there are no alternatives.
Anticipated Cost and Benefits:
Since the potential cost is dependent
upon several factors whose
determination has not yet been made,
a precise assessment of the economic
impact of the rulemaking is not
possible at this time. Likewise, the
benefits, i.e., the adverse effects averted
(which are required to complete a cost-
benefit analysis), cannot be determined
in a meaningful manner at this time
since the effect of these standards is
to avert potential adverse health effects
that may occur during very long
periods into the future and are,
therefore, quantifiable only with a high
degree of uncertainty.
Risks:
The maximum allowable lifetime risk
which would be allowed under these
standards is 3 chances in 10,000 in
contracting a fatal cancer, which is the
upper end of what the Agency deems
an acceptable risk. In addition, we have
proposed a seperate protection for
ground water resources at levels
established by the Safe Drinking Water
Act.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/27/99 64 FR 46976
12/00/00
Regulatory .Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal
Additional Information:
SAN No. 3568
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73484 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
Agency Contact:
Ray Clark
Environmental Protection Agency
Air and Radiation
6608J
Washington, DC 20460
Phone: 202 564-9198
Fax: 202 565-2065
Email: clark.ray@epa.gov
RIN: 2060-AG14
EPA
135. CONSOLIDATED FEDERAL AIR
RULE FOR THE SYNTHETIC ORGANIC
CHEMICAL MANUFACTURING
INDUSTRY
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 7401 et seq
CFR Citation:
40 CFR 60; 40 CFR 61; 40 CFR 63; 40
CFR 65
Legal Deadline:
None
Abstract:
Over the past 25 years, EPA has issued
a series of national air regulations,
many of which affect the same facility.
Each rule has emission control
requirements as well as monitoring,
recordkeeping, and reporting
requirements. All existing Federal air
rules applicable to an industry sector
will be reviewed to determine whether
their provisions can be consolidated
into a single new rule. Affected
industries, State agencies, and other
stakeholders will be consulted to
identify duplicative provisions. The
chemical industry and State
representatives have agreed to work on
a pilot project with EPA's air programs
to explore this approach. If the
approach is successful with the
chemical industry, it may be expanded
to air rules for other industry sectors.
Statement of Need:
Both industry and regulatory agencies
have expressed a great desire to
streamline and simplify rules. This rule
streamlines and simplifies by
consolidating and collapsing the
numerous Federal rules that apply to
the chemical industry, with resulting
improved compliances.
Summary of Legal Basis:
Clean Air Act sections 111 and 112
Alternatives:
The main alternative is to do nothing
and let the many rules with their many
provisions remain the only compliance
mechanism.
Anticipated Cost and Benefits:
This rule will result in considerable
savings to the affected industry. There
is significant burden reduction
associated with recordkeeping and
reporting. The rule will be easier to
follow and understand. There will be
no change in applicability of the rules
being consolidated.
Risks:
This rulemaking deals with
consolidated reporting to simplify
existing rules. The risks addressed by
each of these existing rules were
addressed in those individual
rulemakings.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/28/98 63 FR 57748
10/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
None
Additional Information:
SAN No. 3748
Agency Contact:
Susan Wyatt
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
Rick Colyer
Environmental Protection Agency
Air and Radiation
MD-13
Research Triangle Park, NC 27711
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
RIN: 2060-AG28
EPA
136. HEAVY-DUTY ENGINE EMISSION
STANDARDS AND DIESEL FUEL
SULFUR CONTROL REQUIREMENTS
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
Not Yet Determined
CFR Citation:
Not Yet Determined
Legal Deadline:
None
Abstract:
This rulemaking will set new quality
requirements for fuel used in diesel
engines in order to bring about large
environmental benefits through the
enabling of a new generation of diesel
emission control technologies.
Improving the quality of diesel fuel will
enable advanced technologies for diesel
emission control. These advanced
sulfur-sensitive technologies have the
potential to reduce diesel engine NOx
emissions by 75 percent and PM
emissions by 80 percent or more. A key
approach taken in developing the "Tier
II" standards (Tier H Light-Duty Vehicle
and Light-Duty Truck Emission
Standards and Gasoline Sulfur
Standards — see RIN 2060-AI23 in this
Regulatory Plan) was "fuel-neutrality"
— applying standards equally to diesel-
and gasoline-powered vehicles.
Reducing sulfur levels in highway
diesel fuel will help facilitate
development of diesel-powered
vehicles that meet these standards. This
rulemaking will also set new heavy
duty NOx and PM engine standards.
Low-sulfur diesel fuel is needed so that
advanced technology for diesel engines
will be available to meet new more
stringent standards. There are also
additional air quality benefits such as
particulate matter and sulfate
reductions associated with reducing
sulfur levels in diesel fuel.
Statement of Need:
Ozone and particulate pollution pose a
serious threat to the health and well-
being of millions of Americans and a
large burden to the U.S. economy. This
rulemaking will address additional
national control measures to reduce
emissions, including emissions of
nitrogen oxides, hydrocarbons, and
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73485
particulate matter, from heavy-duty
diesel engines, and will also require
reduced sulfur levels in diesel fuel, in
order to protect the public health and
welfare.
Summary of Legal Basis:
42 USC 7521; 42 USC 7545
Alternatives:
EPA analyzed several alternatives.
These are discussed in the notice of
proposed rulemaking.
Anticipated Cost and Benefits:
EPA's analysis of the costs and
emission reductions is described in the
proposed rule.
Risks:
The risks addressed by this program are
primarily those associated with
nonattainment of the National Ambient
Air Quality Standards for ozone and
particulate matter. There are also
serious public health and
environmental problems associated
with toxic air pollution, acid rain,
reduced visibility, and nitrogen loading
of estuaries.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
06/16/99
06/02/00
12/00/00
FR Cite
64 FR 32209
65 FR 35429
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses
Government Levels Affected:
None
Federalism:
Undetermined
Additional Information:
SAN No. 4355
Agency Contact:
Paul Machiele
Environmental Protection Agency
Air and Radiation
Ann Arbor, MI 48105
Phone: 734 214-4264
Fax: 734 214-4050
Email: machiele.paul@epa.gov
Don Kopinski
Environmental Protection Agency
Air and Radiation
QMS EPCD
Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4816
Email: kopinski.donald@epa.gov
BIN: 2060-AI69
EPA
137. PLANT-INCORPORATED
PROTECTANTS; FIFRA RULE AND
FFDCA TOLERANCE ACTIONS
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
21 USC 346(a) et seq; 7 USC 136 et
seq
CFR Citation:
40 CFR 152.20; 40 CFR 174
Legal Deadline:
None
Abstract:
Substances that plants produce to
protect themselves against pests are
pesticides under FIFRA if humans
intend to use them to destroy, prevent,
repel or mitigate any pest. The Agency
designates these substances, along with
the genetic material necessary to
produce them, plant-pesticides. This
rulemaking will change the name of
these pesticides to plant-incorporated
protectants and will clarify the
relationship between plants and plant-
incorporated protectants and exempt
conventional breeding. It will establish
a new part in title 40 of the CFR, part
174, which consolidates regulations
specific for plant-pesticides in one part
of the CFR. The proposed consolidation
is expected to benefit the public by
providing greater focus, enhanced
clarity and ease of use. These actions
may reduce burden on both the
regulated community and EPA.
Statement of Need:
In 1986, the Federal Government
announced in the Coordinated
Framework for Regulation of
Biotechnology (51 FR 23302 June 26,
1986) that it would use existing laws
in a coordinated fashion to regulate
products of biotechnology. Thus, the
EPA, which is responsible for
regulating the use of pesticides, would
be responsible for products of
biotechnology that are to be used as
pesticides. The rule is part of a program
to implement fully the Coordinated
Framework. The rule is needed to
ensure the safe application of
biotechnology to produce pesticidal
products. Some of the pesticides
produced and used in the living plant
(plant-incorporated protectants) may
pose the same types of environmental
and human health risks as do the
chemical, biochemical, and microbial
pesticides that are regulated by EPA.
Other risks may be unique to plant-
incorporated protectants. On the other
hand, all plant varieties have some
ability to resist pests and a frequent
aim of traditional plant breeding is
development of plant varieties for pest
resistance. Each of these abilities is
linked to plant-incorporated
protectants, if humans intend to use the
ability to prevent, destroy, repel or
mitigate pests. Without the exemption
in the rule, all plant-incorporated
protectants would have to be registered
under FIFRA. EPA evaluated for risk
plant-incorporated protectants in the
categories described in the options set
forth in the economic analysis. EPA
was able to determine that those plant-
incorporated protectants exempted
under option 3 of this economic
analysis warranted exemption at this
time.
Summary of Legal Basis:
The EPA regulates pesticides in the
United States. The principal legal
authority is established by the FIFRA.
This rule is promulgated under the
authority of FIFRA section 3 and
section 25(a) and (b) (7 U.S.C. 136a and
136w(a) and (b)). FIFRA section 3(a)
provides, with some exceptions, that no
person may distribute or sell in the
United States any pesticide that is not
registered under the Act (7 U.S.C.
136(a)). FIFRA section 2(u) defines
"pesticide" as: "(1) any substance or
mixture of substances intended for
preventing, destroying, repelling, or
mitigating any pest, (2) any substance
or mixture of substances intended for
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73486 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
use as a plant regulator, defoliant, or
desiccant, and (3) any nitrogen
stabilizer" (7 U.S.C. 136(u}). Under
FIFRA section 2(t), the term "pest"
includes "(1) any insect, rodent,
nematode, fungus, weed, or (2) any
other form of terrestrial or aquatic plant
or animal life or virus, bacteria, or
other microorganism" with certain
exceptions (7 U.S.C. 136(t)) Before EPA
may register a pesticide under FIFRA,
the applicant must show that the
pesticide "when used in accordance
with widespread and commonly
recognized practice, . . . will not
generally cause unreasonable adverse
effects on the environment" (7 U.S.C.
136(a)(c)(5)). Section 25(b)(2) of FIFRA
allows EPA to exempt, by regulation,
any pesticide from some or all the
requirements of FIFRA, if the pesticide
is of a character which is unnecessary
to be subject to FIFRA in order to carry
out the purposes of that Act (7 U.S.C.
136w(b)(2)). EPA interprets FIFRA
section 2 5 (b) (2) to authorize EPA to
exempt a pesticide or category of
pesticides that EPA determines poses
a low probability of risk to the
environment, and that is not likely to
cause unreasonable adverse effects to
the environment even in the absence
of regulatory oversight under FIFRA.
Alternatives:
Four alternatives are analyzed in this
economic analysis:: (1) an option with
a broad range of exemptions that
removes three more categories of plant-
incorporated protectants than the rule
from the FIFRA requirements; (2) an
option that exempts a more narrow
scope of plant-incorporated protectants
than option 1 but more categories than
option 3; (3j an option representing the
exemption promulgated in the final
rule; and (4) an option with no
exemptions, i.e., regulating all plant-
incorporated protectants. The
alternatives analyzed in this economic
analysis (EA) differ from the proposed
EA in the number and types of
submissions of plant-incorporated
protectants that the Agency anticipates
will be received for registration
annually over the next 10 years. The
projected data requirements associated
with the various types of plant-
incorporated protectants in the various
alternative case studies have also been
recalculated in light of the Agency's
experience with plant-incorporated
protectants since the proposed EA was
developed in 1994. The exemptions in
some of the options differ slightly from
the options in the proposal in order to
be consistent with the exemption in the
rule.
Anticipated Cost and Benefits:
The total direct compliance costs for
option 3, which represents the scope
of EPA's final rule, are estimated to be
$2.4 million for year 1 increasing to
$7.9 million in year 10. The rule
exempts one specific category of plant-
incorporated protectants from FIFRA
requirements because EPA assessments
determined that plant-incorporated
protectants in this category present low
probability of risk to the environment
and are not likely to pose unreasonable
adverse effects to the environment even
in the absence of regulatory oversight.
The exemption may lower cost to
industry and the Agency while
providing safety and assurance to the
public and protection of the
environment. The rule allows the
Agency to focus resources on the plant-
incorporated protectants that may
present a higher potential for risk to
human health or the environment,
especially those with novel exposures.
Industry may also benefit from greater
certainty regarding the regulatory status
of their plant-incorporated protectants.
With the promulgation of the Rule,
affected firms will be able to plan
ahead for timely product development
and commercialization.
Risks:
With the plant-incorporated protectants
not exempted by the rule, there is a
possibility of new dietary exposures.
For example, a qualitatively different
exposure could occur if a food plant
was modified to produce a pesticidal
substance derived from a nonfood
source (e.g., microorganisms or insects).
Modern biological and genetic
techniques enable developers to greatly
expand the range of sources of genetic
information introduced into plants and
thus into foods, and thus increase the
possibility that substances significantly
different from a substance historically
consumed safely might be in food. With
plant-incorporated protectants for
which there is no record of prior
significant human exposure, there may
be no documentation demonstrating
that residues of such plant-incorporated
protectants consumed in food will not
have adverse or toxic effects. Also to
be considered is the potential for risk
to be associated with quantitative
changes in levels of substances that
occur naturally in plants, generally at
very low levels in the food portion, that
are toxic when ingested. These same
considerations apply in terms of
environmental risk and new or
significantly different exposures of
nontarget organisms to the pesticide.
Another environmental risk
consideration associated with plant-
incorporated protectants is the possible
transfer through outcrossing of an
introduced plant-incorporated
protectant, from a crop plant to a
cultivated or wild relative.
Timetable:
Action
Date
FR Cite
NPRM 11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
Supplemental NPRM 05/16/97 62 FR 27132
Supplemental NPRM 04/23/99 64 FR 19958
Request for
Comment on
Alternate Name
Supplemental NPRM 12/00/00
Final Action 12/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 2684
Agency Contact:
Elizabeth Milewski
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7201
Washington, DC 20460
Phone: 202 260-3573
Fax: 202 260-0949
Email: milewski.elizabeth@epa.gov
Janet Andersen
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7501W
Washington, DC 20460
Phone: 703 308-8712
Email: andersen.janet@epa.gov
RIN: 2070-AC02
EPA
138. GROUNDWATER AND PESTICIDE
MANAGEMENT PLAN
Priority:
Economically Significant
Legal Authority:
7 USC 136(a) FIFRA sec 3; 7 USC
136(w)
CFR Citation:
40 CFR 152.170
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73487
Legal Deadline:
None
Abstract:
This regulation would establish
Pesticide Management Plans (PMPs) as
a new regulatory requirement for
certain pesticides. Unless a State or
tribal authority has an EPA-approved
plan specifying risk-reduction
measures, use of the chemical would
be prohibited. The rule would also
specify procedures and deadlines for
development, approval and
modification of plans by States and
tribal authorities.
Statement of Need:
EPA proposed to make specific
pesticides subject to the provisions of
EPA-approved Pesticide Management
Plans (PMPs) because of their strong
ground water contamination potential.
The rule intends to establish PMPs as
an other regulatory restriction and to
define the minimum requirements and
procedures for developing, approving
and managing PMPs. Upon
promulgation of this rule, the labels of
the designated pesticides will be
changed to require use in conformance
with EPA-approved PMPs, and to
prohibit sale and use in States or
Indian Country without such approved
Plans (after a period allowed for
development and EPA review of these
Plans). A PMP is a State's or tribe's
commitment to EPA and the public to
manage the use of a certain pesticide
in such a way as to avoid unreasonable
risks to groundwater that would
otherwise warrant cancellation of the
use. An approved plan will embody a
combination of educational, scientific,
and regulatory tools to fulfill the State's
groundwater protection goals,
developed through a process of public
participation. A plan will include a
process for disseminating this
information to pesticide users and
marketers, and for monitoring the
effectiveness of the plan through the
development of appropriate indicators
of environmental improvement and/or
protection.
Summary of Legal Basis:
The Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) generally
requires EPA to regulate pesticide use
in such a manner as to prevent
unreasonable risks to human health and
the environment. Specifically, 7 USC
136a authorizes EPA to prescribe by
regulation "other regulatory
restrictions" for pesticides that may
generally cause unreasonable risks to
the environment (such as those that are
associated with groundwater
contamination potential) without those
restrictions.
Alternatives:
This rule is a direct outgrowth of the
Pesticides and Groundwater Strategy,
published in October 1991 (after
extensive consultation with States,
localities, and other affected
stakeholders). In publishing the strategy
EPA conducted an analysis of three
different alternatives to the regulation
of pesticides' groundwater risks. One
option was to rely exclusively on
orthodox national-level pesticide
regulatory tools (tantamount to a
"baseline"), which would entail
tolerating or remediating a certain level
of groundwater contamination. At the
other extreme, outright cancellation of
candidate pesticides with significant
groundwater contamination potential
was considered to provide full
assurance that no further groundwater
contamination would occur (taking into
account the high economic losses due
to the removal of the pesticide from
the market). The analysis concluded
that a "partnership" approach,
providing a mechanism for more
tailored management of pesticide use
(i.e., taking into account the prevailing
influence of highly variable hydrologic
"sensitivity" factors), would be
simultaneously a more effective and
least costly alternative.
Anticipated Cost and Benefits:
EPA anticipates four categories of costs
entailed in requiring PMPs. Federal
Program Costs are those of
administering groundwater protection
activities, such as the review of State
or tribal proposals. State Program Costs
entail both capital and annual costs.
Registrant and user impacts are the
economic losses ascribed to the
reduced use of the classified pesticides,
as well as the costs (to the registrants)
of complying with Federal, State and
tribal provisions. Benefits accrue from
the reduced levels of pesticide residues
in groundwater, and a corresponding
reduction in: (1) human and ecological
risk (see below); and (2) threats to the
economic and intrinsic values of the
groundwater resource. Significant
uncertainties attend the quantification
of these benefits, however.
Risks:
The pesticides under consideration are
those most frequently detected
(sometimes at concentrations exceeding
health-based reference points) of
currently-registered Pesticides, and
display physical and chemical
characteristics associated with a
ground-water contamination potential.
The level of potential contamination
(and related risk to both human health
and the environment) represent &
potential unreasonable risk to the
environment in the absence of local
management measures. State
management measures are expected to
avert these risks substantially. Because
the Food Quality Protection Act (FQPA)
requires that EPA consider drinking
water as part of dietary exposure, the
Agency is analyzing implications for
this regulation.
Timetable:
Action
Date
FR Cite
NPRM 06/26/96 61 FR 33259
Notice of Availability 02/23/00 65 FR 8925
Regarding
Metolachlor
Supplemental NPRM 03/24/00 65 FR 15885
- Notice of
Availability &
Extension of
Comment Period
Final Action 01/00/01
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:
Arthur-Jean B. Williams
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703 305-5239
Fax: 703 308-3259
Email: williams.arty@epa.gov
Jean Frane
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7506C
Washington, DC 20460
Phone: 703 305-5944
Email: frane.jean@epa.gov
RIN: 2070-AC46
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73488 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
EPA
139. TSCA INVENTORY UPDATE RULE
AMENDMENTS
Priority:
Other Significant
Legal Authority:
15 USC 2607(a) TSCA 8(a)
CFR Citation:
40 CFR 710
Legal Deadline:
None
Abstract:
This action would amend the current
Toxic Substances Control Act (TSCA)
Inventory Update Rule (IUR) to require
chemical manufacturers to report to
EPA data on exposure-related
information and the industrial and
consumer end uses of chemicals they
produce or import. Currently, EPA
requires chemical manufacturers to
report the names of the chemicals they
produce, as well as the locations of
manufacturing facilities and the
quantities produced. About 3,000
facilities reported data on about 9,000
unique chemicals during the last
reporting cycle under the IUR. Data
obtained would be used by EPA and
others to: better understand the
potential for chemical exposures;
screen the chemicals now in commerce
and identify those of highest concern;
establish priorities and goals for their
chemical assessment, risk management
and prevention programs, and monitor
the programs' progress; encourage
pollution prevention by identifying
potentially safer substitute chemicals
for uses of potential concern; and
enhance the effectiveness of chemical
risk communication efforts.
Additionally, EPA will consider other
amendments to the IUR. These include
removing the inorganic chemicals
exemption; providing the information
to better assess and manage risks of
inorganic chemicals; improving the
linkages of IUR data to other data
sources to enhance the data's
usefulness; and altering the confidential
business information (CBI) claim
procedures to reduce the frequency of
CBI claims, allowing the public greater
access to relevant information on toxic
chemicals. EPA has held meetings with
representatives of the chemical
industry, environmental groups,
environmental justice leaders, labor
groups, State governments and other
Federal agencies to ensure public
involvement in the TSCA Inventory
Update Rule Amendments Project.
Statement of Need:
There are more than 75,000 chemicals
in commerce listed on the TSCA
Inventory. EPA faces the challenge of
sorting through these chemicals to
identify the ones of most concern, then
taking the appropriate steps to mitigate
unreasonable risks of those chemicals.
The current IUR collects some key data,
such as production volume, used to
identify the chemicals of most concern.
However, other exposure-related
information is essential to more
accurately identify the chemicals with
the greater risk potential. Information
on how a chemical is manufactured,
processed, and used is needed to
determine possible exposure routes and
scenarios of these chemicals. This
action will propose to modify the
inventory update process to collect the
exposure-related data necessary for an
effective TSCA Inventory Screening
program; the information will be
collected in a format that makes the
information easy to use to screen
thousands of chemicals. A national
report will make data collected via the
amended IUR publicly available. This
report will not contain any information
claimed to be confidential.
Summary of Legal Basis:
Toxic Substances Control Act (TSCA)
section 8
Alternatives:
Although data on the use of specific
chemicals can be found in varying
sources, there is no national,
comprehensive, current searchable
database providing consistent
information on a wide variety of
chemicals. EPA has examined alternate
sources of the information including
State information, Federal databases
and privately collected information.
EPA can find no information
comparable to the data anticipated to
be collected through amendments to
the IUR.
Anticipated Cost and Benefits:
EPA anticipates costs of this action to
be well under $100 million for the first
year of reporting. Total costs of this
action depend on the amendments to
IUR that are contained in a proposed
rule. The amended IUR will assist EPA
in screening chemicals in commerce
and identifying those of highest
concern; establishing priorities and
goals for chemical assessment, risk
management and prevention programs
and to monitor their progress;
identifying potentially safer substitute
chemicals for uses of potential concern;
and enhancing the effectiveness of
chemical risk communication efforts.
Risks:
This action will secure data on
describing how chemicals in commerce
are used; this data is essential to
determine possible exposure routes and
scenarios. Using these exposure
estimates, EPA's toxics program will be
able to better focus on chemical risks
of most concern.
Timetable:
Action
NPRM
Notice Comment
Date FR Cite
08/26/99 64 FR 46771
10/22/99 64 FR 56998
Extension
Final Action
12/00/00
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal
Additional Information:
SAN No. 3301
Sectors Affected:
324 Petroleum and Coal Products
Manufacturing; 325 Chemical
Manufacturing
Agency Contact:
Susan Krueger
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7406
Washington, DC 20460
Phone: 202 260-1713
Fax: 202 260-1661
Email: krueger.susan@epa.gov
Robert Lee
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7406
Washington, DC 20460
Phone: 202 260-0676
Fax: 202 260-1661
Email: lee.robert@epa.gov
RIN: 2070-AC61
EPA
140. LEAD; IDENTIFICATION OF
DANGEROUS LEVELS OF LEAD
PURSUANT TO TSCA SECTION 403
Priority:
Economically Significant
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73489
Legal Authority:
15 USC 2683
CFR Citation:
40 CFR 745
Legal Deadline:
None
Abstract:
The Residential Lead-Based Paint
Hazard Reduction Act of 1992 (title X)
amended TSCA by adding a new title
IV. TSCA section 403 requires EPA to
promulgate regulations that identify
lead-based paint hazards, lead-
contaminated dust and lead-
contaminated soil for the purposes of
TSCA title IV as well as for the entire
title X. EPA developed an interim
guidance document in July 1994, to
provide public and private decision-
makers with guidance on identifying
and prioritizing lead-based paint
hazards for control. This interim
guidance, which was subsequently
published in 1995 (60 FR 47248,
9/11/95), will continue to serve as
EPA's official policy until the final
TSCA section 403 rule is promulgated.
Statement of Need:
Childhood lead poisoning is a
pervasive problem in the United States,
with almost a million young children
having more than 10 ug/dl of lead in
their blood, (Center for Disease
Control's level of concern). Elevated
blood-lead levels can lead to reduced
intelligence and neurobehavioral
problems in young children, as well as
causing other adverse health effects in
children and adults. Although there
have been dramatic declines in blood-
lead levels due to reductions of lead
in paint, gasoline, and food sources,
remaining paint in older houses
remains the significant source of
childhood lead poisoning. This
regulation is a focal point of the
Federal lead program and supports the
implementation of regulations already
promulgated (e.g., lead hazard
disclosure in real estate transactions) as
well as others under development (e.g.,
renovation and remodeling). By
supporting the implementation of the
national lead program, this rule would
help prevent lead poisoning in children
under the age of six.
Summary of Legal Basis:
This action is mandated by TSCA
section 403.
Alternatives:
Alternatives were discussed in the
proposed rule. Alternatives will be
further considered as part of the
proposed rule's comment review.
Anticipated Cost and Benefits:
The costs associated with the
establishment of these levels were
estimated in a draft economic impact
analysis that was prepared for the
proposed rule. Since benefits depend
on private sector implementation of
certain lead hazard abatement activities
which are not mandated by any of
these rules, benefits will be difficult to
quantify. During its review of the
NPRM under Executive Order 12866,
OMB attributed the potential impact of
all of the lead regulations to this rule
and determined that this action should
be classified as economically
significant.
Risks:
This rule is aimed at reducing the
prevalence and severity of lead
poisoning, particularly in children.
Timetable:
Action
Date FR Cite
NPRM 06/03/98 63 FR 30301
Notice - Comment 07/22/98 63 FR 39262
Period Extended to
10/01/98
Notice - Comment 10/01/98 63 FR 52662
Period Extended to
11/30/98
NPRM Correction 12/18/98 63 FR 70087
Notice Reopens 01/14/99 64 FR 2460
Comment Period to
03/01/99
Final Action - 12/00/00
Identification of
Dangerous Levels
of Lead
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local, Tribal
Additional Information:
SAN No. 3243
Sectors Affected:
2332 Residential Building Construction;
235 Special Trade Contractors; 2352
Painting and Wall Covering
Contractors; 23551 Carpentry
Contractors; 23599 All Other Special
Trade Contractors; 53111 Lessors of
Residential Buildings and Dwellings;
531311 Residential Property Managers;
54135 Building Inspection Services;
54138 Testing Laboratories; 61151
Technical and Trade Schools; 92511
Administration of Housing Programs;
61171 Educational Support Services;
54161 Management Consulting Services
Agency Contact:
Lin Moos
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
Dave Topping
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic
Substances
7404
Washington, DC 20460
Phone: 202 260-7737
Fax: 202 260-0770
Email: topping.dave@epa.gov
RIN: 2070-AC63
EPA
141. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6912(a) RCRA sec 2002(a); 42
USC 6921 RCRA sec 3001; 42 USC
6922 RCRA sec 3002; 42 USC 6922
RCRA sec 3004; 42 USC 6926 RCRA
sec 3006
CFR Citation:
40 CFR 261
Legal Deadline:
Other, Judicial, October 31, 1999,
Reproposal.
Final, Judicial, April 30, 2001.
Abstract:
This action would amend regulations
governing solid wastes that are
designated as hazardous because they
have been mixed with or derived from
listed hazardous wastes. The Agency
proposed to retain the mixture and
derived-from rules promulgated under
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73490 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
the Resource Conservation and
Recovery Act (RCRA). These rules are
currently in effect on an emergency
basis. The Agency proposed their
retention.
The Agency also proposed two
revisions to the mixture and derived-
from rules. The first was an exemption
for wastes and their residuals listed
solely for the ignitability, corrosivity,
and/or reactivity characteristics. The
second, which EPA proposed in a
separate notice, was a conditional
exemption from the mixture and
derived-from rules for mixed wastes
(that is, wastes that are both hazardous
and radioactive).
Because this action is deregulatory, it
is not expected to have adverse impacts
on small business. This action will be
implemented by EPA and authorized
States.
Statement of Need:
EPA has proposed to retain and amend
the mixture rule and the derived-from
rule in the hazardous waste
identification regulations under the
Resource Conservation and Recovery
Act (RCRA). The mixture and derived-
from rules ensure that hazardous
wastes that are mixed with other wastes
or that result from the treatment,
storage or disposal of hazardous wastes
do not escape regulation and thereby
cause harm to human health and the
environment. EPA proposed two
revisions to the mixture and derived-
from rules. The first is an exemption
for mixtures and/or derivatives of
wastes listed solely for the ignitability,
corrosivity, and/or reactivity
characteristics. The second is a
conditional exemption from the
mixture and derived-from rules for
mixed wastes, (that is, wastes that are
both hazardous and radioactive). These
revisions would narrow the scope of
the mixture and derived-from rules,
tailoring the rules to more specifically
match the risks posed by particular
wastes.
Summary of Legal Basis:
This regulation will amend the mixture
and derived-from rules, 40 CFR
261.3(a)(2)(iii) and (iv) and (c)(2)(i), and
will create an exemption for low-risk
waste. EPA is required to revise the
mixture and derived-from rules under
Public Law No. 102-389, 106 Stat. 1571.
The mixture and derived-from rules
and the exemption are exercises of
EPA's authority under RCRA section
3001, 42 U.S.C. section 6921.
Alternatives:
EPA has considered a variety of
alternatives for revising the mixture
and derived-from rules, including
developing a concentration-based
generic exemption for low-risk listed
waste and a specific exemption for
wastes disposed of in a landfill. EPA
will continue to explore these and
other alternatives as appropriate.
Anticipated Cost and Benefits:
Revisions to the mixture and derived-
from rules are expected to reduce the
cost of shipping and disposing
exempted wastes. Potential annual
industry cost savings is estimated at
$4.59 million, while annual reduction
in truck shipment manifesting cost is
estimated at $.45 million. After
considering uncertainty factors (-15
percent to +30 percent), these two cost
savings components represent a total
annual cost savings estimate of $4.29
to $6.56 million per year.
Risks:
This rule would maintain current levels
of risk protection.
Timetable:
Action
NPRM
NPRM Withdrawn
NPRM Reproposal
NPRM Reproposal
Notice of Data
Availability
Final Action
Date
05/20/92
10/30/92
12/21/95
11/19/99
07/18/00
05/00/01
FR Cite
57 FR 21450
57 FR 49280
60 FR 66344
64 FR 63381
65 FR 44491
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 3328
Sectors Affected:
334 Computer and Electronic Product
Manufacturing; 333 Machinery
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 331 Primary
Metal Manufacturing; 335 Electrical
Equipment, Appliance and Component
Manufacturing; 336 Transportation
Equipment Manufacturing
Agency Contact:
Tracy Atagi
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-8672
Fax: 703 308-0514
Email: atagi.tracy@epa.gov
Adam Klinger
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-3267
Fax: 703 308-0514
Email: klinger.adam@epa.gov
RIN: 2050-AE07
EPA
142. STORAGE, TREATMENT,
TRANSPORTATION, AND DISPOSAL
OF MIXED WASTE
Priority:
Other Significant
Reinventing Government:
This rulemaking is part of the
Reinventing Government effort. It will
revise text in the CFR to reduce burden
or duplication, or streamline
requirements.
Legal Authority:
42 USC 6905; 42 USC 6912(a); 42 USC
6921; 42 USC 6922; 42 USC 6924; 42
USC 6926; 42 USC 6927; 42 USC 6934
CFR Citation:
40 CFR 261.4; 40 CFR 262.34; 40 CFR
266
Legal Deadline:
NPRM, Judicial, October 31, 1999.
Final, Judicial, April 30, 2001.
Abstract:
The focus of the final rule is to provide
flexibility under RCRA subtitle C to
generators of eligible mixed waste. We
intend to finalize a proposal for a
conditional exemption from the
definition of hazardous waste
applicable to: low-level mixed waste
(LLMW) for storage; and LLMW or
Naturally Occurring and/or Accelerator-
Produced Radioactive Material (NARM)
for transportation and disposal. The
rule is expected to reduce dual
regulation for generators in the
management and disposal of their
wastes. This flexibility would enable
generators of LLMW who are licensed
by the Nuclear Regulatory Commission
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73491
(NRC) to claim an exemption for storing
and treating these wastes in tanks or
containers (using solidification,
neutralization, or other stabilization
processes) without a RCRA permit. This
rule would also provide flexibility for
the manifesting, transportation and
disposal of eligible mixed waste. Waste
meeting the conditions would be
exempted from certain RCRA subtitle
C hazardous waste requirements and
managed as low-level radioactive waste
in accordance with NRC regulations.
Statement of Need:
The final rulemaking is needed due to:
industry concerns regarding the
potential for duplication under EPA
and NRC regulatory requirements; the
lack of mixed waste treatment and
disposal facilities nationwide; and
follow through on comments relating to
mixed waste management received
from industry on the Hazardous Waste
Identification Rule (HWIR) proposal of
December 1995, and the mixed waste
storage guidance of August 1995.
Summary of Legal Basis:
The final rulemaking is an outgrowth
of the consent decree reached with the
Edison Electric Institute, and other
litigants and intervenors, in April 1997.
Alternatives:
EPA is considering a number of
alternatives including: (1) use of LDR
treatment standards for chemical
constituents in conjunction with NRC
disposal requirements for LLW; (2)
applicability of HWIR exit
concentration levels and associated
requirements for chemical constituents;
(3) a conditional exemption for stored
mixed waste subject to NRC regulatory
requirements; and (4) allowing decay-
in-storage as provided by NRC for some
mixed wastes to limit worker exposures
to radionuclides.
Anticipated Cost and Benefits:
EPA anticipates that implementation of
this rule could result in net cost
savings of at least $1 to 3 million
annually; unquantified cost savings
from administrative and permitting
burdens could be much higher. In
addition, EPA anticipates possible risk
reductions from reduced human
exposure to radionuclides.
Risks:
The purpose of this rule is not risk
reduction. The rule will maintain
current level of protection as required
by NRC for radionuclides under
alternatives 1 and 3, and also provide
protection for human health and the
environment from chemical hazards.
For alternative 2 the risk will be similar
to HWIR risk benchmarks for
carcinogens and non-carcinogens. For
alternative 4, there would be a
reduction in risk due to reduced
exposure of workers to radionuclides
mixed with hazardous wastes.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
03/01/99
11/19/99
04/00/01
FR Cite
64 FR 10063
64 FR 63463
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
No
Government Levels Affected:
Federal, State, Tribal
Additional Information:
SAN No. 4017
SIC Codes: Nuclear Electric Power
Generation (4911); Federal Facilities
(9431) and (9511); Mixed Waste
Treatment, Storage and Disposal
Facilities (4953); Commercial Low
Level Radioactive Waste Disposal
Facilities (4953); Universities (8221);
Medical Facilities (8071);
Pharmaceutical Companies (2834);
Research Laboratories (8731, 8734)
Sectors Affected:
3254 Pharmaceutical and Medicine
Manufacturing; 562 Waste Management
and Remediation Services; 562219
Other Nonhazardous Waste Treatment
and Disposal; 61131 Colleges,
Universities and Professional Schools;
6215 Medical and Diagnostic
Laboratories; 622 Hospitals; 92 Public
Administration; 8112 Electronic and
Precision Equipment Repair and
Maintenance
Agency Contact:
Nancy Hunt
Environmental Protection Agency
Solid Waste and Emergency Response
5303W
Washington, DC 20460
Phone: 703 308-8762
Fax: 703 308-8638
Email: hunt.nancy@epa.gov
Grace Ordaz
Environmental Protection Agency
Solid Waste and Emergency Response
5304W
Washington, DC 20460
Phone: 703 308-1130
Fax: 703 605-0744
Email: ordaz.grace@epa.gov
BIN: 2050-AE45
EPA
143. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal goverments.
Legal Authority:
42 USC 300(f) SDWA sec 1412
CFR Citation:
40 CFR 141; 40 CFR 142
Legal Deadline:
Other, Statutory, February 6, 1999,
Publish radon health risk reduction and
cost analysis.
NPRM, Statutory, August 6, 1999.
Final, Statutory, August 6, 2000.
Abstract:
EPA proposed new regulations for
radon in drinking water which will
provide States flexibility in how to
manage the health risks from radon, in
both drinking water and in indoor air.
States would be able to focus their
efforts on the highest radon risks to the
public - in indoor air - while reducing
the highest risks from radon in drinking
water. Breathing indoor radon in homes
is the primary public health risk from
radon, contributing to about 20,000
lung cancer deaths each year in the
United States, according to a landmark
report this year by the National
Academy of Sciences. That makes
radon in indoor air the second leading
cause of lung cancer in the United
States. Based on a second NAS report,
EPA estimates that radon in drinking
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73492 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
water causes about 168 cancer deaths
per year, of which about 89 percent are
lung cancer from breathing radon
released from water. The remaining 11
percent of the risk is for stomach
cancer from drinking radon-containing
water.
The proposal is based on the unique
framework outlined in the 1996 Safe
Drinking Water Act (SDWA). The
proposed new regulation will provide
two options to States and water systems
for reducing public health risks from
radon. Under the first option, States
can choose to develop enhanced state
programs to address the health risks
from indoor radon while water systems
reduce radon levels in drinking water
to the higher, alternative maximum
contaminant level MCL of 4,000 pCi/L
(picoCuries per liter, a standard unit of
radiation) or lower, ensuring protection
from the highest risks from radon in
drinking water. EPA is encouraging the
States to adopt this approach as the
most cost-effective way to achieve the
greatest radon risk reduction. If a State
does not elect this option, the second
option would require water systems in
that State to either reduce radon in
drinking water levels to the MCL of 300
pCi/L, or to develop a local indoor
radon program and reduce levels in
drinking water to 4000 pCi/L. Those
systems initially at the MCL or lower
will not need to treat their water for
radon.
Statement of Need:
Radon in drinking water increases risk
to public health, both from inhalation
of radon discharged through normal
water use, such as showering, and from
ingestion of water.
Summary of Legal Basis:
Pursuant to the Safe Drinking Water
Act, as amended in 1996 [sec. 1412
(b)(13)], EPA is required to: (1)
withdraw the 1991 proposed radon in
drinking water rule; (2) work with the
National Academy of Sciences to
conduct a risk assessment for radon in
drinking water, and an assessment of
the health risk reduction benefits
associated with various mitigation
methods of reducing radon in indoor
air; (3) publish a radon health risk
reduction and cost analysis for possible
radon Maximum Contaminant Levels
(MCLs) for public comment, by
February 1999; (4) propose a Maximum
Contaminant Level Goal (MCLG) and
National Primary Drinking Water
Regulation (NPDWR) for radon by
August 1999; and (5] publish an MCLG
and Final NPDWR for radon by August
2000.
In addition, if EPA promulgates an
MCL more stringent than necessary to
reduce the contribution to radon in
indoor air from drinking water to a
concentration that is equivalent to the
national average concentration of radon
in outdoor air, the Agency must
establish an alternative MCL (AMCL).
The AMCL is to be set at a level which
would result in a contribution of radon
from drinking water to radon levels in
indoor air equivalent to the national
average concentration of radon in
outdoor air. If an alternative MCL is
established, EPA must publish
guidelines and criteria for States to
develop multimedia radon mitigation
programs. EPA shall approve State
multimedia mitigation programs if they
are expected to achieve equal or greater
health risk reduction benefits than
would be achieved through compliance
with the MCL. If EPA approves a State
multimedia mitigation program, public
water supply systems within the State
may comply with the AMCL. If a State
does not have an approved multimedia
mitigation program, any public water
system may submit a program for
approval by EPA according to the same
criteria, conditions, and approval
process that would apply to a State
program. EPA shall evaluate
multimedia mitigation programs every
5 years.
Alternatives:
EPA considered a range of MCL options
for radon in drinking water in the
Health Risk Reduction and Cost
Analysis (HRRCA) (published in
February 1999). The primary alternative
is for a State or public water system
to develop a multimedia mitigation
program in order for it to comply with
the AMCL. The National Academy of
Sciences provided information on key
factors (the water to air transfer factor
and the national average outdoor radon
level) that EPA will use in setting the
AMCL.
Anticipated Cost and Benefits:
The total annual costs of compliance
with the MCL of 300 pCi/1 for radon
in drinking water and the associated
information collection and reporting
requirements is estimated at $407
million. In complying with 300 pCi/1,
an estimated 62.0 fatal and 0.2 nonfatal
cancer cases are avoided each year.
Because EPA expects that most States
and systems will choose to comply
with the alternative maximum
contaminant level (AMCL) of 4,000
pCi/1 and implement a Multi-Media
Mitigation (MMM) program, EPA
expects the total annual costs of
compliance with the radon rule to be
significantly less than $407 million. If
most States and systems comply with
the AMCL and implement an MMM
program, the total annual costs of
compliance are estimated at
approximately $86 million. The
quantifiable benefits of the health risk
reduction are estimated to be $362
million for either implementation
scenario. EPA expects compliance with
the AMCL and implementation of an
MMM program to achieve equal or
greater risk reduction than is expected
with strict compliance with the MCL.
Risks:
Radon is a naturally occurring volatile
gas formed from the normal radioactive
decay of uranium. It is colorless,
odorless, tasteless, chemically inert,
and radioactive. Exposure to radon and
its progeny is believed to be associated
with increased risks of several kinds of
cancer. When radon or its progeny are
inhaled, lung cancer accounts for most
of the total incremental cancer risk.
Ingestion of radon in water is suspected
of being associated with increased risk
of tumors of several internal organs,
primarily the stomach. As required by
the SDWA, as amended, EPA arranged
for the National Academy of Sciences
(NAS) to assess the health risks of
radon in drinking water. The NAS
released the pre-publication draft of a
report on the Risks of Radon in
Drinking Water, (NAS Report) in
September 1998 and published the
Report in July 1999. The analysis in
this RIA uses information from the
1999 NAS Report. The NAS Report
represents a comprehensive assessment
of scientific data gathered to date on
radon in drinking water. The report, in
general, confirms earlier EPA scientific
conclusions and analyses of radon in
drinking water.
NAS estimated individual lifetime unit
fatal cancer risks associated with
exposure to radon from domestic water
use for ingestion and inhalation
pathways. The results show that
inhalation of radon progeny accounts
for most (approximately 88 percent) of
the individual risk associated with
domestic water use, with almost all of
the remainder (11 percent) resulting
from directly ingesting radon in
drinking water. Inhalation of radon
progeny is associated primarily with
increased risk of lung cancer, while
ingestion exposure is associated
primarily with elevated risk of stomach
cancer.
The NAS Report confirmed that indoor
air contamination arising from soil gas
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73493
typically accounts for the bulk of total
individual risk due to radon exposure.
Usually, most radon gas enters indoor
air by diffusion from soils through
basement walls or foundation cracks or
openings. Radon in domestic water
generally contributes a small proportion
of the total radon in indoor air.
However, NAS recognized that radon in
water is the largest source of cancer
risk in drinking water compared to
other regulated chemicals in water.
The NAS Report is one of the most
important inputs used by EPA in its
regulatory impact analysis. EPA has
used the NAS's assessment of the
cancer risks from radon in drinking
water to estimate both the health risks
posed by existing levels of radon in
drinking water and also the cancer
deaths prevented by reducing radon
levels.
Timetable:
Action
ANPRM
NPRM
Notice
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
1 1/02/99
06/00/01
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59245
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 2281
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Michael Osinski
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-6252
Fax: 202 260-3762
Email: osinski.michael@epa.gov
Sylvia Malm
Environmental Protection Agency
Water
4607
4607
Washington, DC 20460
Phone: 202 260-0417
Fax: 202 260-3762
Email: malm.sylvia@epa.gov
RIN: 2040-AA94
EPA
144. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: GROUND
WATER RULE
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect the private
sector under PL 104-4.
Legal Authority:
42 USC 300(f) SDWA sec 1412
CFR Citation:
40 CFR 141; 40 CFR 142
Legal Deadline:
Final, Statutory, May 31, 2002.
Abstract:
The Safe Drinking Water Act, as
amended in 1996, directs EPA to
promulgate regulations requiring
disinfection, as necessary, for
groundwater systems. The intention is
to develop a protective public health
approach which assures a baseline of
protection for all consumers of ground
water. It sets in place an increasingly
targeted strategy to identify high risk
or high priority systems that require
greater scrutiny or further action.
Development and implementation of
the rule has involved local, tribal, State
and Federal governments. The structure
of the rule is a series of barriers to
microbial contamination. The multiple-
barrier approach relies upon five major
components: (1) periodic onsite
inspections of ground water systems
requiring the evaluation of eight key
areas and the identification of
significant deficiencies; (2) source
water monitoring for systems drawing
from sensitive aquifers without
treatment or with other indications of
risk; (3) a requirement for correction of
significant deficiencies; (4) a
requirement for treatment where
contamination or significant
deficiencies are not or cannot be
corrected, and alternative sources of
drinking water are not available; and,
(5) compliance monitoring to insure
disinfection treatment is reliable and
effective. EPA believes that the
combination of these elements strikes
an appropriate regulatory balance
which tailors the intensity or burden
of protective measures and follow-up
action to the risk being addressed.
Statement of Need:
Public water systems (PWSs) that use
groundwater 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
groundwater PWSs are contaminated
with microorganisms of fecal origin that
can and have caused illness.
Summary of Legal Basis:
Section 1412(b)(8) of the Safe Drinking
Water Act requires that EPA develop
regulations specifying the use of
disinfectants for groundwater systems
as necessary and "...(as part of the
regulations) promulgate criteria...to
determine whether disinfection shall be
required as a treatment technique for
any public water system served by
groundwater."
Alternatives:
EPA considered four regulatory
alternatives in the development of the
GWR proposal: the proposed regulatory
alternative (multibarrier 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 three
to five years, depending on the type
of system. If any significant deficiency
is identified, a system is required to
correct it. The sanitary survey and
triggered monitoring option adds a
source water fecal indicator monitoring
requirement triggered by a total
coliform positive sample in the
distribution system. The multibarrier
option, which was proposed by EPA,
adds a hydrogeologic sensitivity
assessment to these elements which, if
a system is found to be sensitive,
-------
73494 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
results in a routine source water fecal
indicator monitoring requirement. The
multibarrier option and the sanitary
survey and triggered monitoring
options are both a targeted regulatory
approach designed to identify wells
that are fecally contaminated or are at
a high risk for contamination. The
across-the-board disinfection option
would require all systems to install
treatment instead of trying to identify
only the high risk systems; therefore,
it has no requirement for sensitivity
assessment or microbial monitoring.
Anticipated Cost and Benefits:
EPA estimates the cost of the proposed
GWR will be $183 million dollars per
year (using a 3 percent discount rate).
More than half of the estimated costs
are for corrective actions which systems
will be required to take to fix or
prevent fecal contamination. The
remainder of the costs are due to
increased scope and frequency of
sanitary surveys, hydrogeologic
sensitivity assessments and source
water monitoring. System costs are
expected to be $162 million per year
for implementation of the GWR. States
are expected to incur costs of $21
million per year. Cost estimates do not
include land acquisition, public
notification or the potential cost of
illness due to exposure to disinfection
byproducts. 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. The
proposed GWR is expected to reduce
the total number of illness by 115,000
and the total number of deaths by 11
each year. The GWR in conjunction
with the Surface Water Treatment Rule
(SWTR), Total Coliform Rule (TCR) the
Interim Enhanced Surface Water
Treatment Rule (IESWTR), the Filter
Backwash Rule (FBR) and the Long
Term Enhanced Surface Water
Treatment Rules (LTlESWTR &
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
06/00/01
65 FR 30194
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 2340
Statutory deadline for final: After
August 6, 1999 but before May 31,
2002.
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Eric Burneson
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-1445
Fax: 202 401-6135
Email: burneson.eric@epa.gov
Tracy Bone
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-2954
Fax: 202 401-6135
Email: bone.tracy@epa.gov
RIN: 2040-AA97
EPA
145. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ARSENIC
AND CLARIFICATIONS TO
COMPLIANCE AND NEW SOURCE
CONTAMINANT MONITORING
Priority:
Economically Significant. Major under
5 USC 801.
Unfunded Mandates:
This action may affect State, local or
tribal goverments and the private
sector.
Legal Authority:
42 USC 300(f) SDWA sec 1412
CFR Citation:
40 CFR 141(Revision); 40 CFR 142
(Revision)
Legal Deadline:
NPRM, Statutory, January 1, 2000.
Final, Statutory, January 1, 2001.
Abstract:
The Safe Drinking Water Act (SDWA)
Amendments of 1996 require EPA to
develop a plan and research health
risks of low levels of arsenic. In
addition, EPA must propose a revised
drinking water regulation for arsenic by
January 1, 2000, and issue a final rule
by January 1, 2001. Currently the
drinking water standard for arsenic is
0.05 mg/L or 50 ug/L. A March 1999
National Academy of Sciences report
urged EPA to lower the drinking water
standard, because inorganic arsenic
causes bladder, lung and other internal
cancers in humans. The report
recommended additional studies to
characterize health effects at low doses
for cancers, cardiovascular disease,
diabetes, reproductive effects, and
children.
EPA generally sets the enforceable
maximum contaminant level (MCL) as
close to the health-based maximum
contaminant level goal (MCLG) as
feasible, considering treatment efficacy
and costs, but may set an alternative
level depending on the balance of costs
and benefits in certain cases. EPA must
list affordable technologies or treatment
techniques that achieve compliance
with the MCL for three categories of
small systems considering the quality
of the source water. Furthermore,
alternatives to central treatment, such
as point-of-use and point-of-entry
devices, can be considered for small
systems that maintain control over
operation and maintenance.
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73495
In addition, in this final rule, EPA
intends to clarify compliance
monitoring requirements for new public
water systems and new water sources.
These clarifications would apply to
inorganic, volatile organic, and
synthetic organic contaminants.
Statement of Need:
The U.S. Public Health Service first
established a drinking water standard
for arsenic at 50 ug/L in 1942. The Safe
Drinking Water Act of 1974 (SDWA)
which amended the Public Health
Service Act specified that EPA set
drinking water standards. In 1975 EPA
issued a National Interim Primary
Drinking Water Regulation for arsenic
at 50 ug/L, noting no illness. After
EPA's risk assessment approach
calculated a much lower arsenic criteria
to protect humans from skin cancer for
surface water quality criteria under the
Clean Water Act, the drinking water
program retained its 50 ug/L standard.
EPA did not revise the standard as
required by 1986 amendments to
SDWA, based on the need to better
characterize health effects and assess
arsenic removal technologies. At that
time, EPA's analysis estimated it would
cost $2.1 billion a year to comply with
a standard protective of health (skin
cancer). The 1996 amendments to the
Safe Drinking Water Act require EPA
to determine whether the costs of
regulation would justify the benefits,
including consideration of
nonquantifiable benefits. In addition,
EPA must determine the incremental
costs and benefits of alternatives
considered that do not include what
would occur from compliance with
other proposed or final regulations. If
the costs do not justify the benefits, the
Administrator may choose to raise the
MCL to a level still protective of health
at which costs do justify the benefits.
As noted in i!7 above, the 1999 report
issued by the National Academy of
Sciences definitely implicated
inorganic arsenic's effects on bladder,
lung, and skin cancer. Based on
existing data, EPA is urged to lower
the drinking water standard as soon as
possible.
Summary of Legal Basis:
1412(b)(12) CERTAIN
CONTAMINANTS.
(A) ARSENIC.: (i) SCHEDULE AND
STANDARD.— Notwithstanding the
deadlines set forth in paragraph (1), the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic pursuant to this
subsection, in accordance with the
schedule established by this paragraph.
(ii) STUDY PLAN.— Not later than 180
days after the date of enactment of this
paragraph, the Administrator shall
develop a comprehensive plan for
study in support of drinking water
rulemaking to reduce the uncertainty in
assessing health risks associated with
exposure to low levels of arsenic. In
conducting such study, the
Administrator shall consult with the
National Academy of Sciences, other
Federal agencies, and interested public
and private entities.
(iii) COOPERATIVE AGREEMENTS.—
In carrying out the study plan, the
Administrator may enter into
cooperative agreements with other
Federal agencies, State and local
governments, and other interested
public and private entities.
(iv) PROPOSED REGULATIONS — The
Administrator shall propose a national
primary drinking water regulation for
arsenic not later than January 1, 2000.
(v) FINAL REGULATIONS.— Not later
than January 1, 2001, after notice and
opportunity for public comment, the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic.
(vi) AUTHORIZATION.— There are
authorized to be appropriated $2.5
million for each of fiscal years 1997
through 2000 for the studies required
by this paragraph.
Also see: 1412(b)(4)(E)(ii) for listing
small system technologies 1412(b)(4)(C)
for requiring analysis of whether costs
justify benefits 1412(b)(3)(C)(i) for other
requirements for the cost-benefit
analyses 1412(b)(15) for small system
variance technologies, if, considering
the source water, no treatment
technology is listed.
Alternatives:
EPA proposed an MCL of 5 ug/L for
arsenic and requested comment on
MCL options of 3, 10, and 20 ug/L. EPA
provided benefit analyses of each of
these alternatives, measured as
reducing drinking water arsenic from
the current standard of 50 ug/L. This
proposal lists affordable technologies
for small systems, as required by the
1996 amendments to the statute.
Because EPA identified affordable
compliance technologies for all small
system sizes, EPA did not list small
system variance technologies.
Anticipated Cost and Benefits:
Estimated Costs:
Over 98 percent of the cost of the
arsenic rule comes from adding
treatment equipment, chemicals, and
oversight of the new treatment. At the
proposed level of 5 ug/L for arsenic in
drinking water: the total annualized
costs of treatment, monitoring,
reporting, recordkeeping, and
administration for the 6,600 CWSs
needing to reduce arsenic will be $379
million a year at 3 percent discount
rates and $445 million a year at 7
percent discount rates; State and
Federal administrative costs are
projected to be $3 million per year (at
a 3 percent discount rate] to $5 million
per year (at a 7 percent discount rate).
At the regulatory option of 3 ug/L, total
annualized costs of treatment,
monitoring, reporting, recordkeeping,
and administration will be $645 million
a year at 3 percent discount rates and
$756 million a year at 7 percent
discount rates. At the regulatory option
of 10 ug/L, total costs of treatment,
monitoring, reporting, recordkeeping,
and administration will be $166 million
a year at 3 percent discount rates arid
$195 million a year at 7 percent
discount rates. At the regulatory option
of 20 ug/L, total costs of treatment,
monitoring, reporting, recordkeeping,
and administration will be $65 million
a year at 3 percent discount rates and
$77 million a year at 7 percent discount
rates.
Estimated Benefits:
Reducing arsenic from 50 ug/L to 5
ug/L - protects an additional 22.5
million Americans and will prevent
about 20 cases of bladder cancer per
year and approximately 5 bladder
cancer deaths per year.
At a regulatory option of 3 ug/L,
reducing arsenic from 50 ug/L to 3 ug/L
- protects an additional 35.7 million
Americans and will prevent about 25
cases of bladder cancer and
approximately 7 bladder cancer deaths
per year.
At a regulatory option of 10 ug/L,
reducing arsenic from 50 ug/L to 10
ug/L - protects an additional 10.7
million Americans and will prevent
about 13 cases of bladder cancer and
approximately 3 bladder cancer deaths
per year.
Under a regulatory option of 20 ug/L,
reducing arsenic from 50 ug/L to 20
ug/L - protects an additional 4.4
million Americans and will prevent
about 7 cases of bladder cancer and
approximately 2 bladder cancer deaths
per year.
EPA expects that arsenic-related lung
cancers (that could number as many as
two to five times the number of bladder
cancers) and cardiovascular diseases
-------
73496 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan
will be reduced with a lower standard
as well.
The estimated values of the benefits of
this rule range from as high as $90
million for bladder cancer to $384
million for lung cancer.
Risks:
According to the report issued by the
National Academy of Sciences, the risk
of male bladder cancer at the current
standard is 1 to 1.5 additional cancers
per thousand people, or 1-1.5 x 10-3,
based on a linear approach.
Timetable:
Action
Date
FR Cite
Plan Arsenic 12/24/96 61 FR 67800
Research Topics
for Funding
NPRM 06/22/00 65 FR 38888
Final Action 06/00/01
Regulatory Flexibility Analysis
Required:
Yes
Small Entities Affected:
Businesses, Organizations,
Governmental Jurisdictions
Government Levels Affected:
Federal, State, Local, Tribal
Federalism:
This action may have federalism
implications as defined in EO 13132.
Additional Information:
SAN No. 2807
Sectors Affected:
22131 Water Supply and Irrigation
Systems
Agency Contact:
Irene Dooley
Environmental Protection Agency
Water
4607
Washington, DC 20460
Phone: 202 260-9531
Fax: 202 260-3762
Email: dooley.irene@epa.gov
RIN: 2040-AB75
EPA
146. • TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Priority:
Economically Significant. Major under
5 USC 801.
Legal Authority:
42 USC 11001 et seq
CFR Citation:
40 CFR 372
Legal Deadline:
None
Abstract:
The Toxics Release Inventory (TRI)
currently requires reporting from
facilities which manufacture or process
at least 25,000 pounds of a listed
chemical, or otherwise use 10,000
pounds of a listed chemical. These
thresholds were initially established
under the Emergency Planning and
community Right-To-Know Act
(EPCRA) section 313(f)(l). Section
313(i)(2) of EPCRA gives the
Administrator the power to establish a
threshold amount for a toxic chemical
different from the amount established
by paragraph (1), and that such altered
thresholds may be based on classes of
chemicals. EPA is considering lowering
the thresholds for certain persistent
bioaccumulative toxic (PBT) chemicals
and has issued a proposed rule that sets
out the criteria EPA intends to use for
determining if a chemical is persistent
and bioaccumulative under EPCRA
section 313. EPA is currently
conducting analysis to determine if
lead and lead compounds meet the
proposed criteria for persistence and
bioaccumulation and whether the
EPCRA section 313 reporting thresholds
should be lowered. EPA is also
evaluating the environmental fate of
lead.
Statement of Need:
TRI is the most complete and accessible
source of information for the public on
toxic chemical releases in communities
across the United States. The intention
of Congress was for TRI, and indeed
all of EPCRA, to provide information
to local communities. Communities
need this information to better
understand the nature of the releases
at the local level. The intent of TRI
has been to share information on
releases with local communities to help
in their assessments of the risks. This
basic local empowerment is the
cornerstone of the right-to-know
program. Yet because of the current
reporting thresholds, TRI does not
collect release and transfer data on
small quantities of lead and lead
compounds that may persist and
bioaccumulate in the environment.
Even small releases of lead and lead
compounds can have significant
impacts on human health and the
environment. Congress gave EPA the
authority to adjust reporting thresholds,
because it recognized that this might
be necessary in order to address the
American public's right to know what
is happening to the environment near
their homes, schools, and businesses.
Summary of Legal Basis:
42 USC 11023(f)(2); 42 USC 11048;
EPCRA S313; EPCRA S328.
Alternatives:
EPA recognizes the reporting burden
inherent in TRI, and is continuing to
take every reasonable opportunity to
minimize this burden while ensuring
the public's right to know. As such, all
available alternatives will be identified
and evaluated.
Anticipated Cost and Benefits:
EPA has proposed to lower the EPCRA
section 313 reporting thresholds for
lead and lead compounds to 10
pounds. Under this proposal the
estimated aggregate industry cost in the
first year would be $116 million and
in subsequent years would be $60
million. The information reported in
TRI increases the knowledge levels of
lead and lead compounds released to
the environment and pathways to
exposure, improving scientific
understanding of the health and
environmental risks of toxic chemicals;
allows the public to make informed
decisions on where to work and live;
enhances the ability of corporate
lenders and purchasers to more
accurately gauge a facility's potential
liability; and assists Federal, State, and
local authorities in making better
decisions on acceptable levels of toxics
in communities.
Risks:
Currently communities do not have
access to TRI data on lead and lead
compounds that, although released in
relatively small quantities, pose a
potential risk to human health and the
environment because they persist and
bioaccumulate. By lowering the
reporting thresholds for lead and lead
compounds the public will be able to
determine if these chemicals are being
released into their communities and
whether any action should be taken to
reduce potential risks.
Timetable:
Action
Date
FR Cite
NPRM 08/03/99 64 FR 42222
Notice Extension of 09/21/99 64 FR 51093
Comment Period to
11/01/99
Notice Extension of 10/29/99 64 FR 58370
Comment Period to
12/16/99
Final Action 10/00/00
-------
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/The Regulatory Plan 73497
Regulatory Flexibility Analysis
Required:
No
Small Entities Affected:
Businesses
Government Levels Affected:
Federal, State
Additional Information:
SAN No. 4259
Fomerly listed as RIN 2070-AD38.
By statute and regulation, this rule will
affect SIC codes 20-39, 10 (except SIC
codes 1011, 1081,1094), 12 (except SIC
code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact:
Maria Doa
Environmental Protection Agency
Office of Environmental Information
2844
Washington, DC 20460
Phone: 202 260-9592
Fax: 202 401-8142
Email: doa.maria@epa.gov
Daniel R. Bushman
Environmental Protection Agency
Office of Environmental Information
2844
Washington, DC 20460
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
RIN: 2025-AA05
BILLING CODE 6560-50-S
-------
A. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES 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 *he periodic review of its rules that have significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to
review in'the next year. Some agencies use The Regulatory Plan and the Unified Agenda to fulfill this
requirement. Those agencies indicate such entries by appending "(Section 610 Review)" to the titles. Some
agencies have also indicated completions of section 610 reviews or rulemaking actions resulting from com-
pleted section 610 reviews.
The following index lists the regulatory actions for which agencies included this designation. The Se-
quence Number (Seq. No.) of the entry identifies the location of the entry in this edition. For further
information, see the Regulatory Information Service Center's Introduction to The Regulatory Plan and the
Unified Agenda in part II of this issue.
Seq.
No.
3816
Title
EPA
Criteria for Municipal Solid Waste
Landfills (Completion of a Sec-
tion 610 Review)
Seq.
No.
3826
Title
Effluent Guidelines and Standards
for the Organic Chemicals, Plas-
tics and Synthetic Fibers Cat-
egory (Section 610 Review)
VerDate 02 10 13:32 Dec 20, 2000 Jkt 000000 PO 00000
EPA_610.TXT GSA1 PsN: GSA1
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B. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES FOR WHICH A
REGULATORY FLEXIBILITY ANALYSIS IS REQUIRED
•
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
those rules that may have a significant economic impact on a substantial number of small entities. Agencies
meet that^ requirement by including the information in their submissions for The Regulatory Plan and the
Unified Agenda
The following index lists the regulatory actions in this publication for which agencies believe that
the Act may require a Regulatory Flexibility Analysis because the rule is likely to have such effects on
small businesses, small governmental jurisdictions, or small organizations. The Sequence Number (Seq. No.)
of the entry identifies .the location of the entry in this edition. For further information, see the Regulatory
Information Service Center's Introduction to The Regulatory Plan and the Unified Agenda in part II of
this issue.
Seq
No.
120
125
126
127
*
128
136
143
144
145
3527
3564*
Small Businesses
Title
EPA
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Effluent -Guidelines and Standards
for thfe Metal Products and Ma-
chinery Category, Phases 1 and
2
Effluent Guidelines and Standards
for Feedlots Point Source Cat-
egory, and NPDES Regulation for
Concentrated Animal Feeding
Operations
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Heavy-Duty Engine Emission
Standards and Diesel Fuel Sulfur
Control Requirements
National Primary Drinking Water
Regulations: Radon
National- Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
NESHAP: Reinforced Plastic Com-
posites Production
Control of Emissions of Air Pollution
From New Compression-Ignition
and Spark-Ignition Recreational
Marine Engines
Seq.
No.
3615
3637
3667
3745
3813
3842
3876
3902
Title
Phase I .Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
Control of Emissions of Hazardous
Pollutants From Motor Vehicles
and Motor Vehicle Fuels
Identification of Additional Ozone
Areas Attaining the 1-Hour Stand-
ard and to Which the 1-Hour
Standard Is No Longer Applicable
(7 Areas)
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State_
Plan Rule—Building and Struc-
tures Section 402(a)
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
Small Governmental Jurisdictions
Seq.
No.
127
Title
EPA
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
Seq.
No.
128
143
144
145
3745
3813
3902
Seq.
No.
127
128
144
Title
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
Small Organizations
Title
EPA
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking .Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
National Primary Drinking Water
Regulations: Ground Water Rule
VerDate0210 13'28Dec20, 2000 Jkt 000000 PO 00000
EPA_REQTXT GSA1 PsN: GSA1
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2 .
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Reg Flex Analysis Index
Small Organizations—Cont.
Seq.
No.
145
3813
Title
National' Primary Drinking Water
. Regulations: Arsenic and Clari-
• fications to Compliance and New
Source Contaminant Monitoring
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Seq.
No.
3902
Title
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
VerDate0210 13:28 Dec 20, 2000 Jkt 000000 PO 00000
EPA_REQTXT GSA1 PsN GSA1
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C. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES THAT MAY AFFECT
SMALL ENTITIES WHEN A REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED
The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying
those rules that may have a significant economic impact on a substantial number of small entities. Agencies
meet that requirement by including the information in their submissions for The Regulatory Plan and the
Unified Agenda. Some agencies have chosen to identify additional regulatory actions that may have some
impact on small entities even though a Regulatory Flexibility Analysis may not be required.
The following index lists the regulatory actions in this publication for which agencies have chosen
to indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may
not be required. The Sequence Number (Seq. No.) of the entry identifies the location of the entry in this
edition. For further information, see the Regulatory Information Service Center's Introduction to The Regulatory
Plan and the Unified Agenda in part II of this issue.
Small Businesses
Seq.
No.
Seq.
No.
108
109
112
113
114
115
116
129
137*
139
140
146
3462
3463
3465.
Title
EPA
Chemical Right-to-Know Initiative -
High- Production Volume (HPV)
Chemicals
Regulatory Incentives for the Na-
tional Environmental Achievement
Track Program
Operating Permits: Revisions (Part
70)
NESHAP: Plywood and Composite
Wood. Products
NESHAP: Reciprocating Internal
Combustion Engine
NESHAP: Combustion Turbine
NESHAP: Industrial, Commercial
and Institutional Boilers and Proc-
ess Heaters
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties'Under Section 316(b) of the
Clean Water Act
Plant-Incorporated Protectants;
FIFRA Rule and FFDCA Toler-
ance Actions
TSCA Inventory Update Rule
Amendments
Lead; Identification of Dangerous
Levels of Lead Pursuant to TSCA
Section 403
TRI; Lowering of EPCRA Section
313^ Reporting Thresholds for
Lead'and Lead Compounds
Utilization of Small, Minority and
Women's Business Enterprises in
' Procurement Under Assistance
Agreements
Revision to EPAAR 1552.211-73,
Level of Effort
Revisions to Acquisition Regulation
• Concerning Conflict of Interest
3466
3470
3471
3474
3480
3483
3484
3489
3490
3496
3497
3503
3507
3508
3511
3513
3515
3528
3530
3531
Title
Seq.
No.
Incrementally Funding Fixed Price
Contracts
Public Information and Confidential-
ity Regulations
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
• mation Act
Contractor Diversity Clause
EPA Mentor-Protege Program
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
Electronic Funds Transfer
Public Information and Confidential-
ity Regulations
Rewriting of EPA Regulations lm-~"
plementing the Freedom of Infor-
mation Act
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
InspectioiVMaintenance Recall Re-
quirements
NESHAP: Cellulose Production
Manufacturing
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattam-
ment Areas
Protection of Stratospheric Ozone:
Allowance System for Controlling
HCFC Production, Import & Ex-
port
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Clay Minerals Processing
National Emission Standards for
Hazardous Air Pollutants: Mis-
cellaneous Organic Chemical
Manufacturing and Miscellaneous
Coating Manufacturing
Amendments to General Provisions
Subparts A and B for 40 CFR 63
NESHAP: Paint Stripping Oper-
ations
3533
3534
3535
3537
3541
3542
3543
3545
3546
3547
3551
3552
3553
3554
3557
3558
3561
3563
3569
Title
Petroleum Solvent Dry Cleaners
Maximum Achievable Control
Technology (MACT) Standard
NESHAP: Large Appliance (Surface
Coating)
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
NESHAP: Refractories Manufactur-
ing
NESHAP: Metal Can (Surface Coat-
ing) Industry
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Automobile and Light-
Duty Truck Manufacturing (Sur-
face Coating)
NESHAP: Chromium Electroplating
Amendment
NESHAP: Site Remediation
NESHAP: Leather Finishing Oper-
ations
NESHAP: Amino/Phenolic Resins
Amendment
Metal Furniture (Surface Coating)
NESHAP
Plastic Parts (Surface Coating)
NESHAP
NESHAP: Wood Building Products
(Surface Coating)
Protection of Stratospheric Ozone:
Reconsideration of Section 608
Sales Restriction
Paper and Other Web Coating
NESHAP
NESHAP: Chromium Electroplating
Amendment
Control of Emissions From Nonroad
Spark-Ignition Engines Rated
Over 19 kW and New Land-
Based Recreational Spark-Igni-
tion Engines
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Small Entities Index
Small Businesses—Cont.
Seq.
No.
Seq.
No.
3570
3572
3576
3580
3585
3586
3591
3592
3593
3594
3602
3603
3614
3616
3617
3620
3622
3623
3625
3626
Title
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
NESHAP: Brick, Structural Clay
Products, and Clay Ceramics
Manufacturing
NESHAP: Lightweight Aggregate
Manufacturing
Control.- of Methyl Tertiary Butyl
Ether .(MTBE)
NESHAP for Friction Products Man-
ufacturing Industry
•NESHAP for Flexible Polyurethane
Foam Fabrication Operations
Clarification 'to Existing Part 63
NESHAP Delegations' Provisions
Protection of Stratospheric Ozone:
Phaseout of
Chlorobromomethane (Halon
1011) Production and Consump-
tion
Federal Plan for Commercial and
Industrial Solid Waste Inciner-
ation Units
Revisions to Part 97 Federal NOx
Budget Trading Program Allow-
ance Allocation Method and Part
75 Output and Emissions Mon-
itoring Provisions
NSPS: Synthetic Organic Chemi-
cals Manufacturing Industry -
Wastewater (FINAL) and Amend.
• to Appendix C of Part 63 and Ap-
pendix J of Part 60
NESHA'P: Petroleum Refineries;
Catalytic Cracking Units, Catalytic
Reforming Units and Sulfur Re-
covery Units
NESHAP: Organic Hazardous Air
Pollutants From the Synthetic Or-
ganic Chemical Industry (SOCMI)
& Other Processes Subject to the
Negotiated Regulation for Equip-
ment Leaks
NESHAP: Wet-Formed Fiberglass
Mat Production
Protection of Stratospheric Ozone:
Reconsideration on the 610 Non-
essential Products Ban
NESHAP: Phosphate Fertilizers
Production
NESHAP: Manufacturing of Nutri-
tional Yeast
NESHAP: Boat Manufacturing
NESHAP: Metal Coil (Surface Coat-
ing) Industry
NESHAP: Solvent Extraction for
Vegetable Oil Production
3628
3631
3634
3657
3659
3660
3671
3683
3686
3688
3689
3690
3697
3705
3707
3708
3709
3711
3713
3716
3717
3719
3722
Title
Seq.
No.
New Source Performance Stand-
ards and Emission Guidelines for
Commercial and Industrial Solid
Waste Incineration Units
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
NESHAP: Chemical Recovery Com-
bustion Sources at Kraft, Soda,
Sulfite and Stand-Alone
Semichemical Pulp Mills
NESHAP: Friction Products Manu-
facturing
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
NESHAP: Oil and Natural Gas Pro-
duction
NESHAP: Aluminum Die Casting
and Aluminum Foundries
NESHAP: Secondary Aluminum In-
dustry
Nonroad Spark-Ignition Engines At
or Below 19 Kilowatts (25 Horse-
power) (Phase 2)
Control of Emissions of Air Pollution
From 2004 and Later Model Year
Heavy-Duty Highway Engines
and Vehicles; Revision of Light-
Duty Truck Definition
Hospital/Medical/lnfectious Waste.
Incinerators—Federal Plan (Fed-
eral Plan for existing
Hospital/Medical/lnfectious Waste
Incinerators)
NESHAP: Ethylene Oxide Commer-
cial Sterilization and Fumigation
Operations .
Amendments to the NESHAP: Halo-
genated Solvent Cleaning
Data Requirements for Pesticide
Registration (Revision)
Pesticides; Procedures for Registra-
tion Review Program
Data Requirements for Antimicrobial
Registrations; Product Chemistry
Requirements
Registration of Granular Fertilizer-
Pesticide Combination Products
Pesticides; Tolerance Processing
Fees
Pesticide Management and Dis-
posal
Registration Requirements for Anti-
microbial Pesticide Products; and
Other Pesticide Regulatory
Changes
Pesticide Tolerance Reassessment
Program
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Test Rule; ATSDR Substances
3723
3724
3725
3726
3727
3729
3732
3733
3734
3735
3738
3739
3741
3742
3743
3744
3746
3747
3748
3749
3750
3751
3752
3753
Title
Voluntary Children's Chemical Eval-
uation Testing Program
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
TSCA Section 4 Enforceable Con-
sent Agreement for Certain
Oxygenated Fuel Additives
Follow-Up Rules on Existing Chemi-
cals
Certain Perfluoroalkyl Sulfonyl
(Pfos) Containing Chemical Sub-
stances; Significant New Use
Rule
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Test Rules; Generic Entry for Final
Decisions
Test Rule; Hazardous Air Pollutants
(HAPs)
Test Rule; OSHA Chemicals Der-
mal Testing
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Reclassification of PCB and PCB
Contaminated Electrical Equip-
ment Final Rule
TSCA Section 8(a) Preliminary As-
sessment Information Rules
TSCA Section 8(d) Health and
Safety Data Reporting Rules
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
TSCA Section 8(e) Policy; Notice of
Clarification
Test Rule for Certain Metals
PCBs; Polychlorinated Biphenyls;
Exemptions From the Prohibitions
Against Manufacturing, Process-
ing, and Distribution in Com-
merce
Lead; Regulatory Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
Refractory Ceramic Fibers; Signifi-
cant New Use Rules on National
Program Chemicals
Asbestos Model Accreditation Plan
Revisions
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Test Rules; Generic Entry for Pro-
posed Decisions
Test Rules; Negotiated Consent
Order and Test Rule Procedures
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Small Entities Index
Small Businesses—Cont.
Seq.
No.
Seq.
No.
3754
3755
3756
3759
3761
3765
3766
3769
3770
3771
3772
3776
3779
3782
3784
3786
3787
3797?
3801
Title
TSCA Biotechnology Follow-Up
Rules
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; 'Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Chemical Expansion; Fmaliza-
tion of Deferred Chemicals
TRI; Data Expansion Amendments;
Toxic Chemical Release Report-
ing^Community Right-to-Know
TRI; Responses to Petitions Re-
ceiyed To Add or Delete or Mod-
ify •Chemical Listings on the Toxic
Refease Inventory
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
TRI; • Revisions to the Otherwise
Use Activity Exemptions and the
Coal"Extraction Activities Exemp-
tion
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Listing of Hazardous Waste; Inor-
ga'nic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Hazard-
ous Substances Reportable
dbantities
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipes
Reinventing the Land Disposal Re-
strictions Program
Proposed Regulatory Amendments
on '• Recycling of Hazardous
Wastes in Fertilizers
Tempo'rary Suspension of Toxicity
Characteristic Rule for Specific
• Lead-Based Paint Debris
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
3805
3807
3809
3811
3814
3828
3830
3832
3833
3835
3838
3839
3841
3843
3845
3847
3849
3851
3853
3856
Title
Seq.
No.
Listing Determination of Wastes 3858
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig- 3859
ments
RCRA Subtitle C Financial Test Cri-
teria (Revision) 3860
Land Disposal Restrictions; Poten-
tial Revisions for Mercury Listed
and Characteristic Wastes
Amendments to the Corrective Ac- 3862
tion Management Unit Rule
Project XL Site-Specific Rulemaking
for the US Filter Recovery Serv- 3863
ices, Roseville, Minnesota and
Approved Generators and Trans-
porters of USFRS XL Waste.
Effluent Guidelines and Standards 3864
for the Iron and Steel Manufactur-
ing Point Source Category (Revi-
sions)
Water Quality Standards Regulation 3865
— Revision
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts 3866
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule — 3870
Round III
Ocean Discharge Criteria Revisions
Clean Water Act Definition of Wa-
ters of the United States
Pretreatment Program Reinvention 3871
Pilot Projects Under Project XL
Effluent Guidelines and Standards
for Synthetic-Based Drilling Fluids
in the Oil and Gas Extraction 3872
Point Source Category (Revi-
sions) 3873
Amend the Final Water Quality
Guidance for the Great Lakes 3874
System To Prohibit Mixing Zones
for Bioaccumulative Chemicals of
Concern 3875
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the 3882
Clean Water Act, Phase One
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu- 3883
tion
Further Revisions to Clean Water 3887
Act Definition of Discharge of
Dredged Material
Effluent Guidelines and Standards 3890
for the Pulp, Paper, and Paper-
board Category, Phase II 3893
Effluent Guidelines and Standards
for the Construction and Develop- 3896
ment Industry
Title
Effluent Guidelines and Standards
for the Aquatic Animal Production
Industry
Effluent Guidelines and Standards
for the Meat 'Products Point
Source Category (Revisions)
Effluent Guidelines and Standards
for the Industrial Container and
Drum Cleaning Point Source Cat-
egory.
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Round I Sewage Sludge Use or
Disposal Rule — Phase Two
Amendments
Effluent Guidelines and Standards
for the Transportation Equipment
Cleaning Category
Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act
NPDES Streamlining Rule —
Round II
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
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Smalh Businesses—Cont.
Seq.
No.
Seq.
No.
3900
3903
3904
3905
3909
3910
Title
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
Natiqnal Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Public Water System Public Notifi-
cation Regulation
Shore' Protection Act, Section
4103(b) Regulations
Small Governmental Jurisdictions
Seq.
No.
108
109
112
114
115
129
131
132
140
3462
3471
Title
EPA
Chenjjcal Right-to-Know Initiative -
Higfi Production Volume (HPV)
Chemicals
Regulatory Incentives for the Na-
tional Environmental Achievement
Track Program
Operating Permits: Revisions (Part
70>
NESHAP: Reciprocating Internal
Combustion Engine
NESHAP: Combustion Turbine
Minimizing Adverse Environmental
Impact From Cooling Water In-
take-Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion" .
Revision, to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Lead; Identification of Dangerous
Levels of Lead Pursuant to TSCA
Section 403
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
•Agreements
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
3490
3498
3504
3507
3508
3535
3546
3580
3590
3593
3624
3628
3631
•3635
3663
3670
3726
3729
3732
3738
3739
3740
Title
Seq,
No.
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Method 301: Field Validation of Pol-
lution Measurement Methods for
Various Media; Revisions
NESHAP: Municipal Solid Waste
Landfills
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
NESHAP: Site Remediation
Control of Methyl Tertiary Butyl
Ether (MTBE)
Revising Regulations on Ambient
Air Quality Monitoring
Federal Plan for Commercial and
Industrial Solid Waste Inciner-
ation Units
Revisions to the Regulation for Ap-
proval of State Programs and
Delegation of Federal Authorities
112(1)
New Source Performance Stand-
ards and Emission Guidelines for
Commercial and Industrial Solid-
Waste Incineration Units
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Standards and Guidelines for Small
Municipal Waste Combustion
Units
NSPS: New Source Performance
Standards and Emission Guide-
lines for Other Solid Waste Incin-
erators
Rescinding the Finding That the
Pre-Existing PM10 Standards Are
No Longer Applicable in Northern
Ada County/Boise, Idaho
Follow-Up Rules on Existing Chemi-
cals
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Reclassification of PCB and PCB
Contaminated Electrical Equip-
ment Final Rule
Asbestos Worker Protection Rule
Amendments
3743
3747
3750
3751
3775
3782
3797
3814
3824
3830
3832
3833
3835
3836
3838
3839
3841
3845
3847
Title
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
PCBs; Polychlorinated Biphenyls;
Exemptions From the Prohibitions
Against Manufacturing, Process-
ing, and Distribution in Com-
merce
Asbestos Model Accreditation Plan
Revisions
PCBs; Polychlorinated Biphenyl;
Use Authorizations
Accidental Release Prevention Re-
quirements; Risk Management
Programs Under the Clean Air
Act Section 112(r)(7); Distribution
of Off-Site Consequences Analy-
sis Information
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Project XL Site-Specific Rulemaking
for the US Filter Recovery Serv-
ices, Roseville, Minnesota and
Approved Generators and Trans-
porters of USFRS XL Waste.
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Water Quality Standards Regulation
— Revision
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule —
Round III
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Ocean Discharge Criteria Revisions
Clean Water Act Definition of Wa-
ters of the United States
Pretreatment Program Reinvention
Pilot Projects Under Project XL
Amend the Final Water Quality
Guidance for the Great Lakes
System To Prohibit Mixing Zones
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Small Entities Index
Small Governmental Jurisdictions—Cont.
Seq. .
No.
Seq.
No.
384a
3851
\
3856
3862
3863
3864
I
3865
3866
3870
3872
3873
3874
3882
3883
3887
3890
3893
3896
3900
Title
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion.'
Further Revisions to Clean Water
Act. Definition of Discharge of
Dredged Material
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test. Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
CorPlanar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and. Volatile Organics Under the
Clean Water Act, Phase Two
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under. Section 316(b) of the
Clean Water Act
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Round" I Sewage Sludge Use or
Disposal Rule — Phase Two
Amendments
"Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act
NPDES Streamlining Rule —
' Round II
Use "of Screening Procedures for
Compliance Monitoring of Drink-
ing.Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
Regulaied Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
National Primary Drinking Water
Regulations: Sulfate
3903
3904
3905
3909
3910
title
Seq.
No.
Seq.
No.
131
132
140
3462
3471
3483
3490
3580
3729
3732
3743
3751
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Public Water System Public Notifi-
cation Regulation
Shore Protection Act, Section
4103(b) Regulations
Small Organizations
Title
EPA
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Lead; Identification of Dangerous
Levels of Lead Pursuant to TSCA
Section 403
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Environmental Impact Assessment
of Nongovernmental Activities in
Antarctica
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Control of Methyl Tertiary Butyl
Ether (MTBE)
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
PCBs; Polychlorinated Biphenyl;
Use Authorizations
3754
3775
3797
3832
3833
3847
3862
3863
3864
3865
3866
3882
3883
3887
3890
3893
3896
3900
3903
Title
TSCA Biotechnology Follow-Up
Rules
Accidental Release Prevention Re-
quirements; Risk Management
Programs Under the Clean Air
Act Section 112(r)(7); Distribution
of Off-Site Consequences Analy-
sis Information
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act
NPDES Streamlining Rule —
Round II
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
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Small Organizations—Cont.
Seq.
No.
3904
3905
Title
Revision to the' Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Seq. .
No.
3909
Title
Public Water System Public Notifi-
cation Regulation
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D. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES THAT MAY AFFECT
GOVERNMENT LEVELS
Executive Order 12866 entitled "Regulatory Planning and Review" (October 4, 1993; 58 FR 51735) and
the .Unfunded Mandates Reform Act of 1995 (P.L. 104-4) direct agencies to assess the effects of Federal
regulations on State, local, and tribal governments. In addition, Executive Order 12875 entitled "Enhancing
the Intergovernmental Partnership" (October 26, 1993; 58 FR 58093) directs agencies to reduce the imposition
of unfunded mandates upon State, local, and tribal governments. In keeping with these efforts, agencies
include in-their submissions for The Regulatory Plan and the Unified Agenda information on whether their
regulatory actions have an effect on various levels of government.
The following index lists the regulatory actions in this publication that agencies believe may have
effects on ''State, local, tribal, or Federal levels of government. The Sequence Number (Seq. No.) of the
entry identifies the location of the entry in this edition. For further information, see the Regulatory Information
Service Center's Introduction to The Regulatory Plan and the Unified Agenda in part II of this issue.
State Government
Seq.
No.
Seq.
No...
109
110
111
112
113
116
117
118
119
120
122
123
124
125
Title
EPA
Regulatory Incentives for the Na-
tional Environmental Achievement
Track Program
NAAQS: Sulfur Dioxide (Response
to Remand)
New Source Review (NSR) Im-
provement
Operating Permits: Revisions (Part
70)
NESHAP: Plywood and Composite
Wood Products
NESHAP: Industrial, Commercial
and Institutional Boilers and Proc-
ess Heaters
Review of the National Ambient Air
Quality Standards for Particulate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Ruleroakings for the Purpose of Re-
ducing Interstate Ozone Trans-
port
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Hazardous Waste Manifest Regula-
tion,
Standardized Permit for RCRA Haz-
ardous Waste Management Fa-
cilities
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Electric Power Produc-
ers
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
126
127
128
129
130
131
133
138
140
141
142
143
144
Title
Seq.
No.
Effluent Guidelines and Standards
for Feedlots Point Source Cat-
egory, and NPDES Regulation for
Concentrated Animal Feeding
Operations
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Minimizing Adverse Environmental,
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Implementation of Ozone and Par-
ticulate Matter (PM) National Am-
bient Air Quality Standards
(NAAQS) and Regional Haze
Regulations
Groundwater and Pesticide Man-
agement Plan
Lead; Identification of Dangerous
Levels of Lead Pursuant to TSCA
Section 403
Hazardous Waste Identification
Rule (HWIR): Identification and
Listing of Hazardous Wastes
Storage, Treatment, Transportation,
and Disposal of Mixed Waste
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
145
146
3462
3491
3496
3498
3508
3509
3510
3513
3514
3515
3516
3517
3518
Title
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Method 301: Field Validation of Pol-
lution Measurement Methods for
Various Media; Revisions
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Minerals Processing
NESHAP: Polyvinyl Chloride and
CoPolymers Production
NESHAP: Uranium Hexafluoride
Production
Performance Specification 16 -
Specifications and Test Proce-
dures for Predictive Emission
Monitoring Systems in Stationary
Sources
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State Government—Cont.
Seq.
No.
Seq.
No.
3520
3526
3529'
3530
3531
3533
3534
3535
3536
3539
3549
3542
3543
3544
3545
3549
3551
3553
3560
3561
3562
3569
3570
•
3571
3572-
*
3576
3577
Title
Decision on a Petition From the
Territory of American Samoa To
Be Exempted From the Gasoline
Anti-Dumping Regulations
NESHAP: Integrated Iron and Steel
NESHAP: Chlorine Production
Amendments to General Provisions
Subparts A and B for 40 CFR 63
NESHAP: Paint Stripping Oper-
ations
Petroleum Solvent Dry Cleaners
Maximum Achievable Control
Technology (MACT) Standard
.NESHAP: Large Appliance (Surface
Coating)
NESHAP: Miscellaneous Metal
Parts and Products (Surface
Coating)
NESHAP: Asphalt Roofing and
Processing
NESHAP: Lime Manufacturing
NESHAP: Semiconductor Produc-
tion.
NESHAP: Fabric Printing, Coating
and Dyeing
NESHAP: Automobile and Light-
Duty Truck Manufacturing (Sur-
face Coating)
NESHAP: Primary Magnesium Re-
fining
NESHAP: Chromium Electroplating
Amendment
NESHAP: Organic Liquids Distribu-
tion (Non-Gasoline)
NESHAP: Amino/Phenolic Resins
Amendment
Plastic • Parts (Surface Coating)
NESHAP
NESHAP: Generic MACT for Car-
bon Black, Ethylene, Cynaide and
Spandex
NESHAP: Chromium Electroplating'
Amendment
NESHAP: Alumina Processing
National1 VOC Emission Standards
for . Consumer Products; Pro-
posed Amendments
NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
NESHAP for the Printing and Pub-
. lish'ing Industry; Amendments
NESHAP: Brick, Structural Clay
Products, and Clay Ceramics
Manufacturing
NESHAP: Lightweight Aggregate
Manufacturing
National Ambient Air Quality Stand-
ard -for Ozone - Corrections No-
tice
3578
3579
3581
3583
3586
3589
3590
3591
3593
3595
3610
3611
3615
3620
3621
3622
3626
3631
3640
3645
3653
3654
Title
Seq.
No.
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
NESHAP: Taconite Iron Ore Proc-
essing Industry
New Source Review (NSR) Im-
provement: Utility Sector Offramp
Program
NESHAP for Flexible Polyurethane
Foam Fabrication Operations
Revision to the Source Category
Listing for Section 112(d)(2) Rule-
making Pursuant to Section
112(c)(6) Requirements.
Revising Regulations on Ambient
Air Quality Monitoring
Clarification to Existing Part 63
NESHAP Delegations' Provisions
Federal Plan for Commercial and
Industrial Solid Waste Inciner-
ation Units
Guidelines for Best Available Retro-
fit Technology (BART)
Addition of Opacity Method to Ap-
pendix M of 40 CFR Part 51
(Method 203)
Consolidated 'Emissions Reporting
Rule
Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
NESHAP: Phosphate Fertilizers
Production
NESHAP: Primary Copper Smelting
NESHAP: Manufacturing of Nutri-
tional Yeast
NESHAP: Solvent Extraction for
Vegetable Oil Production
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Amendments to the Aerospace
Manufacturing and Rework Facili-
ties NESHAP for the HAP and
VOC Content Limits for Primer
Operations and Stay of Compli-
ance
Amendments to State and Federal
Operating Permits Programs, Part
70 and Part 71, Compliance Cer-
tification Requirements
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
General Conformity Regulations;
Revisions
3655
3657
3658
3659
3660
3663
3664
3668
3676
3679
3682
3684
3700
3701
3702
3710
3713
3718
3720
3722
3723
3724
3729
3732
3738
Title
Revisions to Air Pollution Emer-
gency Episode Requirements
(SubpartH, 40 CFR Part 51)
NESHAP: Friction Products Manu-
facturing
NESHAP: Manufacture of Carbon
Black
NESHAP: Flexible Polyurethane
Foam Fabrication Operations
NESHAP: Oil and Natural Gas Pro-
duction
NSPS: New Source Performance
Standards and Emission Guide-
lines for Other Solid Waste Incin-
erators
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federal Class I Areas
Revision to NOx SIP Call Emission
Budgets for Connecticut, Massa-
chusetts and Rhode Island
NSPS: Sewage Sludge Incinerators
NESHAP: Hydrogen Chloride Pro-
duction
NESHAP: Off-Site Waste Recovery
Operations; Additional Technical
Amendments
Offset Lithographic Printing National
VOC Rule
Extending Operating Permits Pro-
gram Interim Approval Expiration
Dates
Electric Arc Furnace NSPS Amend-
ment
Protective Action Guidance for
Drinking Water
Tolerances for Pesticide Emergency
Exemptions
Pesticide Management and Dis-
posal
Policy or Procedures for Notification
to the Agency of Stored Pes-
ticides With Cancelled or Sus-
pended Registration
Regulatory Review of Pesticide
Emergency Exemption Regula-
tions
Test Rule; ATSDR Substances
Voluntary Children's Chemical Eval-
uation Testing Program
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
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State Government—Cont.
Seq.
No.
Seq.
No.
3739
3740
3745.
3750
3751
3754
3755
3756
3759,
3760
3761
3765
3766
3767
3768
3769
3770
3771
3772
,\
3774
Title
3775
Reclassification of PCB and PCB
Contaminated Electrical Equip-
ment Final Rule
Asbestos Worker Protection Rule
Amendments
.Lead-Based Paint Activities Rules;
training, Accreditation, and Cer-
tification Rule and 'Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Asbestos Model Accreditation Plan
Revisions
PCBs; Polychlorinated Biphenyl;
Use Authorizations
TSCA Biotechnology Follow-Up
Rules
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Review of Chemicals on the
Original TRI List
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI-;-.Data Expansion Amendments;
Toxic Chemical Release Report-
ing; Community Right-to-Know
TRI; Review of Chemicals on the
Original TRI List
TRI; Addition of Oil and Gas Explo-
ration and Production to the Toxic
Release Inventory
TRI; --Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
3776
3777
3779
3780
3782
3784
3785
3787
3793
3794
3796
3797
3798
3800
Title
Seq.
No.
Accidental Release Prevention Re-
quirements; Risk Management
Programs Under the Clean Air
Act Section 112(r)(7); Distribution
of Off-Site Consequences Analy-
sis Information
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Hazard-
ous Substances Reportable
Quantities
Office of Solid Waste Burden Re-
duction Project
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Modifications to RCRA Rules Asso-
ciated With Solvent-Contaminated
Shop Towels and Wipes
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes-
to Hazardous Waste Regulations
Proposed Regulatory Amendments
on Recycling of Hazardous
Wastes in Fertilizers
Recycled Used Oil Containing
PCBs
Listing Determination for
Wastewaters and Wastewater
Treatment Sludges From
Chlorinated Aliphatics Produc-
tions; Land Disposal Restrictions
for Newly Identified Waste
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners From Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Alternative Land Disposal Restric-
tions Treatment Standards for
Contaminated Soils, Deferral of
PCB's as an Underlying Hazard-
ous Constituent in Soil
Hazardous Waste Management
System: Slag Residues Derived
From High-Temperature Metals
Recovery (HTMR) Treatment of
KO61, KO62 and F0006 Wastes
3801
3802
3803
3805
3807
3808
3813
3814
3817
3820
3821
3824
3828
3830
3831
3832
3832
3833
3835
3836
Title
Hazardous Waste Identification; Re-
cycled Used Oil Management
Standards
Management of Cement Kiln Dust
(CKD)
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
RCRA Subtitle C Financial Test Cri-
teria (Revision)
NESHAPS: Standards for Hazard-
ous Air Pollutants for Hazardous
Waste Combustors-Phase II Cov-
ering Boilers and Certain Indus-
trial Furnaces
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Project XL Site-Specific Rulemaking
for the US Filter Recovery Serv-
ices, Roseville, Minnesota and
Approved Generators and Trans-
porters of USFRS XL Waste.
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Grants for Technical Assistance
Rule Reform—40 CFR Part 35
Subpart M
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Iron and Steel Manufactur-
ing Point Source Category (Revi-
sions)
Water Quality Standards Regulation
— Revision
Water Quality Standards for Indian
Country Waters •
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Water Quality Standards for Ala-
bama—Phase II
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule —
Round III
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
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State Government—Cont.
Seq.
No.
Seq.
No.
3837
3838
3839
3841
3842
3843
3844
3845
3845
3846
3847
3848
3849*
3851
3853
3854
3855
3856
Title
Recognition Awards Under the
Clean Water Act
Ocean Discharge Criteria Revisions
Clean Water Act Definition of Wa-
ters of the United States
Pretreatment Program Reinvention
Pilot Projects Under Project XL
Effluent Guidelines arid Standards
for the Centralized Waste Treat-
ment Industry
Effluent Guidelines and Standards
for.Synthetic-Based Drilling Fluids
in the Oil and Gas Extraction
Point Source Category (Revi-
sions)
Water Quality Standards for Ala-
bama—Phase I
Amend the Final Water Quality
Guidance for the Great Lakes
System To Prohibit Mixing Zones
for Bioaccumulative Chemicals of
Concern
Water Quality Standards for Ala-
bama—Phase I
Promulgation of Provisions in the
Final Water Quality Guidance for
the Great Lakes System for Wa-
ters Within the Great Lakes Basin
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
' and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
Further Revisions to Clean Water
Act Definition of Discharge of
Dredged Material
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Effluent Guidelines and Standards
for. the Bleached Papergrade
Kraft Subcategory of the Pulp,
Paper, and Paperboard Category;
Certification in Lieu of Monitoring
for Chloroform
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
3857
3861
3862
3863
3864
3865
3866
3867
3868
3870
3871
3872
3873
3874
3875
3876
3878
3878
Title
Seq.
No.
Effluent Guidelines and Standards
for the Dissolving Kraft and Dis-
solving Sulfite Subcategories of
the Pulp, Paper, and Paperboard
Point Source Category (Phase III)
Water Quality Standards for Ala-
bama—Phase II
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortno-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures for the Analysis of
Mercury Under the.Clean Water
Act (Method 245.7)
Revisions to Method Detection and-
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Round I Sewage Sludge Use or
Disposal Rule — Phase Two
Amendments
Effluent Guidelines and Standards
for the Transportation Equipment
Cleaning Category
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
Establishment of Numeric Criteria
for Priority Toxic Pollutants for
the State of California
Water Quality Standards for Califor-
nia
3879
3880
3881
3882
3883
3884
3885
3886
3887
3890
3893
3896
3900
3902
3903
3904
3905
3906
3907
3908
3909
Title
Water Quality Standards: Establish-
ment of Numeric Criteria for Pri-
ority Toxic Pollutants; States'
Compliance
Selenium Criterion Maximum Con-
centration for Water Quality Guid-
ance for the Great Lakes System
EPA Review and Approval-of State
and Tribal Water Quality Stand-
ards
Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act
NPDES Streamlining Rule —
Round II
Establishment of Electronic Report-
ing for NPDES Permittees
Total Maximum Daily Load (TMDL)
Program Regulations and Sup-
porting NPDES Revisions
Total Maximum Daily Load (TMDL)
- NPDES and WQS Regulations
Revisions
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Update of State Underground Injec-
tion Control Programs
Drinking Water State Revolving
Fund Regulations
Removal of the Maximum Contami-
nant Level Goal for Chloroform
From the National Primary Drink-
ing Water Regulations
Public Water System Public Notifi-
cation Regulation
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Local Government
Seq. .
No.
Seq.
No.
110
112
113
115
116
117
4
118
120
124
125
126
127
128
129
130
131
140"'
143
144
Title
EPA
NAAQS: Sulfur Dioxide (Response
to Remand)
Operating Permits: Revisions (Part
70)
NESHAP: Plywood and Composite
Wood Products
NESHAP: Combustion Turbine
NESHAP: Industrial, Commercial
and Institutional Boilers and Proc-
ess -Heaters
Review of the National Ambient Air
Quality Standards for Paniculate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999, Court Decision
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Electric Power Produc-
ers
Effluent Guidelines and Standards
for the Metal Products and Ma-
• chinery Category, Phases 1 and
2
Effluent Guidelines and Standards
for Feedlots Point Source Cat-
egory, and NPDES Regulation for
Concentrated Animal Feeding
Operations
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule '
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts- Rule
Minimizing Adverse Environmental
Impact From Cooling Water In-
• take Structures at Existing Facili-
ties Under Section 316(b> of the
Clean Water Act
' Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Lead;:. Identification of Dangerous
Levels of Lead Pursuant to TSCA
Section 403
Nationaj Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
145
3462
3491
3496
3498
3505
3508
3509
3510
3513
3514
3515
3516
3520
3533
3536
3539
3540
3543
3549
3551
3560
3562
3569
3571
Title
Seq.
No.
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Method 301: Field Validation of Pol-
lution Measurement Methods for
Various Media; Revisions
Transportation Conformity Rule
Amendment: Clarification of Trad-
ing Provisions
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Asphalt/Coal Tar Applica-'
tion on Metal Pipes
NESHAP: Clay Minerals Processing
NESHAP: Polyvinyl Chloride and
CoPolymers Production
Decision on a Petition From the
Territory of American Samoa To
Be Exempted From the Gasoline
Anti-Dumping Regulations
Petroleum Solvent Dry Cleaners
Maximum Achievable Control
Technology (MACT) Standard
NESHAP: Asphalt Roofing and
Processing
NESHAP: Lime Manufacturing
NESHAP: Semiconductor Produc-
tion
NESHAP: Automobile and Light-
Duty Truck Manufacturing (Sur-
face Coating)
NESHAP: Organic Liquids Distribu-
tion (Non-Gasoline)
NESHAP: Amino/Phenolic Resins
Amendment
NESHAP: Generic MACT for Car-
bon Black, Ethylene, Cynaide and
Spandex
NESHAP: Alumina Processing
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP for the Printing and Pub-
lishing Industry; Amendments
3572
3576
3578
3583
3586
3590
3591
3610
3611
3615
3626
3631
3640
3645
3653
3655
3659
3663
3676
3682
3700
3701
Title
NESHAP: Brick, Structural Clay
Products, and Clay Ceramics
Manufacturing
NESHAP: Lightweight Aggregate
Manufacturing
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
New Source Review (NSR) Im-
provement: Utility Sector Offramp
Program
NESHAP for Flexible Poiyurethane
Foam Fabrication Operations
Revising Regulations on Ambient
Air Quality Monitoring
Clarification to Existing Part 63
NESHAP Delegations' Provisions
Addition of Opacity Method to Ap-
pendix M Of 40 CFR Part 51
(Method 203)
Consolidated Emissions Reporting
Rule
Phase I Federal implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
NESHAP: Solvent Extraction for
Vegetable Oil Production
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Amendments to the Aerospace
Manufacturing and Rework Facili-
ties NESHAP for the HAP and
VOC Content Limits for Primer
Operations and Stay of Compli-
ance
Amendments to State and Federal
Operating Permits Programs, Part
70 and Part 71, Compliance Cer-
tification Requirements
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
NESHAP: Rexible Poiyurethane
Foam Fabrication Operations
NSPS: New Source Performance
Standards and Emission Guide-
lines for Other Solid Waste Incin-
erators
NSPS: Sewage Sludge Incinerators
NESHAP: Off-Site Waste Recovery
Operations; Additional Technical
Amendments
Extending Operating Permits Pro-
gram Interim Approval Expiration
Dates
Electric Arc Furnace NSPS Amend-
ment
VerDate02.10 13:29 Dec 20,2000 Jkt 000000 PO 00000
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Government Levels Index
Local Government—Cont.
Seq.
No.
Seq.
No.
3702
3722
3723
3724
3729
3732
4
3738
3740
3745
3750
3751
3754
3774
3775
3777
3779
3780
3782'
3785
Title
3796
Protective Action Guidance for
Drinking Water
Test Rule; ATSDR Substances
Voluntary Children's Chemical Eval-
uation Testing Program
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Asbestos Worker Protection Rule
Amendments
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
' tification Rule and Model State
Plan- Rule—Building and Struc-
tures Section 402(a)
Asbestos Model Accreditation Plan
Revisions
PCBs; Polychlormated Biphenyl;
Use Authorizations
TSCA Biotechnology Follow-Up
Rules
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel .at Retail Facilities
Accidental Release Prevention Re-
quirements; Risk Management
Programs Under the Clean Air
Act Section 112(r)(7); Distribution
of Off-Site Consequences Analy-
sis Information
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Hazard-
ous ' Substances Reportable
Quantities
Office of Solid Waste Burden Re-
duction Project
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
3797
3803
3813
3817
3820
3824
3828
3830
3832
3833
3835
3836
3837
3841
3842
3845
3847
3848
Title
Seq.
No.
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners From Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Iron and Steel Manufactur-
ing Point Source Category (Revi-
sions)
Water Quality Standards Regulation
— Revision
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule —
Round HI
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Recognition Awards Under the
Clean Water Act
Pretreatment Program Reinvention
Pilot Projects Under Project XL
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
Amend the Final Water Quality
Guidance for the Great Lakes
System To Prohibit Mixing Zones
for Bioaccumulative" Chemicals of
Concern
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
3849
3853
3854
3855
3856
3862
3863
3864
3865
3866
3867
3868
3870
3871
3873
3874
3875
Title
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Effluent Guidelines and Standards
for the Bleached Papergrade
Kraft Subcategory of the Pulp,
Paper, and Paperboard Category;
Certification in Lieu of Monitoring
for Chloroform
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biohenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Round I Sewage Sludge Use or
Disposal Rule — Phase Two
Amendments
Effluent Guidelines and Standards
for'the Transportation Equipment
Cleaning Category
VerDate02.10 13:29 Dec 20, 2000 Jkt 000000 PO 00000
EPA_GOVTTXT GSA1 PsN GSA1
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Government Levels Index
Local Government—Cont.
Seq.
No.
Seq.
No.
3882
3883'
3884
38871
3890
3893
3896
3900
3902
3903
3904
3905
3908
3909
3910
Title
Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Wa'ter Act
NPDES Streamlining Rule —
Round II
Establishment of Electronic Report-
ing for NPDES Permittees
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Aidicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Removal of the Maximum Contami-
nant Level Goal for Chloroform
From the National Primary Drink-
ing Water Regulations
Public Water System Public Notifi-
cation Regulation
Shore Protection Act, Section
4103(b) Regulations
Tribal. Government
Seq.,
No. .
117
118
120
Title
EPA
Review of the National Ambient Air
Quality Standards for Paniculate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
1999,"Court Decision
Lead-Based Paint Activities; Train-
ing and Certification for Renova-
tion and Remodeling Section
402(c)(3)
124
126
127
128
129
130
132
138
140
142
143
144
145
3462
3507
3508
3509
3510
3513
3514
3515
Title
Seq.
No.
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Electric Power Produc-
ers
Effluent Guidelines and Standards
for Feedlots Point Source Cat-
egory, and NPDES Regulation for
Concentrated Animal Feeding
Operations
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Groundwater and Pesticide Man-
agement Plan
Lead; Identification of Dangerous
Levels of Lead Pursuant to TSCA.
Section 403
Storage, Treatment, Transportation,
and Disposal of Mixed Waste
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
NESHAP: Coke Ovens: Pushing,
Quenching, and Battery Stacks
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Minerals Processing
3520
3536
3539
3549
3562
3569
3572
3576
3578
3583
3589
3590
3591
3610
3611
3645
3653
3655
3664
3701
3720
3722
3723
3724
Title
Decision on a Petition From the
Territory of American Samoa To
Be Exempted From the Gasoline
Anti-Dumping Regulations
NESHAP: Asphalt Roofing and
Processing
NESHAP: Lime Manufacturing
NESHAP: Organic Liquids -Distribu-
tion (Non-Gasoline)
NESHAP: Alumina Processing
National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
NESHAP: Brick, Structural Clay
Products, and Clay Ceramics
Manufacturing
NESHAP: Lightweight Aggregate
Manufacturing
Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
New Source Review (NSR) Im-
provement: Utility Sector Offramp
Program
Revision to the Source Category
Listing for Section 112(d)(2) Rule-
making Pursuant to Section
112(c)(6) Requirements.
Revising Regulations on Ambient
Air Quality Monitoring
Clarification to Existing Part 63
NESHAP Delegations' Provisions
Addition of Opacity Method to Ap-
pendix M of 40 CFR Part 51
(Method 203)
Consolidated Emissions Reporting
Rule
Amendments to State and Federal
Operating Permits Programs, Part
70 and Part 71, Compliance Cer-
tification Requirements
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
Prevention of Significant Deteriora-
tion of Air Quality: Permit Applica-
tion Review Procedures for Non-
Federal Class I Areas
Electric Arc Furnace NSPS Amend-
ment
Regulatory Review of Pesticide
Emergency Exemption Regula-
tions
Test Rule; ATSDR Substances
Voluntary Children's Chemical Eval-
uation Testing Program
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
VerDate0210 13:29 Dec 20,2000 Jkt 000000 PO 00000
EPA_GOVT.TXT GSA1 PsN: GSA1
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8
Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Government Levels Index
Tribal Government—Cont.
Seq.
No.
Seq.>
No. .
3729
3732
3738
3745
3750
3751
3754
3774
3775
3776
3777
3779
3780
3785*
3796
3797
Title
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Asbestos Model Accreditation Plan
Revisions
PCBs; Polychlorinated Biphenyl;
Use Authorizations
TSCA Biotechnology Follow-Up
Rules
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
Accidental Release Prevention Re-
quirements; Risk Management
Programs Under the Clean Air
Art Section 112(r}(7); Distribution
of Off-Site Consequences Analy-
sis Information
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Hazard-
ous .Substances Reportable
Quantities
Office of Solid Waste Burden Re-
duction Project
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners From Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Temporary Suspension of Toxicity
Characteristic Rule for Specific
Lead-Based Paint Debris
3805
3813
3817
3824
3830
3831
3832
3833
3835
3836
3837
3838
3845
3847
3848
3849
3855
3856
3862
3863
Title
Seq.
No.
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
Oil Pollution Prevention Regulation:
Revisions
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Water Quality Standards Regulation
— Revision
Water Quality Standards for Indian
Country Waters
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule —
Round III
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Recognition Awards Under the"
Clean Water Act
Ocean Discharge Criteria Revisions
Amend the Final Water Quality
Guidance for the Great Lakes
System To Prohibit Mixing Zones
for Bioaccumulative Chemicals of
Concern
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test Procedures Approved for
Clean Water Act Compliance
Monitoring
3864
3865
3866
3867
3868
3871
3873
3874
3876
3880
3881
3882
3883
3884
3885
3886
3887
3890
3893
3896
3900
Title
Performance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Round I Sewage Sludge Use or
Disposal Rule — Phase Two
Amendments
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
Selenium Criterion Maximum Con-
centration for Water Quality Guid-
ance for the Great Lakes System
EPA Review and Approval of State
and Tribal Water Quality Stand-
ards
Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act
NPDES Streamlining Rule —
Round II
Establishment of Electronic Report-
ing for NPDES Permittees
Total Maximum Daily Load (TMDL)
Program Regulations and Sup-
porting NPDES Revisions
Total Maximum Daily Load (TMDL)
- NPDES and WQS Regulations
Revisions
Use of Screening Procedures- for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
National Primary Drinking Water
Regulations: Sulfate
VerDate0210 13:29 Dec 20,2000 Jkt 000000 PO 00000
EPA_GOVT.TXT GSA1 PsN: GSA1
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Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Government Levels Index
Tribal Government—Cont.
Seq.
No.
Seq.
No.
3902
3903
3904
3905
3908
3909
Title
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infec^ints and Disinfection By-
products Rule (DBPR).
National 'Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Removal of the Maximum Contami-
nant Level Goal for Chloroform
From the National Primary Drink-
ing Water Regulations
Public Water System Public Notifi-
cation Regulation
Federal Government
Seq.
No.
108'
110
111
113
116
117
118
120
121
122
123
Title
EPA
Chemical Right-to-Know Initiative -
High Production Volume (HPV)
Chemicals
NAAQS: Sulfur Dioxide (Response
to Remand)
New Source Review (NSR) Im-
provement
NESHAP: Plywood and Composite
Wood Products
NESHAP: Industrial, Commercial
and Institutional Boilers and Proc-
ess Heaters
Review of the National Ambient Air
Quality Standards for Paniculate
Matter
Transportation Conformity Amend-
ments: Response to March 2,
199,9, Court Decision
Lead-Based Paint Activities; Train-
ing _and Certification for Renova-
tion and Remodeling Section
402(c)(3)
Endocrine Disrupter Screening Pro-
gram
Hazardous Waste Manifest Regula-
tion
Standardized Permit for RCRA Haz-
ardous Waste Management Fa-
cilities
124
125
126
127
128
129
130
131
132
134
137
138
139
140
141
142
143
144
145
146
Title
Seq.
No.
Standards for the Management of
Coal Combustion Wastes Gen-
erated by Electric Power Produc-
ers
Effluent Guidelines and Standards
for the Metal Products and Ma-
chinery Category, Phases 1 and
2
Effluent Guidelines and Standards
for Feedlots Point Source Cat-
egory, and NPDES Regulation for
Concentrated Animal Feeding
Operations
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at Existing Facili-
ties Under Section 316(b) of the
Clean Water Act
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (State) Grant Regula-
tion
Revision to 40 CFR 35 Subpart A
and Promulgation of Performance
Partnership (Tribal) Grant Rule
Environmental Radiation Protection
Standards for Yucca Mountain,
Nevada
Plant-Incorporated Protectants;
FIFRA Rule and FFDCA Toler-
ance Actions
Groundwater and Pesticide Man-
agement Plan
TSCA Inventory Update Rule
Amendments
Lead; Identification of Dangerous
Levels of Lead Pursuant to TSCA
Section 403
Hazardous Waste Identification
Rule (HWIR): Identification and
Listing of Hazardous Wastes
Storage, Treatment, Transportation,
and Disposal of Mixed Waste
National Primary Drinking Water
Regulations: Radon--- •
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
3462
3468
3470
3471
3489
3490
3491
3496
3497
3505
3507
3508
3510
3513
3514
3515
3516
3517
3519
3520
3533
3536
3539
3540
3548
Title
Utilization of Small, Minority and
Women's Business Enterprises in
Procurement Under Assistance
Agreements
Nondiscrimination on the Basis of
Sex in Educational Programs Re-
ceiving Federal Assistance
Public Information and Confidential-
ity Regulations
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Public Information and Confidential-
ity Regulations
Rewriting of EPA Regulations Im-
plementing the Freedom of Infor-
mation Act
Cross-Media Electronic Reporting
(ER) and Recordkeeping Rule
Performance Warranty and
Inspection/Maintenance Test Pro-
cedures
Inspection/Maintenance Recall Re-
quirements
Transportation Conformity Rule
Amendment: Clarification of Trad-
ing Provisions
Review of Minor New Sources and
Modifications in Indian Country
Federal Major New Source Review
(NSR) Program for Nonattain-
ment Areas
Rulemaking To Modify the List of
Source Categories From Which
Fugitive Emissions Are Consid-
ered in Major Source Determina-
tions
NESHAP: Hydrochloric Acid Pro-
duction Industry
NESHAP: Asphalt/Coal Tar Applica-
tion on Metal Pipes
NESHAP: Clay Minerals Processing
NESHAP: Polyvinyl Chloride and
CoPolymers Production
NESHAP: Uranium Hexafluoride
Production
Technical Change To Dose Meth-
odology for 40 CFR 191, Subpart
A
Decision on a Petition From the
Territory of American Samoa To
Be Exempted From the Gasoline
Anti-Dumping Regulations
Petroleum Solvent Dry Cleaners
Maximum Achievable Control
Technology (MACT) Standard
NESHAP: Asphalt Roofing and
Processing
NESHAP: Lime Manufacturing
NESHAP: Semiconductor Produc-
tion
NESHAP: Rocket Engine Test Fir-
ing
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10 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2 000/Government Levels Index
Federal Government—Cont.
Seq.
No.
Seq.
No.
Title
3549 NESHAP: Organic Liquids Distribu-
tion (Non-Gasoline)
35514 NESHAP: Amino/Phenolic Resins
Amendment
3560 NESHAP: Generic MACT for Car-
bon Black, Ethylene, Cynaide and
Spandex
3562 NESHAP: Alumina Processing
3564 Control of Emissions of Air Pollution
From New Compression-Ignition
and Spark-Ignition Recreational
Marine Engines
3569 National VOC Emission Standards
for Consumer Products; Pro-
posed Amendments
3570 NESHAP for Ethylene Oxide Com-
mercial Sterilization Operations-
Monitoring Amendments
3571 NESHAP for the Printing and Pub-
lishing Industry; Amendments
3572 NESHAP: Brick, Structural Clay
Products, and Clay Ceramics
Manufacturing
3575 NESHAP: Engine Test Facilities
3576 NESHAP: Lightweight Aggregate
Manufacturing
3578 Development of Reference Method
for the Determination of Source
Emissions of Filterable Fine Par-
ticulate Matter as PM2.5
3579 Inspection Maintenance Program
Requirements for Federal Facili-
ties; Amendment to the Final
Rule
3583 New -Source Review (NSR) Im-
provement: Utility Sector Off ramp
Program
3586 NESHAP for Flexible Polyurethane
Foam Fabrication Operations
3589 Revision to the Source Category
Listing for Section 112(d)(2) Rule-
making Pursuant to Section
112(c)(6) Requirements.
3591 Clarification to Existing Part 63
NESHAP Delegations' Provisions
3593 Federal Plan for Commercial and
Industrial Solid Waste Inciner-
ation Units
3615 Phase I Federal Implementation
Plans (FIPs) To Reduce the Re-
gional Transport of Ozone in the
Eastern United States
3620 NESHAP: Phosphate Fertilizers
Production
3626 NESHAP: Solvent Extraction for
Vegetable Oil Production
3629 Importation of Nonconforming Vehi-
cles; -Amendments to Regulations
3630
3631
3640
3642
3645
3653
3654
3655
3659
3662
3701
3703
3704
3705
3707
3708
3709
3710
3711
3713
3715
3716
Title
Seq.
No.
Protection of Stratospheric Ozone:
Supplemental Rule Regarding a
Recycling Standard Under Sec-
tion 608
Protection of Stratospheric Ozone:
Refrigerant Recycling Rule
Amendment To Include Substitute
Refrigerants
Amendments to the Aerospace
Manufacturing and Rework Facili-
ties NESHAP for the HAP and
VOC Content Limits for Primer
Operations and Stay of Compli-
ance
Amend Subpart Hand I, 40 CFR
Part 61, for Emissions of Radio-
nuclides Other Than Radon From
DOE Facilities
Amendments to State and Federal
Operating Permits Programs, Part
70 and Part 71, Compliance Cer-
tification Requirements
Revised Permit Revision Proce-
dures for the Federal Operating
Permits Program
General Conformity Regulations;
Revisions
Revisions to Air Pollution Emer-
gency Episode Requirements
(Subpart H, 40 CFR Part 51)
NESHAP: Flexible Polyurethane.
Foam Fabrication Operations
Field Citation Program
Electric Arc Furnace NSPS Amend-
ment
Environmental Radiation Protection
Standards for the Disposal of
Low-Activity Mixed Radioactive
Waste
Revision of the 40 CFR Part 194
Waste Isolation Pilot Plant Com-
pliance Criteria
Data Requirements for Pesticide
Registration (Revision)
Pesticides; Procedures for Registra-
tion Review Program
Data Requirements for Antimicrobial
Registrations; Product Chemistry
Requirements
Registration of Granular Fertilizer-
Pesticide Combination Products
Tolerances for Pesticide Emergency
Exemptions
Pesticides; Tolerance- Processing
Fees
Pesticide Management and Dis-
posal
WPS; Pesticide Worker Protection
Standard; Glove Amendment
Registration Requirements for Anti-
microbial Pesticide Products; and
Other Pesticide Regulatory
Changes
3717
3718
3719
3720
3722
3723
3724
3726
3729
3732
3733
3734
3735
3738
3739
3740
3743
3745
3746
3747
3748
3750
3751
Title
Pesticide Tolerance Reassessment
Program
Policy or Procedures for Notification
to the Agency of Stored Pes-
ticides With Cancelled or Sus-
pended Registration
Pesticide Management and Dis-
posal: Standards for Pesticide
Containers and Containment
Regulatory Review of Pesticide
Emergency Exemption Regula-
tions
Test Rule; ATSDR Substances
Voluntary Children's Chemical Eval-
uation Testing Program
Multi-Chemical Test Rule; High Pro-
duction Volume Chemicals
Follow-Up Rules on Existing Chemi-
cals
Lead; Notification Requirements for
Lead-Based Paint Abatement Ac-
tivities and Training
Lead; Management and Disposal of
Lead-Based Paint Debris Section
402(a)
Test Rules; Generic Entry for Final
Decisions
Test Rule; Hazardous Air Pollutants
(HAPs)
Test Rule; OSHA Chemicals Der-
mal Testing
Acrylamide; Prohibition on Manufac-
ture, Importation, Distribution and
Use of Acrylamide for Grouting
Reclassification of PCB and PCS
Contaminated Electrical Equip-
ment Final Rule
Asbestos Worker Protection Rule
Amendments
Notice of TSCA Section 4 Reim-
bursement Period and TSCA
Section 12(b) Export Notification
Period Sunset Dates for TSCA
Section 4 Substances
Lead-Based Paint Activities Rules;
Training, Accreditation, and Cer-
tification Rule and Model State
Plan Rule—Building and Struc-
tures Section 402(a)
Test Rule for Certain Metals
PCBs; Polychlorinated Biphenyls;
Exemptions From the Prohibitions
Against Manufacturing, Process-
ing, and Distribution in Com-
merce
Lead; Regulatory Investigation
Under the Toxic Substances Con-
trol Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
Asbestos Model Accreditation Plan
Revisions
PCBs; Polychlorinated Biphenyl;
Use Authorizations
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Federal Government—Cont.
Seq.
No.
Seq.
No.
3752
3754
3755
3756
3759
3760
3761
i
3765
3766
3767
3768
3769
3770
3771
3772
3774
3775
3776
3777
Title
3779
Test Rules; Generic Entry for Pro-
posed Decisions
TSCA Biotechnology Follow-Up
Rules
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Chemical Expansion; Finaliza-
tion of Deferred Chemicals
TRI; Review of Chemicals on the
Original TRI List
TRI;- Pollution Prevention Act Infor-
mation Requirements
TRI; Chemical Expansion; Finaliza-
tioii of Deferred Chemicals
TRI;.Data Expansion Amendments;
Toxic Chemical Release Report-
ing; Community Right-to-Know
TRI; Review of Chemicals on the
Original TRI List
TRI; Addition of Oil and Gas Explo-
ration and Production to the Toxic
Release Inventory
TRI; Responses to Petitions Re-
ceived To Add or Delete or Mod-
ify Chemical Listings on the Toxic
Release Inventory
TRI; Pollution Prevention Act Infor-
mation Requirements
TRI; Lowering of EPCRA Section
313 Reporting Thresholds for
Lead and Lead Compounds
TRI; Revisions to the Otherwise
Use Activity Exemptions and the
Coal Extraction Activities Exemp-
tion
Amendments to the List of Regu-
lated Substances and Thresholds
for Accidental Release Preven-
tion; Flammable Substances
Used as Fuel or Held for Sale as
Fuel at Retail Facilities
Accidental Release Prevention Re-
quirements; Risk Management
Programs Under the Clean Air
Act Section 112(r)(7); Distribution
of Off-Site Consequences Analy-
sis Information
Paint Manufacturing Wastes Listing:
Hazardous Waste Management
System: Identification and Listing
of Hazardous Waste
Removal of Requirement To Use
SW-846 Methods (Test Methods
for Evaluating Solid Waste:
Physical/Chemical Methods)
3780
3782
3785
3787
3794
3796
3797
3798
3800
3802
3803
3805
3807
3809
3813
Title
Seq.
No.
Listing of Hazardous Waste; Inor-
ganic Chemical Wastes; Land
Disposal Restrictions for Newly
Listed Wastes; CERCLA Hazard-
ous Substances Reportable
Quantities
Office of Solid Waste Burden Re-
duction Project
Revisions to the Comprehensive
Guideline for Procurement of
Products Containing Recovered
Materials
Glass-to-Glass Recycling of Cath-
ode Ray Tubes (CRTs): Changes
to Hazardous Waste Regulations
Proposed Regulatory Amendments
on Recycling of Hazardous
Wastes in Fertilizers
Listing Determination for
Wastewaters and Wastewater
Treatment Sludges From
Chlorinated Aliphatics Produc-
tions; Land Disposal Restrictions
for Newly Identified Waste
Land Disposal Restrictions; Treat-
ment Standards for Spent
Potliners From Primary Aluminum
Reduction (K088) and Regulatory
Classification of K088 Vitrification
Units
Temporary Suspension of Toxicity-
Characteristic Rule for Specific
Lead-Based Paint Debris
Alternative Land Disposal Restric-
tions Treatment Standards for
Contaminated Soils, Deferral of
PCB's as an Underlying Hazard-
ous Constituent in Soil
Hazardous Waste Management
System: Slag Residues Derived
From High-Temperature Metals
Recovery (HTMR) Treatment of
KO61, KO62 and F0006 Wastes
Management of Cement Kiln Dust
(CKD)
Mercury-Containing and Recharge-
able Battery Management Act;
Codification of Waste Manage-
ment Provisions
Listing Determination of Wastes
Generated During the Manufac-
ture of Azo, Anthraquinone, and
Triarylmethane Dyes and Pig-
ments
RCRA Subtitle C Financial Test Cri-
teria (Revision)
Land Disposal Restrictions; Poten-
tial Revisions for Mercury Listed
and Characteristic Wastes
Standards for the Management of
Coal Combustion Wastes - Non-
Power Producers and Minefilling
3817
3820
3821
3824
3828
3830
3831
3832
3832
3833
3835
3836
3837
3838
3839
3842
3843
3844
3845
3845
3846
3847
Title
Oil Pollution Prevention Regulation:
Revisions
National Priorities List for Uncon-
trolled Hazardous Waste Sites:
Proposed and Final Rules
Grants for Technical Assistance
Rule Reform—40 CFR Part 35
Subpart M
Revise 40 CFR Part 35 Subpart O:
Cooperative Agreements and
Superfund State Contracts for
Superfund Response Actions
Effluent Guidelines and Standards
for the Iron and Steel Manufactur-
ing Point Source Category (Revi-
sions)
Water Quality Standards Regulation
— Revision
Water Quality Standards for Indian
Country Waters
Test Procedures for the Analysis of
Cryptosporidium and Giardia
Under the Safe Drinking Water
and Clean Water Acts
Water Quality Standards for Ala-
bama—Phase II
Test Procedures for the Analysis of
E. Coli and Enterococci Under
the Clean Water Act
NPDES Streamlining Rule —
Round III
Revisions to NPDES Requirements
for Municipal Sanitary Sewer Col-
lection Systems
Recognition Awards Under the
Clean Water Act
Ocean Discharge Criteria Revisions
Clean Water Act Definition of Wa-
ters of the United States
Effluent Guidelines and Standards
for the Centralized Waste Treat-
ment Industry
Effluent Guidelines and Standards
for Synthetic-Based Drilling Fluids
in the Oil and Gas Extraction
Point Source Category (Revi-
sions)
Water Quality Standards for Ala-
bama—Phase I
Amend the Final Water Quality
Guidance for the Great Lakes
System To Prohibit Mixing Zones
for Bioaccumulative Chemicals of
Concern
Water Quality Standards for Ala-
bama—Phase I
Promulgation of Provisions in the
Final Water Quality Guidance for
the Great Lakes System for Wa-
ters Within the Great Lakes Basin
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase One
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12 Federal Register/Vol. 65, No. 231/Thursday, November 30, 2000/Government Levels Index
Federal Government—Cont.
Seq.
No.
Seq.
No.
3848
3849
3850
3851
3853
3854
3855
3856
3857
3861
3862
3863
3864
3865
Title
Test Procedures: Clean Water Act
and Safe Drinking Water Act
Methods Update
Streamlining the General
Pretreatment Regulations for Ex-
isting and New Sources of Pollu-
tion
Comparison of Dredged Material to
Reference Sediment
Further Revisions to Clean Water
Act Definition of Discharge of
Dredged Material
Effluent Guidelines and Standards
for the Pulp, Paper, and Paper-
board Category, Phase II
Effluent Guidelines and Standards
for the Bleached Papergrade
Kraft Subcategory of the Pulp,
Paper, and Paperboard Category;
Certification in Lieu of Monitoring
for Chloroform
Effluent Guidelines and Standards
for the Coal Mining Point Source
Category (Revisions)
Effluent Guidelines and Standards
for the Construction and Develop-
ment Industry
Effluent Guidelines and Standards
for the Dissolving Kraft and Dis-
solving Sulfite Subcategories of
the Pulp, Paper, and Paperboard
Point Source Category (Phase III)
Water Quality Standards for Ala-
bama—Phase II
Test Procedures for the Analysis of
Trace Metals Under the Clean
Water Act
Increased Method Flexibility for
Test" Procedures Approved for
Clean Water Act Compliance
Monitoring
Perfocmance-Based Measurement
System (PBMS) Procedures and
Guidance for Clean Water Act
Test Procedures
Test Procedures for the Analysis of
Co-Planar and Mono-Ortho-Sub-
stituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water
Act
3866
3867
3868
3869
3870
3871
3872
3873
3874
3875
3876
3878
3878
3879
3880
3881
Title
Seq.
No.
Test Procedures for the Analysis of
Miscellaneous Metals, Anions,
and Volatile Organics Under the
Clean Water Act, Phase Two
Test Procedures for the Analysis of
Mercury Under the Clean Water
Act (Method 245.7)
Revisions to Method Detection and
Quantification for Use Under the
Clean Water Act and Safe Drink-
ing Water Act
Uniform National Discharge Stand-
ards for Vessels of the Armed
Forces - Phase II
Minimizing Adverse Environmental
Impact From Cooling Water In-
take Structures at New Facilities
Under Section 316(b) of the
Clean Water Act
Revision of NPDES Industrial Per-
mit Application Requirements and
Form 2C—Wastewater Discharge
Information
Revision to Clean Water Act Regu-
latory Definition of "Fill Material"
Round 2 Standards for the Use or
Disposal of Sewage Sludge
Round I Sewage Sludge Use or
Disposal Rule — Phase Two
Amendments
Effluent Guidelines and Standards
for the Transportation Equipment"
Cleaning Category
Effluent Limitations Guidelines and
Standards for the Feedlots Point
Source Category, Dairy and Beef
Cattle Subcategories
Establishment of Numeric Criteria
for Priority Toxic Pollutants for
the State of California
Water Quality Standards for Califor-
nia
Water Quality Standards: Establish-
ment of Numeric Criteria for Pri-
ority Toxic Pollutants; States'
Compliance
Selenium Criterion Maximum Con-
centration for Water Quality Guid-
ance for the Great Lakes System
EPA Review and Approval of State
and Tribal Water Quality Stand-
ards
3882
3883
3884
3885
3886
3887
3890
3893
3896
3900
3902
3903
3904
3905
3908
3909
Title
Whole Effluent Toxicity West Coast
Test Procedures for the Analysis
of Pollutants Under the Clean
Water Act
NPDES Streamlining Rule —
Round II
Establishment of Electronic Report-
ing for NPDES Permittees
Total Maximum Daily Load (TMDL)
Program Regulations and Sup-
porting NPDES Revisions
Total Maximum Daily Load (TMDL)
- NPDES and WQS Regulations
Revisions
Use of Screening Procedures for
Compliance Monitoring of Drink-
ing Water Contaminants
National Primary Drinking Water
Regulations: Aldicarb
Regulated Drinking Water Contami-
nant Occurrence Reporting
Unregulated Contaminant Monitor-
ing Rule - List 2
National Primary Drinking Water
Regulations: Sulfate
National Primary Drinking Water
Regulations: Radium, Uranium,
Alpha, Beta and Photon Emitters
National Primary Drinking Water
Regulations: Long-Term 1 En-
hanced Surface Water Treatment
Rule
Revision to the Interim Enhanced
Surface Water Treatment Rule
(IESWTR) and the Stage 1 Dis-
infectants and Disinfection By-
products Rule (DBPR).
National Primary Drinking Water
Regulations: Filter Backwash Re-
cycling Rule
Removal of the Maximum Contami-
nant Level Goal for Chloroform
From the National Primary Drink-
ing Water Regulations
Public Water System Public Notifi-
cation Regulation
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E. INDEX TO ENVIRONMENTAL PROTECTION AGENCY ENTRIES THAT MAY HAVE
FEDERALISM IMPLICATIONS
Executive Order 13132 entitled "Federalism" (August 4, 1999, 64 FR 43255) directs agencies to have
an accountable process to ensure meaningful and timely input by State and local officials in the development
of regulatory policies that have "federalism implications." This term refers to actions "that have substantial
direct effects on the States, on the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels of government." As part of this
effort, agencies other than independent regulatory agencies include in their submissions for The Regulatory
Plan and the Unified Agenda information on whether their regulatory actions have federalism implications.
The following index lists the regulatory actions in this publication that agencies believe may have
federalism implications. The Sequence Number (Seq. No.) of the entry identifies the location of the entry
in this edition. For further information, see the Regulatory Information Service Center's Introduction to
The 'Regulatory Plan and the Unified Agenda in part II of this issue.
Seq.
No.
126
127
Title
Seq.
No.
EPA
Effluent Guidelines and Standards
for. Feedlots Point Source Cat-
egory, and NPDES Regulation for
Concentrated Animal Feeding
Operations
National Primary Drinking Water
Regulations: Long-Term 2 En-
hanced Surface Water Treatment
Rule
128
143
144
145
Title
National Primary Drinking Water
Regulations: Stage 2
Disinfectants/Disinfection Byprod-
ucts Rule
National Primary Drinking Water
Regulations: Radon
National Primary Drinking Water
Regulations: Ground Water Rule
National Primary Drinking Water
Regulations: Arsenic and Clari-
fications to Compliance and New
Source Contaminant Monitoring
Seq.
NO.
3836
Title
Revisions to NPDES
ments
Sewer
for Municipal
Require-
Sanitary
Collection Systems
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F. ENVIRONMENTAL PROTECTION AGENCY SUBJECT INDEX TO THE UNIFIED AGENDA
Acquisition regulations:
See Government procurement
Additives:
See Fuel additives
Administrative practice and procedure:
See also Environmental impact statements
Freedom of information
EPA ! 3486,3713, 3718
Agriculture:
See also Foods
Pesticides and pests
Effluent guidelines for aquaculture industry 3858
Worker protection standards 3715
Air pollution control:
See also Motor vehicle pollution
Accidental release prevention 3774, 3775
Aerospace industry 3640
Air quality modeling 3619
Air quality resources:
Class I area designations 3664
Air quality standards 110, 3566, 3670
Aluminum industry 3582, 3671, 3683
Ambient air quality monitoring 3590
American Samoa gasoline antidumping exemption petition
: 3520
Asphalt roofing and processing 3536
Baker's yeast manufacturing industry 3622
Best available retrofit technology 3595
Boat manufacturing industry 3623
Boilers 116
Carbon monoxide 3566
Chemicals 135, 3528, 3529
Chromium emissions 3537, 3545
Clean Air Act 118, 3574, 3609, 3628, 3630, 3631, 3636, 3654,
3775
Compliance certification requirements 3645
Consumer products 3665
Copper smelters 3621
Delisting hazardous pollutants 3574
Dioxin emission measurement 3498
Dry cleaners 3533
Electric arc furnaces 3701
Electrical insulating varnishes 3643
Emergency episode requirements 3655
Emission control diagnostic systems 3501
Emission standards:
Cellulose production 3503
Coke ovens...-. 3507, 3509, 3638
Diesel engine fuel 136
Halogenated solvents 3696
Hydrogen fluoride production 3507
Municipal landfills „ 3504
Navajo generating station 3601, 3633, 3695
New marine engines 3507, 3564
Non-road spark-ignition engines 3563
Permit requirements 3507
Pharmaceuticals production 3641
Polyurethane foam production 3659
Potential to emit 3550
Radionuclides 3642
Semiconductor facilities 3507, 3540
VOC standards 3569
Emissions control programs 3599, 3637, 3672
Emissions monitoring program 3506, 3556, 3594, 3607, 3610,
3626, 3675
Emissions reporting 3611
Air pollution control—Continued
Emissions trades 3505
Ethylene processing 3690
Fabric printing, coating and dyeing industry 3542
Filterable fine particulate matter 3578
Fuels and fuel additives 3644
Fugitive emissions 3510
Gas turbines : 115
General provisions amendments 3530
Glycol ethers 3687
Granular fertilizer-pesticide combination products 3709
Halons 3592,3691
Hazardous air pollutants 113, 114, 115,116, 3503, 3504, 3527,
3528, 3529, 3529, 3531, 3532, 3533, 3534, 3535, 3536,
3537, 3539, 3546, 3547, 3548, 3549, 3552, 3553, 3558,
3574, 3588, 3589, 3623, 3626, 3627, 3640, 3658, 3659,
3683, 3686, 3734
Hazardous waste combustion facilities 3808
HCFC allowance distribution system 3511
Hospital/medical/infectious waste incinerators 3689
Indian reservations 3672, 3674
Inspection/maintenance programs 3497, 3579, 3681
Internal combustion engines 114
Iron and steel industry 3525, 3526
Large appliance coating industry 3534
Lime manufacturing industry 3539
MACT standards 3503, 3504, 3540, 3546, 3549, 3658, 3659
Measurement regulation 3498
Metal parts and products coating industry 3535, 3541, 3552,
3625
Methyl bromide 3565, 3632
Municipal landfills 3504
Municipal waste combustion units '. 3635
National Air Toxics Program 3598
Navajo nation lands 3673
NESHAP:
Aerospace industry 3640
Alumina processing 3562
Aluminum production 3582, 3671
Amino/phenolic resins 3.551
Ammonium sulphate production 3678
Asphalt/coal tar application 3514
Brick manufacturing 3572
Carbon black 3560, 3658
Cellulose production 3503
Ceramics 3573
Chemical recovery combustion sources 3634
Chromium electroplating 3561
Chromium emissions 3545
Clay products manufacturing 3515, 3572
Delegations' provisions 3591
Elastomers 3627
Engine Test Facilities 3575
Ethylene oxide commercial sterilization and fumigation
operations 3570, 3690
Fabric printing, coating and dyeing industry 3542
Friction products manufacturing industry 3585
Fumed silica production 3512
Gasoline distribution facilities .-..3652
.Halogenated solvent cleaning 3697
Hazardous waste combustors 3789
Hydrochloric acid production 3513
Hydrogen chloride production 3679
Iron and steel industry 3677
Leather tanning 3547
Lightweight aggregate 3576
Metal parts and products coating industry 3541, 3625
Metal pipes 3514
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Air pollution control—Continued
NESHAP—Continued
Natural gas production 3660, 3698
Natural gas transmission & storage 3698
Non-metallic minerals processing 3544
Off-site waste and recovery operations 3600
Off-site waste recovery operations 3682
Oil production 3660, 3698
Organic liquids 3549
Pesticide Active Ingredient Production 3597
Pharmaceuticals production 3647
Phosphate fertilizer production 3649
Phosphoric acid manufacturing 3649
Polyether Polyols Production 3699
Polyurethane foam production 3586, 3659
Polyvinyl chloride production 3516
Predictive emission monitoring 3518
Printing and publishing industry 3571
Process heaters 3661
Pulp and paper production 3613, 3634
Site remediation 3546
Synthetic organic chemical manufacturing industry 3614
Taconite iron ore processing 3581
Thermoplastics 3627
Uranium hexafluoride production 3517
Vegetable oil production 3626
Wet-formed fiberglass mat production 3616
New source performance standards 3663
New source review Ill, 3583
New stationary sources 3507, 3675
Nitrogen oxide emissions from fossil-fuel fired steam
generating units 3648
Non-metallic minerals processing 3544
Opacity measurement of emissions 3605, 3610
Operating permits:
Indian reservations 112, 3653
Program interim approval expiration dates 3700
Ozone 133, 3534, 3535, 3552, 3553, 3557, 3558, 3630, 3631,
3666
1-hour standard 3667
Emission budgets 3668
Protection of stratospheric ozone 3592, 3596, 3646, 3694
Ozone and ozone precursors:
National ambient air quality standards 3508, 3577
Transport... 119, 3521, 3584, 3615, 3650, 3669, 3693
Paint stripper users 3531
Paper, filrn«nd foil coating industry 3558
Particulate matter 117,133
PCB manufacturing 3747
Penalties for. violations 3662
Petroleum refineries 3603
Phosphate fertilizer production 3620
Plastic composites manufacturing 3527
Plastic parts industry 3553
Plywood and particle board manufacturing 113
Process heaters 116, 3661
Project XL 3599,3799
Sewage sludge incinerators -. 3676
Solid waste incinerators 3593, 3663
Source category list 3588, 3589
State implementation plans Ill, 133, 3624, 3673
Stratospheric ozone protection 3511, 3565, 3592, 3617, 3632,
3646, 3691, 3692
Sulfur oxides 110
Synthetic organic chemicals manufacturing 3602
Tire manufacturing 3532
Transportation conformity 118, 3685
Vehicle Inspection Maintenance Program 3559
Volatile organic compounds 3534, 3535, 3543, 3552, 3553,
3554, 3558, 3569, 3602, 3618, 3640, 3643, 3684
Waste incinerators performance standards 3628
Wood furniture industry 3554
Aircraft:
Rocket engines 3548
..3520
..3869
..3750
..3624
Airplanes:
See Aircraft
Airworthiness directives and standards:
See Aircraft
Alaska Natives:
See Indians
American Indians:
See Indians
Antidumping:
American Samoa exemption petition
Appeal procedures:
See Administrative practice and procedure
Appliances:
See Household appliances
Armed forces:
See also Federal buildings and facilities
Discharge standards for vessels
Asbestos:
Model accreditation plan
Authority delegations:
EPA revisions
Automatic data processing:
See Computer technology
Automobiles:
See Motor vehicles
B
Balloons:
See Aircraft
Bankruptcy:
RCRA financial responsibility 3807
Barrels:
See Packaging and containers
Beef:
See Meat and meat products
Buildings:
See also Federal buildings and facilities
Asbestos 3750
Business and industry:
See also Bankruptcy
Confidential business information
Labeling
Packaging and containers
Aluminum industry:
Air pollution control 3582, 3671, 3683
Asphalt roofing and processing industry:
Air pollution control 3536
Baker's yeast manufacturing:
Air pollution control 3622
Boat manufacturing industry:
Air pollution control 3623
Cellulose manufacturing 3503
Chemicals:
Air pollution control 3528, 3529, 3602
Control ofPMNs 3737
Hazardous wastes listing 3794, 3805
Manufacture 135, 139, 3726, 3736, 3741, 3742
Pollution standards 3747
Polychlonnated biphenyls 3751
Dry cleaning:
Air pollution control 3533
Effluent guidelines 125, 3826, 3828, 3858, 3860, 3875, 3877
EPA operating permits 112, 3700
Ethylene processing:
"Air pollution control 3690
Friction products 3657
Industrial container and drum cleaning effluent guidelines
3860
Iron manufacturing:
Effluent guidelines 3828
Large appliance coating industry:
Air pollution control 3534
Leather tanning and finishing 3547
Lime manufacturing industry:
Air pollution control 3539
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Business and- industry—Continued
Metal parts and products coating industry:
Air pollution control 3535, 3552
Motor vehicle manufacturing:
Air pollution control 3501, 3543
Emission standards 3686
National Pollutant Discharge Elimination System permits
• 3871
Paint manufacturing:
Hazardous waste management 3776
Paper, film and foil coating industry:
Air pollution control 3558
Plastic parts industry:
Kir pollution control 3553
Plywood and particle board manufacturing:
Air pollution control 113
Polyurethane foam production:
Air pollution control 3586, 3659
Printing/publishing 3571, 3684
Pulp, paper and paperboard 3634
Effluent limitations 3857
Steel manufacturing:
Effluent guidelines 3828
Tires:
Manufacture 3532, 3658
Transportation equipment cleaning:
Effluent guidelines 3875
Vegetable D'il production 3626
Cancer:
Carcinogen risk assessment 3487
Charter buses:
See Motor vehicles
Chemicals: :
See also Drugs
Hazardous substances
Pesticides and pests
AcryiamicM 3738
Air pollution control 135, 3602
Arsenic in drinking water 145
Assessment information rule 3741
Chemical inventory reporting 3758
Drinking water regulations 3890
Endocrine Disrupter Screening and Testing Program 121
Health and safety reporting rule 3742
High-production-volume (HPV) chemicals 3724
New use rules for PMNs 3737
OSHA dermal testing 3735
Ozone depleting:
Halons 3592, 3691
Methyl bromide 3565, 3632
Refrigerant recycling 3630, 3631
Sales restrictions 3557
Substitutes 3666
.Transshipment provision 3692
Perfluoroalkyl sulfonyls 3727
Polychlorinated biphenyls 3747, 3751
Polymers ind resins 3627
Right-to-Know initiative 108
Screening Information Data Set (SIDS) 3724
Test rules .-..3723, 3733, 3743, 3749, 3752
Toxic substances 3726, 3736, 3769, 3781
Tdxicity profiles 3722
Toxics Release Inventory 3765, 3770
Addition's, deletions, and modifications 3756
Cttemicai expansion 3759
Coal 3755, 3772
Lead .-. 146, 3771
Otherwise use activity exemptions 3772
Pollution Prevention Act information requirements 3761
Review of chemicals on original list 3760
Use inventory rule 139
Children:
See Infants and children
Clean Air Act:
See Air pollution control
Clean Water Act:
See Water pollution control
Coal:
Combustion wastes generated by electric power producers
124
Combustion wastes generated by non-power producers and
minefilling 3813
Emission standards for coke ovens 3638
Toxics Release Inventory 3755, 3772
Coal mines:
See Mines
Coastal zone:
Biological test methods for pollutants 3882
Waste deposit prevention 3910
Computer technology:
Electronic records 3491
Conduct standards:
See Conflict of interests
Confidential business information:
EPA regulations 3470, 3489
Conflict of interests:
EPA 3465
Construction industry:
Effluent guidelines 3856
Consumer protection:
See also Labeling
Lead-based paint 140, 3729
Containers:
See Packaging and containers
Contracts:
See Government contracts
Corporations:
See Business and industry
Crude oil:
See Petroleum
Dangerous cargo:
See Hazardous materials transportation
Data processing:
See Computer technology
Debarment and suspension:
EPA changes 3467
Defense acquisition regulations:
See Government procurement
Defense contracts:
See Government contracts
Government procurement
Drinking water:
See Water supply
Drugs:
Production emission standards 3641
Ecology:
See Environmental protection
Education:
See also Schools
Nondiscrimination in federally assisted programs 3468
Electronic data processing:
See Computer technology
Electronic funds transfers:
Federal agency disbursements 3484
Energy:
See also Coal
Fuel economy
Natural gas
Petroleum
Alternative fuels 3612
Wastes from fossil fuel combustion 3815
Environmental impact statements:
Antarctic impact assessment 3483
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Environmental protection:
See also Air pollution control
Environmental impact statements
Pesticides and pests
Waste treatment and disposal
Water .pollution control
Acquisition regulation:
Informal clauses 3464
Antarctic Treaty 3483
Business ownership representation 3485
Chemicals 139, 3723, 3724, 3749
Class deviations incorporation into EPAAR 3479
Coal combustion wastes generated by electric power
producers 124
Coal combustion wastes generated by non-power producers
and minefilling 3813
Coastal waste deposit prevention 3910
Compliance Assurance Monitoring 3645
Confidential business information 3470
Contracting by negotiation 3486
Contractor diversity clause 3474
Cooling water intake structures impact 129
Cooperative agreements and Superfund state contracts 3824
Corrective Action Management Unit rule 3811
Cross-media electronic reporting and recordkeeping rule
130, 3491
Designation of hazardous substances under CERCLA 3825
Display of EPA Office of Inspector General Hotline poster
•' „ 3492
Effluent limitation guidelines 3857, 3858, 3859, 3860, 3877
EPA acquisition regulations 3467, 3474, 3494
Federal Reference Method field study 3488
Freedom of information 3471
Grant programs 131
National Environmental Achievement Track Program 109
National Environmental Policy Act 3469
On-site treatment of low-level mixed wastes 3791
Overburden definition .' 3762, 3773
Pesticides.., 3705,3720
Protocol on Environmental Protection 3483
Radiplogical Emergency Response Plan 3656
Regulation of gasification devices processing hazardous
waste, at petroleum refineries 3788
Suspension and debarment of contractors 3493
Toxics Release Inventory:
Additions, deletions, and modifications 3756
Chemical'expansion 3759
Coal 3755, 3772
Lead '. 146, 3771
Otherwise use activity exemptions 3772
Pollution Prevention Act information requirements 3761
Review of chemicals on original list 3760
Eskimos: '
See Indians
Estuaries:
See* Coastal zone
Ethical conduct:
See Conflict of interests
Ex parte communications:
See, Administrative practice and procedure
Exports:
Chamicals 3743
FAR (Federal Acquisition Regulation):
See Government procurement
Farmers:
See-Agriculture
Federal acquisition regulations:
See Government procurement
Federal aid programs:
See Technical assistance
Federal buildings and facilities:
Inspection/maintenance programs 3579
Federal-State relations:
See Intergovernmental relations
Fines and penalties:
See Penalties
Foods:
See also Meat and meat products
Pesticide residues 3717
Foreign relations:
See also Foreign trade
Treaties
Organization for Economic Cooperation and Development
(OECD) : 3724
Foreign trade:
See also Exports
Imports
Motor vehicles 3555
Freedom of information:
See also Confidential business information
Chemical inventory reporting 3758
Electronic Freedom of Information Act 3490
EPA 3471, 3490
Fuel:
See Energy
Fuel additives:
Methyl tertiary butyl ether (MTBE) 3580, 3894
Oxygenated 3725
Fuel economy:
Light trucks and light duty vehicles 3556
Gas exploration:
See Oil and gas exploration
Gas utilities:
See Natural gas
Government buildings:
See Federal buildings and facilities
Government contracts:
See also Government procurement
Contractors:
Diversity clause 3474
Local hiring and training 3478
Suspension and debarment 3493
Debarment and suspension 3467
EPA acquisition regulations 3467, 3474, 3486, 3493, 3494
Mentor-Protege Program 3480
Government procurement:
See also Government contracts
Acquisition regulations:
EPA conflict of interest 3465
Quality of environmental data 3481
Contractors:
Local hiring and training 3478
Contracts:
Incrementally funding fixed price contracts 3466
Notice to Proceed letter contracts 3473
EPA acquisition regulation:
Informal clauses 3464
Level of effort 3463
Recycled products 3782
Small, minority, and women's business utilization 3462
Grant programs-environmental protection:
Cooperative agreements and Superfund state contracts 3824
Drinking Water State Revolving Fund 3907
EPA technical assistance grants 3821
Performance Partnership Grants 131, 132
H
Hazardous materials transportation:
Hazardous waste manifest rule
Mercury-containing and rechargeable batteries.
Hazardous substances:
See also Hazardous waste
Hazardous materials transportation
...122
..3803
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Hazardous substances—Continued
Air pollutants 113, 114, 115, 116, 119, 3503, 3504, 3525, 3526,
3527, 3528, 3531, 3532, 3533, 3534, 3535, 3536, 3537,
3539, 3541, 3542, 3543, 3544, 3545, 3546, 3547, 3549,
' 3552, 3553, 3554, 3558, 3574, 3603, 3620, 3621, 3622,
3623, 3625, 3626, 3627, 3640, 3641, 3657, 3658, 3659,
3663, 3676, 3683, 3686, 3734
Aluminum*:
Spent potliners from primary reduction 3796
Asbestos 3740, 3750
Carcinogen risk assessment 3487
Chamicals:
Chemical test rules 3733, 3734, 3743
Import of toxic chemicals 3722, 3766, 3769
Chromium ..-.' 3537
Designation under CERCLA 3825
Drinking water regulations 3848, 3887, 3896
Ethylene oxide 3570
Extremely Hazardous Substances List 3763, 3764
Federally p'ermitted releases 3822
Glycol ethers 3687
Iso'cyanates 3609, 3764
Lead 120, 140, 3729, 3745
Mercury analysis 3867
Mercury—containing and rechargeable batteries 3803
Metals •., 3746
Method 24 amendment 3500
Methyl tertiary butyl ether (MTBE) 3580, 3894
Microorganisms 3754
Ozone depleting substances 3592, 3692
Perfluoroalkyl sulfonyls 3727
Pesticides 3710, 3716, 3719, 3753
Active ingredient production 3597
Emergency exemption regulations 3710, 3720
EPA consolidation of GLPS regulations 3482, 3710
Field testing 3710
Produced by transgenic plants 137, 3710, 3719, 3753
Worker protection standards 3710, 3715
Polychlorinated biphenyls 3739
Radon '. 143
Regulation of gasification devices processing hazardous
waste at petroleum refineries 3788
Reporting and recordkeeping requirements 3744
Solid waste disposal 3806
Sulfur oxides 110
Surface coatings 3500
Toxicological profiles:
Metals 3746
Toxics Release Inventory:
Additions, deletions, and modifications 3756
Chemical, expansion 3759
Chemicals'.. 3765, 3766, 3767, 3768, 3770
Coal..... : 3755, 3772
Lead 146, 3771
Otherwise use activity exemptions 3772
Pollution Prevention Act information requirements 3761
Review of chemicals on original list 3760
Water pollution control 3862, 3867, 3878
Hazardous was~te:
Carbamates., 3819
Cathode ray tubes 3785
Cement kiln dust 3802
Cleanups™. 3821
Copper metallization process exemption 3799
Disposal facilities:
Combustion facilities 3808
Low level mixed waste 142
Radioactive waste 3703
Effluent limitation guidelines 3826, 3842
Groundwater contamination 3546
Hospital/medical/infectious waste incinerators 3689
Identification and listing 141, 3776, 3779, 3801
Land disposal:
Restrictions 3800, 3809
Hazardous waste—Continued
Land disposal—Continued
Spent potliners from primary aluminum reduction 3796
Lead 3732
Lead-based paint debris 3797
Manifest regulations 122
Mercury 3809
Paint manufacturing 3776
Permit program 123
Polychlorinated biphenyls 3793
Radioactive waste:
Dose methodology 3519
Yucca Mountain, NV 134
Recycled used oil 3793, 3801
Recycling 3785, 3787
Solid waste 3810
Solvents 3784, 3801
Toxic waste site 3722
Toxicity characteristic rule 3804
Triarylmethane dye and pigments 3805
Uncontrolled sites on the NPL 3820
Hearing and appeal procedures:
See Administrative practice and procedure
Helicopters:
See Aircraft
Herbicides:
See Pesticides and pests
Household appliances:
Surface coating of large appliance products and parts 3534
Housing:
Lead-based paint 3732
Housing assistance payments:
See Housing
I
Imports:
See also Antidumping
Chemicals:
Blanket certifications 3726,
Control of PMN chemicals
Motor vehicles
Indians:
See also Indians-lands
Indians-tribal government
Navajo generating station 3601,
Indians-lands:
Air pollution control implementation 3664, 3672,
EPA new source reviews
Water pollution control requirements
Water quality standards
Indians-tribal government:
Performance Partnership Grants
Industrial safety:
See Occupational safety and health
Industry:
See Business and industry
Infants and children:
Lead poisoning
Sulfate in drinking water
Information:
See Confidential business information
Freedom of information
Reporting and recordkeeping requirements
Inland waters:
See Waterways
Insecticides:
See Pesticides and pests
Intergovernmental relations:
Air pollution control implementation ....111, 112,133,
EPA 122, 3610, 3835, 3852,
Nuclear accident protection
Performance Partnership Grants
Water supply
International agreements:
See Treaties
3741, 3742
3737
3629
3633, 3695
3673, 3674
3507
3881, 3902
3831
..132
.140, 3729
3900
3624, 3673
3862, 3878
3702
....131, 132
3902
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International trade:
See Foreign trade
Nuclear safety:
See Radiation protection
Labeling:
Seejalso Packaging and containers
Pesticides 3719
Laboratories': .
EPA consolidation of GLPS regulations 3482
Land:-
See Indians-lands
Lead:'
Toxics Release Inventory 146
Lead poisoning:
Paint 120, 140, 3729; 3732, 3745
Reducing lead consumption and use 3748
M
Marine engineering:
See Vessels
Marinfe pollution:
See Water pollution control
Marine resources:
Criteria for water quality 3880
Meat and meat products:
Effluent guidelines and standards for the Meat Products
JPoint Spurce Category 3859
Metals:
EPA trace metal analysis 3862
High temperature metal recovery residues 3800
Military installations:
See Federal buildings and facilities
Mineral resources:
See also Goal
Metals
Overburden definition 3762, 3773
Mines:
Water pollution control 3855
Mobile offshore drilling units:
See Vessels
Motor vehicle pollution:
After-market conversion entities certification 3680
Emissions control programs 3637
Emissions standards •. 3686, 3688
Diesel engine fuel 136
Emissions testing 3555
Gasoline:
American Samoa antidumping exemption petition 3520
Reformulated 3644
Impprted vehicles emissions standards 3629
Inspection/maintenance programs 3496, 3681
Low emission vehicles program 3612
Original equipment manufacturers certification 3680
Vehicle Inspection Maintenance Program 3559
Motor vehicles:
See also Fuel economy
Alternatively fueled vehicles 3612
. Imports 3629
Light trucks 3506
Motorcycles: • '
See Motor vehicles
N
National defense contracts:
See.Government contracts
Government procurement
Native Americans:
See Indians
Natural gas:
See also Oil "and gas exploration
Production, transmission & storage regulations
Reporting and recordkeeping requirements
Naviga'ble water's:
See Waterways
Occupational safety and health:
Chemicals:
Dermal absorption rate testing
Ocean dumping:
See Water pollution control
Ocean resources:
See Marine resources
Oil and gas exploration:
Addition to Toxics Release Inventory
Reporting and recordkeeping requirements.
Oil pollution:
Prevention
..3735
..3768
..3698
..3817, 3818
..3698
..3698
Packaging and containers:
See also Labeling
Printing materials control guidelines 3665
Paint:
See Lead poisoning
Paperwork requirements:
See Reporting and recordkeeping requirements
Parachutes:
See Aircraft
Penalties:
Air pollution control 3662
Pesticides and pests:
Active ingredient production 3597
Antimicrobial pesticides 3708, 3710, 3716
Canceled or suspended 3713, 3718
Data requirements 3705
Disposal and storage guidelines 3713, 3718, 3719
Emergency exemption regulations 3720
Endocrine Disruptor Screening and Testing Program '. 121
Granular fertilizer-pesticide combination products 3709
Groundwater protection 138
Negotiated consent/procedural test rule 3753
Pesticide tolerance reassessment program 3717
Registration review program 3707
Residue in agricultural products:
Emergency exemptions 3710
Scientific research 3482
Storage and disposal 3713, 3718, 3719
Tolerance fees 3711
Transgenic plants 137
Worker protection standards 3715
Petroleum:
See also Fuel additives
Oil and gas exploration
Oil pollution
Air pollution from petroleum solvent dry cleaners 3533
Refineries 3603
Regulation of gasification devices processing hazardous
waste at petroleum refineries 3788
Toxicity characteristic rule 3804
Plastics materials and synthetics:
Air pollution control regulations 3527
Pollution:
See Environmental protection
Power resources:
See Energy
Practice and procedure:
See Administrative practice and procedure
Procurement:
See Government procurement
Public buildings:
See Federal buildings and facilities
Public health:
See also Waste treatment and disposal
Air pollution effects 3734
Carcinogen risk assessment 3487
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Public health—Continued
Radiological Emergency Response Plan 3656
Water coatammation 121, 144, 3903
Public utilities:
See Natural gas
Water supply
Superfund—Continued
Cooperative agreements and state contracts 3824
Grants for technical assistance 3821
Reportable quantity adjustments for carbamates 3819
Synthetics:
See Plastics materials and synthetics
Radiation protection:
Dose methodology : 3519
Drinking Water 3702
Radiological Emergency Response Plan 3656
Yucca Mountain, NV 134
Radioactive waste:
See Hazardous waste
Rates and fares:
See Natural gas
Record retention:
See Reporting and recordkeeping requirements
Records:
See Freedom of information
Reporting and recordkeeping requirements
Recycling:
Cathode ray tubes 3785
Government purchase of recovered materials 3782
Refrigerant'. 3630, 3631
Reporting and recordkeeping requirements:
Carbamatei 3819
Chemical inventory reporting 139, 3758
Drinking water contaminant occurrence 3893
EPA- :.' 3479
Cross-media electronic reporting and recordkeeping rule
130, 3491
Emission's reporting requirements 3611
Hazardous'materials 3744, 3822
Information collection requests 3780
NPDES permittee reporting 3884
Oil and aa'tural gas production 3698
Pesticides 3482, 3718
RCRA '. 3780
Toxic chemical test rules 3743
Toxics Release Inventory 3765, 3767, 3768, 3770, 3771, 3772
Research:
Biotechnology 3754
EPA* consolidation of GLPS regulations 3482
Rockets: '
See -Aircraft
Rode'nticides:
See Pesticides and pests
Rotorcraft:
See Aircraft
Sanitation:
See Public health
Waste [treatment and disposal
Schools:
Asbestos 3740
Asbestos model accreditation plan 3750
Seaplanes:
See" Aircraft
Sewage disposal:
Incinerator emissions standards 3676
Sewer collection systems 3836
Sludge use and disposal 3873, 3874
Sex discrimination:
Federally assisted programs 3468
Ships:
See Vessels
Solid waste disposal:
See Waste treatment and disposal
State-Federal, relations:
See Intergovernmental relations
Superfund:
Claims application streamlining 3823
Technical assistance:
Environmental Protection Agency grants 3821
Toxic substances:
See Hazardous substances
Transportation:
See also Vessels
Air pollution control conformity 118, 3685
Environmental review 3505
Interstate ozone transport 3669
Transshipment of ozone depleting substances 3692
Water pollution control 3818
Treaties:
Antarctic Treaty 3483
Montreal Protocol 3565, 3632
Trucks:
See Motor vehicles
Vessels:
Discharge standards for Armed Forces vessels 3869
Emissions standards for new marine engines 3564
W
Waste treatment and disposal:
See also Hazardous waste
Recycling
Sewage disposal
Clean Water Act recognition awards 3837
Coal combustion waste 124, 3813
Corrective Action Management Unit rule 3811
Effluent guidelines 3826, 3842, 3853, 3857
Financial test criteria 3807
Fossil fuel combustion wastes 3815
Hazardous waste management 3789, 3799, 3806
Iron and steel manufacturing 3828
Land disposal:
Restrictions 3786, 3796, 3798, 3800
Lead—based paint debris 3797
Metal machinery and equipment wastewater 125
Municipal waste combustion units 3635
On-site treatment of low-level mixed wastes 3791
Overburden definition 3773
Permit applications 3871
Pretreatment programs 3841
Project XL 3791, 3814, 3841
Radioactive waste 134
Recoverable metals criteria 3879
Recycling of hazardous waste in fertilizers 3787
Regulation of gasification devices processing hazardous
•waste at petroleum refineries 3788
Sewer grouting 3738
Shore Protection Act 3910
Solid waste disposal:
Guideline revisions 3810
Hazardous waste 3806
•Landfill criteria 3651, 3810, 3816
Landfills and incinerators 3593, 3663, 3689
Municipal landfills 3504
Off-site operations 3600
Physical/chemical evaluation methods 3777
Streamlining regulations 3883
Toxics Release Inventory 3766
Underground storage tanks:
Toxicity characteristic rule 3804
Waste Isolation Pilot Plant compliance criteria 3704
Wastewater treatment units 3812
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Water pollution control:
See, also Oil pollution
Waste treatment and disposal
Biological test methods 3882
Clean Water Act 3839, 3850, 3862, 3879, 3882
Cooling water intake structures 129
Discharge of dredged material 3851
Fill material definition 3872
Mercury analysis 3867
Recognition awards 3837
Test procedures 3833, 3839, 3847, 3848, 3862, 3863, 3864,
3866, 3882
Detection Snd quantification procedures for regulated
analyt^s , 3868
Effluent guidelines:
Animal feeding operations 126, 3876
Aquacultu're industry 3858
Coal mining 3855
Construction and development industry 3856
Industrial containers and drum cleaning 3860
Industrial wastewater 125
Iron and steel manufacturing 3828
Meat Products Point Source Category 3859
Oil and gas extraction 3843
Pulp, paper and paperboard 3634, 3840, 3853, 3854
Regulations reformatting 3852, 3877
Transportation equipment cleaning 3875
Great Lakes 3845, 3846, 3880
Marine pollution:
Fa'cility response plans for vegetable oils and animal fats
3818
Microbiological test methods 3833
NPDES permits 3835, 3836, 3884
Ocean discharge criteria 3838
Permit applications 3871
Pretreatment regulations 3849
Radon '. 143
Recoverable petals criteria 3879
Sewer collection systems 3836
Sludge management programs 3794, 3873
Test-procedures for the analysis of pollutants 3832, 3865
Total maximum daily loads 3885, 3886
Trace metals criteria 3862
Vessels of the Armed Forces discharge'standards 3869
Water quality standards 3830, 3847, 3863, 3864, 3878
Alabama .- 3844, 3861
Criteria for acute aquatic life 3830, 3847, 3863, 3864, 3880
Water pollution control—Continued
Indian country waters 3831
Mixing zone elimination and phase-out provision 3845
Revisions 3886
State and tribal standards 3881
Water resources:
See also Water supply
Best technology available for cooling water intake
structures 3870
Cooling water intake structures environmental impact 129
Water supply:
Carcinogen risk assessment : 3487
Drinking water:
Aldicarb and atrazine 3890
Arsenic 145
Chloroform levels 3908
Contaminant level goals (MCLGs) 3902
Contaminant occurrence reporting 3893
Contaminants 143, 3702, 3833, 3887, 3888, 3903
Disinfectants 128, 144, 3904
Endocrine Disrupter Screening and Testing Program 121
Filter backwash recycling rule 3905
Interim Enhanced Surface Water Treatment Rule 3904
Long Term 2 Enhanced Surface Water Treatment Rule
127
Methods update 3848
Methyl tertiary butyl ether (MTBE) 3580, 3894
Oxygenated fuel additives 3725
Public notification requirements 3909
Radionuclides 3902
Regulations reformatting 3901
Six-year review of regulations 3889
State revolving fund 3907
State Underground Injection Control Programs 3906
Sulfate 3900
Underground Injection Control Class V wells 3895
Unregulated .contaminant monitoring 3896
Groundwater protection 138
Water transportation:
See Vessels
Waterways
Waterways:
Facility response plans for vegetable oils and animal fats
3818
Wetlands:
See Coastal zone
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