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April 2001 Agenda of Regulatory
and
Deregulatory Actions
United States
K Environmental Protection Agency
% Office of Policy, Economics,
and Innovation
April 2001
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26120
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY (EPA)
40 CFR Ch. I
FRL-6958-4
April 2001 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 and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Regulations and major policies
completed or canceled since the last
Agenda.
TO BE PLACED ON THE AGENDA MAILING
LIST: Starting with the October 2001
edition we will resume free distribution
of the Agenda. If you would like to
subscribe, please contact: Janice
Ndunguru (1806A), Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460;
phone: (202) 564-6572; e-mail:
ndunguru.janice@epa.gov.
FOR FURTHER INFORMATION CONTACT: 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 questions about
the Agenda or about EPA's
decisionmaking process, please contact:
Phil Schwartz (1806A), Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460;
phone: (202) 564-6564; e-mail:
schwartz.philip@epa.gov. We welcome
your suggestions on how we can make
the Agenda more useful to you and
easier to use.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. The Transition of Administrations
and the Status of EPA's Rulemakings
B. What Principles and Objectives
Guide EPA in Developing
Regulations?
C. How Does EPA Develop Rules and
Policies and How Can You
Participate?
D. What Actions Are Included in the
Agenda?
E. How Is the Agenda Organized?
F. What Information Is in Agenda
Entries?
G. What Tools Are Available To Help
Quickly Identify Actions That Are of
Interest to You?
H. How Can You Access Federal
Register Documents via the Internet
and via E-mail?
I. What Special Attention Do We Give
to the Impacts of Rules on Small
Entities?
A. The Transition of Administrations
and the Status of EPA's Rulemakings
The regulations listed in this agenda
are required by law or are necessary to
interpret the law. While this is the first
regulatory agenda of the Bush
Administration, the timing is such that
our efforts won't be fully reflected in the
agenda until the October edition.
B. What Principles and Objectives
Guide EPA in Developing Regulations?
The quality of the science, economic,
and policy analysis that underlie EPA
regulations is vital to the credibility of
EPA decisions and ultimately our
effectiveness in protecting human
health and the environment.
Additionally, continued testing and
adoption of new environmental
protection methods must be a central
tenet in environmental problem solving.
A well managed regulatory process and
a strong commitment to innovative
solutions will ensure that the significant
environmental improvements that we
all want to achieve are cost-effective,
fair and fully protective.
Much of the success over the last 31
years and seven administrations 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 an important tool to implement
environmental policy, it is not the only
one. Instead, 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
growth. For example, we have worked
with businesses and community leaders
to develop more than 40 voluntary
partnership programs to help achieve
environmental objectives with the
greatest possible efficiency. For more
information about these programs visit:
www.epa.gov/partners.
EPA's regulatory process must ensure
that the Nation's environmental
protection system produces the best
outcomes at an acceptable cost, where
cost considerations are appropriate.
Appropriate scientific, economic and
policy analyses must be planned at early
stages in the regulatory development
process so that senior Agency decision
makers understand the benefits and
costs of policy options from which to
choose. Additionally, it is important
that we continue to apply new methods
to protect the environment-fey building
flexibility into regulations up front,
through nonregulatory approaches
where effective, by creating strong
partnerships with States, and by
vigorously using public outreach and
involvement.
The basic legal requirements we must
follow when we issue a regulation
generally 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/.
We also must meet a number of
requirements contained in Executive
orders. Of particular significance for
EPA rulemakings are Executive Orders
12866 (Regulatory Planning and
Review), 13045 (Children's Health
Protection), 13175 (Consultation and
Coordination with Indian Tribal
Governments), and 13132 (Federalism).
You can find information on these and
other Executive orders at
http://www.nara.gov/fedreg/eo.html.
C. How Does EPA Develop Rules and
Policies and How Can You Participate?
You may participate by contacting the
expert responsible for developing a
particular rule. You may also participate
by commenting on proposed rules that
we publish in the Federal Register.
Once we have proposed a rule, we will
consider your comments and address
them before issuing a final rule. To be
most effective, comments should
contain information and data that
support your position, and you also
should explain why we should
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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
which reflect EPA's thinking in major
policy areas. We invite you to take part
in developing these documents.
For a detailed description of our rule
and policy development process request
a copy of "Initiation of EPA's New
Regulatory and Policy Development
Process" from Janice Ndunguru at 1200
Pennsylvania Avenue NW., Washington,
DC 20460; e-mail:
ndunguru.janice@epa.gov; phone: (202)
564-6572.
D. 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.
There is no legal significance to the
omission of an item from the agenda.
E. 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 14 sections deal with
13 laws that EPA administers and a
fourteenth 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 Federal Food, Drug, and
Cosmetic Act (FFDCA)
6. The Toxic Substances Control Act
(TSCA)
7. The Emergency Planning and
Community Right-to-Know Act
(EPCRA)
8. Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act
9. The Resource Conservation and
Recovery Act (RCRA)
10. The Oil Pollution Act (OPA)
11. The Comprehensive Environmental
Response, Compensation, and
Liability Act Superfund (CERCLA)
12. The Clean Water Act (CWA)
13. The Safe Drinking Water Act
(SDWA)
14. The Shore Protection Act (SPA)
In each of these 14 sections, there are
up to 5 headings covering the following
stages of rulemaking:
1. Prerulemakings - Prerulemaking
actions are intended to determine
whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations
required 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 March 2002.
5. Completed Actions - This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the October 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.
F. 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
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EPA
the economy of $100 million or more or
will adversely affect in a material way
the economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities. OMB reviews all
economically significant rules under
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
(SBREFA) (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.
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 Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
G. 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 aids to help you find
actions that are of interest to you.
For Rules That Directly Affect a
Particular Industry: See Appendix F
"Subject Index to the Unified Agenda."
If you have access to the Internet, you
can use the EPA Regulatory Agenda
search engine which is located in the
Small Business Regulatory Library
section of the EPA Web site at
www.epa.gov/regagenda. Click on
"Search Regulatory Action Database"
and then "Access the Database". This
tool can be used to search all Agenda
entries by keyword and we invite
everyone to use it. The GPO also has a
search engine which is located at.
For Rules With Economic Impacts
Over $100 Million: EPA is developing
21 rules that are expected to have
annualized economic impacts of more
than $100 million.
Number
Rules that are expected to have annualized economic impacts over $100 million
RIN
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Groundwater Rule
2040-AA94
2040-AA97
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EPA
Number
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Rules that are expected to have annuahzed economic impacts over $100 million
National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New Source Compli-
ance Monitoring ..
Effluent Guidelines and Standards for the Metal Products and Machinery Category Phases 1 and 2
Revisions to NPDES Requirements for Municipal Sanitary Sewer Collection Systems
Effluent Guidelines and Standards for Feedlots Point Source Category, and NPDES Regulation for Concentrated
Animal Feeding Operations
National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule .
National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule
Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management Facilities
Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric Power Producers ...
Standards for the Management of Coal Combustion Wastes — Non-Power Producers and Minefilling
NESHAP: Plywood and Composite Wood Products
NESHAP' Reciprocating Internal Combustion Engine
NESHAP: Combustion Turbine
NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters
NESHAP' Automobile and Light-Duty Truck Manufacturing (Surface Coating)
Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the Eastern United
States
Control of Emissions from Nonroad Large Spark Ignition Engines, Recreational Engines (Marine and Land-based),
and Highway Motorcycles
Review of the National Ambient Air Quality Standards for Particulate Matter
Interstate Ozone Transport: Rulemaking on Section 126 Petitions from the District of Columbia, Delaware, Mary-
land, and New Jersey
Rulemakings for the Purpose of Reducing Interstate Ozone Transport
RIN
2040-AB75
2040-AB79
2040-AD02
2040-AD19
2040-AD37
2040-AD38
2050- AB80
2050-AE81
2050-AE83
2060-AG52
2060-AG63
2060-AG67
2060-AG69
2060-AG99
2060-AH87
2060-AI11
2060-AI44
2060-AI99
2060-AJ20
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 may have a significant impact on
a substantial number of small entities.
These lists are also available on the
Internet. The small businesses list is at
http://ciir.cs.umass.edu/ua/
available on the Internet at
http://ciir.cs.umass.edu/ua/
April2001/entities/smgov-8.html.
H. How Can You Access Federal
Register Documents via the Internet
and via E-mail?
Like many organizations in the public
and private sector, EPA is harnessing
the power of the Internet to meet the
April2001/entities/sm—index-2.html. The needs of those we serve. The EPA Web
small governments list is at site offers more than 100 OOQ files
http://ciir.cs.umass.edu/ua/ online If want to t automatic e.
APril20pl/entities/sm-index-3.htrnl. Andmails about areas of particuiar interest
the small organizations list is at
http://ciir.cs.umass.edu/ua/
April2001/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 following 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/
April2001/entities/smgov-5.html.
For Rules With Impacts on Sta*e,
Local, or Tribal Governments, or Other
Federal Agencies:
See Appendix D following this
Agenda, "Index to Entries That May
Affect Government Levels." This list is
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's site
(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
Regulatory Information Service Center
and Government Printing Office sites.
We also have a Regulatory Agenda
search engine at:
http://www.epa/regagenda. To use,
first select "Search Regulatory Action
Database" and then select "Access the
Database".
• 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 links to all agencies'
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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 mlemaking.
I. What Special 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,
organizations, and governmental
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 Appendix C 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 That May
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 carry out particular
procedures under certain circumstances.
We have developed a Web site to
provide detailed information on EPA's
activities related to RFA/SBREFA
(www.epa.gov/sbrefa) and some of that
information is summarized below:
1. Convene a Small Business Advocacy
Review (SBAR) Panel prior to
proposing any rule subject to notice-
and-comment requirements unless the
Agency certifies the rule will not have
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
serves as the basis for convening the
Panel. The Panel then conducts its
review, carries out its own small
entity outreach, and prepares a 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. In this Agenda we
report on the results of the review of
the Effluent Guideline for Organic
Chemicals, Plastics, and Synthetic
Fibers. If you have general questions
about our 610 review program or
suggestions for other rules we should
review under section 610, please
contact Phil Schwartz (1806A),
Environmental Protection Agency,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460; fax: (202) 564-
6564, e-mail:
schwartz.philip@epa.gov.
The April 2001 EPA Agenda follows.
Dated: April 19, 2001.
Thomas J. Gibson,
Associate Administrator, Office of Policy,
Economics, and Innovation.
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26125
EPA
Sequence
Number
3205
Sequence
Number
3206
3207
3208
3209
3210
3211
3212
3213
3214
3215
3216
3217
GENERAL— Prerule Stage
Title
SAN No 4533 New Jersey Gold Track Project XL Rule
GENERAL— Proposed Rule Stage
Title
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 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No 3876 Incrementally Funding Fixed Price Contracts
SAN No 3817 Implementation of Changes to Governmentwide Debarment and Suspension Common Rule
SAN No 3933 Environmental Impact Assessment of Nongovernmental Activities in Antarctica
SAN No 4292 Proposed Revision to EPA's Implementing NEPA Regulations
SAN No 3240 Public Information and Confidentiality Regulations
SAN No 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule
SAN No 4463 Persistent Bioaccumulative and Toxic (PBT) Pollutants Strategy
SAN No 4473 Regulatory Incentives for the National Environmental Achievement Track Program
SAN No. 4536 Project XL Site-Specific Rulemaking for NASA White Sands Test Facility Electronic Reporting in
Las Cruces New Mexico
Regulation
Identification
Number
2002-AAOO
Regulation
Identification
Number
2020- AA39
2030- AA64
2030-AA67
2030-AA50
2030-AA48
2020- AA34
2020- AA42
2025-AA02
2025-AA07
2070-AD45
2090-AA13
2090- AA27
GENERAL—Final Rule Stage
Sequence
Number
3218
3219
3220
3221
3222
3223
3224
Title
Regulation
Identification
Number
2030-AA62
2030-AA66
2Q30-AA37
2025-AA04
2Q30-AA57
2030-AA68
2030-AA73
GENERAL—Long-Term Actions
Sequence
Number
3225
3226
3227
3228
Title
SAN No. 3807 Consolidation of Good Laboratory Practice Standards (GLPS) Regulations Currently Under TSCA
SAN No. 4021 Nondiscrimination on the Basis of Race, Color, National Origin, Handicap, and Age in Programs
Regulation
Identification
Number
2020-AA26
2020-AA36
2080-AA06
2090-AA23
GENERAL—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3229
SAN No, 3736 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (State) Grant Reg-
ulation
2030-AA55
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
GENERAL—Completed Actions (Continued)
Sequence
Number
3230
3231
3232
3233
3234
3235
3236
Title
SAN No. 4128 Revision to 40 CFR 35 Subpart A and Promulgation of Performance Partnership (Tribal) Grant
Rule
SAN No 3629 EPA Mentor-Protege Program
SAN No 3874 Deletion of EPA Acquisition Regulations for Quality Systems for Environmental Programs
SAN No 4483 Joint Rule Amending Federal Nondiscrimination Regulations' Definition for Program or Activity
SAN No 4396 Business Ownership Representation
SAN No 4397 Contractor Diversity Clause .. .
SAN No 4427 Report on PM2 5 Federal Reference Method Field Study
Regulation
Identification
Number
2030-AA56
2030-AA40
2030- AA51
2020-AA43
2030-AA69
2030-AA70
2080- AA09
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
3237
3238
3239
3240
3241
3242
3243
3244
3245
3246
3247
3248
3249
3250
3251
3252
3253
3254
3255
3256
3257
3258
3259
3260
3261
3262
3263
3264
3265
3266
3267
3268
3269
3270
3271
3272
3273
3274
3275
Title
SAN No 3263 Performance Warranty and Inspection/Maintenance Test Procedures ....
SAN No. 3262 Inspection/Maintenance Recall Requirements
SAN No 3412 Operating Permits' Revisions (Part 70)
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 .. ...
SAN No 3917 Transportation Conformity Rule Amendment' Clarification of Trading Provisions
SAN No 3910 Streamlined Evaporative Test Procedures
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' Clay Minerals Processing . ....
SAN No 4098 NESHAP: Uranium Hexafluoride Production
SAN No. 4119 Performance Specification 1 6 - Specifications and Test Procedures for Predictive Emission Monitor-
ing Systems in Stationary Sources
SAN No 4003 Technical Change to Dose Methodology for 40 CFR 191 Subpart A .. .
SAN No. 4464 Rulemaking on Section 126 Petitions from New York and Connecticut Regarding Sources in Michi-
gan
SAN No 3656 NESHAP' Reciprocating Internal Combustion Engine
SAN No 3657 NESHAP' Combustion Turbine . .. .
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 NESHAP1 Chlorine Production . .. .
SAN No 3551 Amendments to General Provisions Subparts A and B for 40 CFR 63 ... .. .
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
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
Regulation
Identification
Number
2060-AE20
2060-AE22
2060-AF70
2060-AF72
2060-AG13
2060-AG52
2060-AH31
2060-AH34
2060-AH55
2060-AH58
2060-AH67
2060-AH72
2060-AH75
2060-AH78
2060-AH79
2060-AH83
2060-AH84
2060-AH90
2060-AJ36
2060-AG63
2060-AG67
2060-AE43
2060-AE48
2060-AE79
2060-AE82
2060-AE85
2060-AF31
2060-AG56
2060-AG66
2060-AG68
2060-AG69
2060-AG72
2060-AG93
2060-AG96
2060-AG98
2060-AG99
2060-AH03
2060-AH08
2060- AH 12
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26127
EPA
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3276 SAN No. 3972 NESHAP: Rocket Engine Test Firing 2060-AH35
3277 SAN No. 3971 NESHAP: Organic Liquids Distribution (Non-Gasoline) 2060-AH41
3278 SAN No. 3824 Metal Furniture (Surface Coating) NESHAP 2060-AG55
3279 SAN No 3826 Plastic Parts (Surface Coating) NESHAP 2060-AG57
3280 SAN No. 3904 NESHAP. Wood Building Products (Surface Coating) 2060-AH02
3281 SAN No. 3139 Location of Selective Enforcement Audits of Foreign Manufactured Vehicles and Engines; Amend-
ment 2060-AD90
3282 SAN No. 3979 Review of Federal Test Procedures for Emissions From Motor Vehicles; Test Procedure Adjust-
ments to Fuel Economy and Emission Test Results .... 2060-AH38
3283 SAN No. 3673 Protection of Stratospheric Ozone. Reconsideration of Section 608 Sales Restriction 2060-AG20
3284 SAN No. 4487 Federal Implementation Plans for Indian Reservations in Idaho, Oregon and Washington 2012-AA01
3285 SAN No. 4511 Accidental Release Prevention Requirements. Risk Management Programs Under the Clean Air
Act, Section 112(r)(7), Third Party Audit Provisions 2050-AE85
3286 SAN No. 4115 NESHAP: Chromium Electroplating Amendment 2060-AH69
3287 SAN No. 4154 Control of Emissions from Nonroad Large Spark-Ignition Engines, Recreational Engines (Marine
and Land-Based), and Highway Motorcycles 2060-AI11
3288 SAN No. 4253 Protection of Stratospheric Ozone: Process for Exempting Quarantine and Preshipment Methyl Bro-
mide and Trade Ban With Non-Parties to the Montreal Protocol 2060-AI42
3289 SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AI44
3290 SAN No. 4340 Transportation Conformity Amendments. Response to March 2, 1999, Court Decision 2060-AI56
3291 SAN No. 4309 National VOC Emission Standards for Consumer Products; Proposed Amendments 2060-AI62
3292 SAN No. 4310 NESHAP for the Printing and Publishing Industry; Amendments 2060-AI66
3293 SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing 2060-AI67
3294 SAN No. 4343 NESHAP. Clay Ceramics Manufacturing 2060-AI68
3295 SAN No. 4313 Petitions to Delist Hazardous Air Pollutants (e.g., MEK, EGBE, Methanol, and MIBK) from Section
112(b)(1) of the CAA 2060-AI72
3296 SAN No. 4144 NESHAP: Engine Test Facilities 2060-AI74
3297 SAN No. 4346 NESHAP: Lightweight Aggregate Manufacturing 2060-AI75
3298 SAN No. 4306 Development of Reference Method for the Determination of Source Emissions of Filterable Fine
Particulate Matter as PM2.5 2060-AI96
3299 SAN No. 4348 Inspection Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule 2060-AI97
3300 SAN No. 4393 Control of Methyl Tertiary Butyl Ether (MTBE) . . . . 2060-AJOO
3301 SAN No. 4380 NESHAP- Taconite Iron Ore Processing Industry 2060-AJ02
3302 SAN No. 4413 NESHAP: Aluminum Die Casting and Aluminum Foundries 2060-AJ09
3303 SAN No. 4390 New Source Review (NSR) Improvement-Utility Sector Offramp Program 2060-AJ14
3304 SAN No. 4410 Protection of Stratospheric Ozone Allocation of Essential-Use Allowances for Calendar Year 2001:
Laboratory Essential Use Exemptions 2060-AJ15
3305 SAN No. 4433 Rulemaking for Purposes of Reducing Interstate Ozone Transport. Response to March 3, 2000 De-
cision of the United States Court of Appeals for the District of Columbia Circuit 2060-AJ16
3306 SAN No 4460 NESHAP for Friction Products Manufacturing ... 2060-AJ18
3307 SAN No. 4449 NESHAP for Flexible Polyurethane Foam Fabrication Operations 2060-AJ19
3308 SAN No. 4466 Rulemakmgs for the Purpose of Reducing interstate Ozone Transport 2060-AJ20
3309 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
3310 SAN No. 4421 Revising Regulations on Ambient Air Quality Monitoring 2060-AJ25
3311 SAN No. 4426 Clarification to Existing Part 63 NESHAP Delegations' Provisions-Work Practices 2060-AJ26
3312 SAN No. 4441 Federal Plan for Commercial and Industrial Solid Waste Incineration Units 2060-AJ28
3313 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
3314 SAN No. 4450 Guidelines for Best Available Retrofit Technology (BART) 2060-AJ31
3315 SAN No. 4457 NESHAP: Pesticides Active Ingredients—Amendments 2060-AJ34
3316 SAN No. 4538 Revisions to the Part 97 Federal NOx Budget Trading Program, the Part 75 Emissions Monitoring
Provisions, the Part 72 Permits Regulation Provisions, and the Part 78 Appeal Procedures .. 2060-AJ43
3317 SAN No 4484 NESHAP: Ammo/Phenolic Resins. Amendment 2060-AJ45
3318 SAN No. 4454 Federal Plan for Small Municipal Waste Combustion Units ... . . 2060-AJ46
3319 SAN No 4520 Petition by Colorado To Relax the Reid Vapor Pressure Standard for Gasoline for 2001 . .. 2060-AJ55
3320 SAN No. 4535 Protection of Stratospheric Ozone. Process for Exempting Critical and Emergency Uses of Methyl
Bromide . . . 2060-AJ63
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26128
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identification
Number
3321 SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating Station; Four Corners Power
Plant 2009-AA01
3322 SAN No. 3259 New Source Review (NSR) Improvement 2060-AE11
3323 SAN No. 3380 NSPS: Synthetic Organic Chemicals Manufacturing Industry - Wastewater (FINAL) & Amend, to
Appendix C of Part 63 & Appendix J of Part 60 2060-AE94
3324 SAN No. 3549 NESHAP. Petroleum Refineries; Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Re-
covery Units 2060-AF28
3325 SAN No. 2915 Methods for Measurement of Visible Emissions—Addition of Methods 203A, 203B, and 203C to
Appendix M of Part 51 2060-AF83
3326 SAN No. 3568 Environmental Radiation Protection Standards for Yucca Mountain, Nevada 2060-AG14
3327 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
3328 SAN No. 3970 NESHAP: Cellulose Production Manufacturing 2060-AH11
3329 SAN No. 3969 NESHAP: Municipal Solid Waste Landfills 2060-AH13
3330 SAN No. 3958 Addition of Opacity Method to Appendix M of 40 CFR Part 51 (Method 203) 2060-AH23
3331 SAN No. 3986 Consolidated Emissions Reporting Rule 2060-AH25
3332 SAN No. 4030 Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low-Emission Vehicle
Exhaust Emission Standards 2060-AH52
3333 SAN No. 4123 NESHAP: Pulp and Paper Production; Amendments to the Promulgated Rule 2060-AH74
3334 SAN No. 4114 NESHAP: Polyvinyl Chloride and Copolymers Production 2060-AH82
3335 SAN No. 4096 Phase I Federal Implementation Plans (FIPs) To Reduce the Regional Transport of Ozone in the
Eastern United States 2060-AH87
3336 SAN No. 4082 NESHAP: Wet-Formed Fiberglass Mat Production 2060-AH89
3337 SAN No. 4077 Protection of Stratospheric Ozone: Reconsideration on the 610 Nonessential Products Ban 2060-AH99
3338 SAN No. 4254 Revision to the Definition of Volatile Organic Compound (VOC) to Exclude Tertiary Butyl Acetate ... 2060-AI45
3339 SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand) 2060-AA61
3340 SAN No. 3470 Requirements for Preparation, Adoption, and Submittal of State Implementation Plans (Guideline
on Air Quality Models) 2060-AF01
3341 SAN No. 3340 NESHAP: Primary Copper Smelting 2060-AE46
3342 SAN No. 3550 NESHAP: Manufacturing of Nutritional Yeast 2060-AF30
3343 SAN No. 3747 NESHAP: Boat Manufacturing 2060-AG27
3344 SAN No. 3749 NESHAP: Tire Manufacturing 2060-AG29
3345 SAN No. 3823 NESHAP: Large Appliance (Surface Coating) 2060-AG54
3346 SAN No. 3905 NESHAP: Metal Coil (Surface Coating) Industry 2060-AG97
3347 SAN No. 3964 NESHAP: Leather Finishing Operations 2060-AH17
3348 SAN No. 3903 NESHAP: Solvent Extraction for Vegetable Oil Production 2060-AH22
3349 SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-Amendments 2060-AH47
3350 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
3351 SAN No. 3556 Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling Standard Under Sec-
tion 608 2060-AF36
3352 SAN No. 3560 Protection of Stratospheric Ozone: Refrigerant Recycling Rule Amendment To Include Substitute
Refrigerants 2060-AF37
3353 SAN No. 3525 Protection of Stratospheric Ozone: Update of the Substitutes List Under the Significant New Alter-
natives Policy (SNAP) Program 2060-AG12
3354 SAN No. 3827 Paper and Other Web Coating NESHAP 2060-AG58
3355 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
3356 SAN No. 4105 NESHAP: Generic MACT for Carbon Black, Ethylene, Cyanide and Spandex 2060-AH68
3357 SAN No. 4316 NESHAP for Ethylene Oxide Commercial Sterilization Operations-Monitoring Amendments 2060-AI64
3358 SAN No. 4273 Amend Subpart H and I, 40 CFR Part 61, for Emissions of Radionuchdes Other Than Radon From
DOE Facilities 2060-AI90
3359 SAN No. 4299 Revision to Method 24 for Electrical Insulating Varnishes 2060-AI94
3360 SAN No. 4358 Regulation of Fuels and Fuel Additives: Reformulated Gasoline Adjustment 2060-AI98
3361 SAN No. 4417 Removal of Aluminum Die Casting and Aluminum Foundries From the Secondary Aluminum
NESHAP and Applicability Stay for These Industries 2060-AJ11
3362 SAN No. 4458 NESHAP for Pharmaceuticals Production: Direct Final Amendments 2060-AJ17
3363 SAN No. 4428 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane (Halon 1011) Production and
Consumption 2060-AJ27
3364 SAN No. 4442 NESHAP for Source Categories: Phosphoric Acid Manufacturing and Phosphate Fertilizers Produc-
tion — Amendments 2060-AJ29
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26129
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3365
3366
3367
3368
3369
3370
3371
3372
3373
3374
3375
SAN No. 4478 Standards of Performance for New Stationary Sources. Municipal Solid Waste Landfills: Amend-
ment
SAN No. 4479 NESHAP: Gasoline Distribution Facilities — Amendment
SAN No. 4491 Section 126 Rule Revision Correcting NOx Allowance Allocations for Certain Units in the Federal
NOx Budget Trading Program
SAN No. 4492 Revision to Interim Approval Requirements
SAN No. 4507 Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Large
Municipal Waste Combustors Amendment of Startup, Shutdown, and Malfunction Provisions
SAN No. 4524 Portland Cement Manufacturing Industry NESHAP: Amendments to Rule
SAN No. 4528 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline
SAN No. 4529 Change in Definition of "major source" for Operating Permits
SAN No. 4544 NESHAP: Ferroalloy Production: Ferromanganese and Silicomanganese
SAN No. 4517 Project XL Site-Specific Rulemaking for Weyerhaeuser Company Flint River Operations
SAN No. 4278 Project XL Site-Specific Rulemaking for Andersen Corporation's Facility in Bayport, Minnesota
2060-AJ41
2060-AJ42
2060-AJ47
2060-AJ48
2060-AJ52
2060-AJ57
2060-AJ59
2060-AJ60
2060-AJ64
2090-AA20
2090-AA21
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identification
Number
3376 SAN No. 3553 Implementation of Ozone and Particulate Matter (PM) National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations 2060-AF34
3377 SAN No. 3922 Revised Permit Revision Procedures for the Federal Operating Permits Program 2060-AG92
3378 SAN No. 3975 Review of Minor New Sources and Modifications in Indian Country 2060-AH37
3379 SAN No. 4046 Federal Major New Source Review (NSR) Program for Nonattainment Areas 2060-AH53
3380 SAN No. 4070 General Conformity Regulations; Revisions 2060-AH93
3381 SAN No. 4247 Revisions to Air Pollution Emergency Episode Requirements (Subpart H, 40 CFR Part 51) 2060-AI47
3382 SAN No. 3638 Revision of EPA's Radiological Emergency Response Plan 2060-AI49
3383 SAN No. 3746 NESHAP: Paint Stripping Operations 2060-AG26
3384 SAN No. 3479 Amendments to Parts 51, 52, 63, 70 and 71 Regarding the Provisions for Determining Potential To
Emit 2060-AI01
3385 SAN No. 4162 NESHAP: Oil and Natural Gas Production 2060-AI13
3386 SAN No. 2937 Field Citation Program 2020-AA32
3387 SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators 2060-AG31
3388 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
3389 SAN No. 4245 Consumer and Commercial Products: Flexible Package Printing Materials: Determination on Con-
trol Techniques Guidelines in Lieu of Regulation 2060-AI31
3390 SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur Dioxide (SO2) Area 2008-AAOO
3391 SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
3392 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) 2060-AI57
3393 SAN No. 4276 Revision to NOx SIP Call Emission Budgets for Connecticut, Massachusetts and Rhode Island 2060-AI80
3394 SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the District of Columbia,
Delaware, Maryland, and New Jersey 2060-AI99
3395 SAN No. 4391 Rescinding Finding That Pre-existing PM10 Standards Are No Longer Applicable in Northern Ada
County/Boise, Idaho 2060-AJ05
3396 SAN No. 4471 Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation's Facility in Big Island, Virginia 2090-AA26
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identification
Number
3397
3398
SAN No. 3407 Method 301: Field Validation of Pollution Measurement Methods for Various Media; Revisions
SAN No. 3743 Amendments for Testing and Monitoring Provisions to Part 60, Part 61, and Part 63
2060-AFOO
2060-AG21
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26130
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3399 SAN No. 3748 Consolidated Federal Air Rule for the Synthetic Organic Chemical Manufacturing Industry 2060-AG28
3400 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
3401 SAN No. 4333 Decision on a Petition From the Territory of American Samoa To Be Exempted From the Gasoline
Anti-Dumping Regulations 2060-AI60
3402 SAN No. 4504 NESHAP' Off-Site Waste and Recovery Operations; Final Rule—Settle Agreement; and NESHAP
for Off-Site Waste and Recovery Operations; Technical Amendment 2060-AJ44
3403 SAN No 3304 NESHAP: Phosphate Fertilizers Production 2060-AE44
3404 SAN No. 3754 Petroleum Solvent Dry Cleaners Maximum Achievable Control Technology (MACT) Standard 2060-AG34
3405 SAN No. 3829 Revisions to the Regulation for Approval of State Programs and Delegation of Federal Authorities
112(1) 2060-AG60
3406 SAN No. 3899 NESHAP: Friction Products Manufacturing 2060-AG87
3407 SAN No. 3962 NESHAP: Manufacture of Carbon Black 2060-AH19
3408 SAN No. 3973 NESHAP: Flexible Polyurethane Foam Fabrication Operations 2060-AH42
3409 SAN No. 4218 NESHAP: Process Heaters 2060-AI35
3410 SAN No. 4455 NESHAP: Amino/Phenolic Resins Amendment 2060-AJ32
3411 SAN No. 3613 NSPS and Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units 2060-AF91
3412 SAN No. 4271 Protection of Stratospheric Ozone: Incorporation of Clean Air Act Amendments for Reduction in
Class I, Group VI Controlled Substances 2060-AI41
3413 SAN No. 4385 Amendments to Vehicle Inspection Maintenance Program Requirements Implementing the Onboard
Diagnostic Check; Amendment to the Final Rule 2060-AJ03
3414 SAN No. 4110 NESHAP: Alumina Processing 2060-AH70
3415 SAN No. 4240 NESHAP: Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone
Semichemical Pulp Mills 2060-AI34
3416 SAN No. 4251 Control of Emissions of Air Pollution from New Compression-Ignition and Spark-Ignition Rec-
reational Marine Engines 2060-AI36
3417 SAN No 4243 Standards and Guidelines for Small Municipal Waste Combustion Units 2060-AI51
3418 SAN No. 4284 Revision of Schedule for Standards Under Section 112 of the CAA 2060-AI52
3419 SAN No. 4285 Control of Emissions of Hazardous Pollutants from Motor Vehicles and Motor Vehicle Fuels 2060-AI55
3420 SAN No. 4286 National Emission Standards for Benzene Emissions from Coke Byproduct Recovery Plants (Part
61, Subpart L) 2060-AI65
3421 SAN No. 4355 Heavy-Duty Engine Emission Standards & Diesel Fuel Sulfur Control Requirements 2060-AI69
3422 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 2060-AI77
3423 SAN No. 4354 NESHAP- Pharmaceuticals Production; Final Amendments 2060-AI78
3424 SAN No. 4304 National Ambient Air Quality Standard for Ozone - Corrections Notice 2060-AI95
3425 SAN No. 4387 Amendments to State and Federal Operating Permits Programs, Part 70 and Part 71, Compliance
Certification Requirements 2060-AJ04
3426 SAN No. 4414 Revision of Standards of Performance for Nitrogen Oxide Emissions from New Fossil-Fuel Fired
Steam Generating Units 2060-AJ22
3427 SAN No. 4416 Revision to the Source Category Listing for Section 112(d)(2) Rulemaking Pursuant to Section
112(c)(6) Requirements 2060-AJ24
3428 SAN No. 4456 Stratospheric Ozone Protection: Allocation of Essential Use Allowances for Calendar Year 2001 2060-AJ33
3429 SAN No. 4465 Stay of the 8-Hour Portion of Findings of Significant Contribution and Rulemaking for Purposes of
Reducing Interstate Ozone Transport 2060-AJ37
3430 SAN No 4468 National Air Toxics Program: Integrated Strategy, Report to Congress 2060-AJ38
3431 SAN No. 4471 Project XL Site-Specific Rulemaking for Georgia-Pacific Corporation's Facility in Big Island, Virginia 2060-AJ39
3432 SAN No. 4336 Amendments to NESHAP: Off-Site Waste and Recovery Operations 2060-AJ40
3433 SAN No. 4527 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances—N-
Propylbromide 2060-AJ58
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage
Sequence
Number
3434
Title
Regulation
Identification
Number
SAN No. 3602 Protective Action Guidance for Drinking Water 2060-AF39
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26131
EPA
ATOMIC ENERGY ACT (AEA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3435 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste 2060-AH63
3436 SAN No. 4403 Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance Criteria 2060-AJ07
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
I ~ I '
3437 SAN No. 2684 Plant Incorporated Protectants (Formerly Plant Pesticides) Rulemakings 2070-AC02
3438 SAN No. 2687 Data Requirements for Pesticide Registration; Toxicology, Exposure and Residue Chemistry 2070-AC12
3439 SAN No. 4170 Pesticides; Procedures for Registration Review Program 2070-AD29
3440 SAN No. 4173 Data Requirements for Antimicrobial Pesticide Registration; Product Chemistry Requirements 2070-AD30
3441 SAN No. 4496 Data Requirement for Pesticide Registration; Environmental Fate and Ecological Effects 2070-AD47
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Regulation
ide^n
3442 SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment 2070-AB95
3443 SAN No. 3222 Groundwater and Pesticide Management Plan Rule 2070-AC46
3444 SAN No. 3731 WPS; Pesticide Worker Protection Standard; Glove Amendment 2070-AC93
3445 SAN No. 3892 Registration Requirements for Antimicrobial Pesticide Products; and Other Pesticide Regulatory
Changes 2070-AD14
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
™
3446 SAN No. 4216 Regulatory Review of Pesticide Emergency Exemption Regulations 2070-AD36
3447 SAN No. 3432 Pesticide Management and Disposal 2020-AA33
3448 SAN No. 4143 Endocrine Disrupter Screening Program 2070-AD26
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions
Regulation
3449 SAN No. 3890 Tolerances for Pesticide Emergency Exemptions 2070-AD15
3450 SAN No. 2720 Policy or Procedures foi Notification to the Agency of Stored Pesticides With Canceled or Sus-
pended Registration 2020-AA29
3451 SAN No. 4347 Registration of Granular Fertilizer-Pesticide Combination Products 2070-AD40
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Regulation
™-
3452 SAN No. 2563 Test Rule; ATSDR Substances 2070-AB79
3453 SAN No. 4174 TSCA Section 4 Enforceable Consent Agreement for Certain Oxygenated Fuel Additives 2070-AD28
3454 SAN No. 4395 Test Rule; Multi-Substance Rule for the Testing of Developmental and Reproductive Toxicity 2070-AD44
3455 SAN No. 1923 Follow-Up Rules on Existing Chemicals 2070-AA58
-------
26132
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage (Continued)
Sequence
Number
3456
3457
SAN No. 4512 Significant New Use Rule;
Upholstered Furniture
SAN No 3557 Lead-Based Paint Activities
Title
Selected Flame Retardant
Training and Certification
Chemical Substances for use in Residential
for Renovation and Remodeling
Regulation
Identification
Number
2070-AD48
2070-AC83
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
3458
3459
3460
3461
3462
3463
3464
3465
3466
3467
3468
3469
3470
3471
3472
3473
Title
SAN No 3301 TSCA Inventory Update Rule Amendments
SAN No 3493 Test Rule' Generic Entry for ITC Related Testing Decisions
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)
SAN No. 3990 Test Rule; Certain High Production Volume (HPV) Chemicals
SAN No. 4425 Test Rule; In Vitro Dermal Absorption Rate Testing of Certain
tional Safety and Health Administration
SAN No 1976 Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs
Orders
Chemicals of Interest to the Occupa-
To Extend Provisions of Section 5(e)
SAN No. 4475 Significant New Use Rule; Certain Perfluoroalkyl Sulfonyl (Pfos) Containing Chemical Substances ..
SAN No. 2150 Polychiormated Biphenyls (PCBs); Exemptions From the Prohibitions Against Manufacturing, Proc-
essing and Distribution in Commerce
SAN No. 2779 Acrylamide; Prohibition on Manufacture, Importation, Distribution and Use of Acrylamide for Grout-
ing
SAN No. 3528 Significant New Use Rule; Refractory Ceramic Fibers
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
riod Sunset Dates for TSCA Section 4 Substances
SAN No. 4172 Lead; Notification Requirements for Lead-Based Paint Abatem
SAN No. 3118 TSCA Section 8(e) Policy, Notice of Clarification
Section 12(b) Export Notification Pe-
ent Activities and Training .. ..
Regulation
Identification
Number
2070-AC61
2070-AB94
2070-AC76
2070- AD 16
2070-AD42
2070-AA59
2070-AB27
2070-AD43
2070-AB20
2070-AC17
2070-AC37
2070-AB08
2070-AB11
2070-AC84
2070-AD31
2070-AC80
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
3474
3475
3476
3477
3478
3479
3480
3481
3482
3483
Sequence
Number
3484
Title
SAN No. 4027 Pesticides; Tolerance Processing Fees
SAN No 4175 Pesticide Tolerance Reassessment Program
SAN No 2865 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No. 3882 Test Rule; Certain Metals .. .
SAN No. 3252 Lead; Regulatory Investigation Under the Toxic Substances Control Act (TSCA) To Reduce Lead
(Pb) Consumption and Use
SAN No 3148 Asbestos Model Accreditation Plan Revisions
SAN No 4179 Polychiormated Biphenyls (PCBs)' Use Authorizations
SAN No. 4376 Lead-Based Paint Activities; Training, Accreditation, and Certification Rule and Model State Plan
Rule - Building and Structures
SAN No 3508 Lead' Management and Disposal of Lead-Based Paint Debris
SAN No 4176 Chemical Right-to-Know Initiative' High Production Volume (HPV) Chemicals
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Completed Actions
Title
SAN No. 3021 Polychlorinated Biphenyls (PCBs); Re^lassification of PCB and PCB Contaminated Electrical
Eauioment Final Rule
Regulation
Identification
Number
2070-AD23
2070-AD24
2070-AC27
2070-AD10
2070-AC21
2070-AC51
2070-AD27
2070-AC64
2070-AC72
2070-AD25
Regulation
Identification
Number
2070-AC39
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Federal Register/ Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26133
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identification
Number
3485 SAN No. 2249 Asbestos Worker Protection Rule Amendments 2070-AC66
3486 SAN No. 3243 Lead; Identification of Dangerous Levels of Lead Pursuant to TSCA Section 403 2070-AC63
3487 SAN No. 4488 Polychlorinated Biphenyls (PCBs); Return of PCB Waste from U.S. Territories Outside the Customs
Territory of the United States 2070-AD46
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Proposed Rule Stage
„ Regulation
Sequence Ti,ie Identification
Number Number
3488 SAN No. 4265 TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal Extraction Activities Exemp-
tion 2025-AA06
3489 SAN No. 4392 TRI: APA Petition-EPCRA 313 Definition of "Overburden" as it relates to the mining industry 2025-AA08
3490 SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule 2050-AE17
3491 SAN No. 3993 Modification of Threshold Planning Quantity for Isophorone Diisocyanate 2050-AE43
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Final Rule Stage
~
Number
3492 SAN No. 2425 TRI; Responses to Petitions Received To Add or Delete or Modify Chemical Listings on the Toxic
Release Inventory 2025-AAOO
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Long-Term Actions
~
Number Number
3493 SAN No. 3007 TRI; Chemical Expansion; Finalization of Deferred Chemicals 2025-AA01
3494 SAN No. 4015 TRI; Review of Chemicals on the Original TRI List 2025-AA03
3495 SAN No. 2847 TRI; Pollution Prevention Act Information Requirements 2025-AA09
3496 SAN No. 3994 Response to a Petition Requesting Deletion of Phosmet from the Extremely Hazardous Substances
(EHSs) List 2050-AE42
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)—Completed Actions
Regulation
3497 SAN No. 4259 TRI; Lowering of EPCRA Section 313 Reporting Thresholds for Lead and Lead Compounds 2025-AA05
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Regulation
Numbe ™e Identification
Number
3498 SAN No. 3989 Removal of Requirement To Use SW-846 Methods (Test Methods for Evaluating Solid Waste
Physical/Chemical Methods) 2050-AE41
3499 SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities 2050-.AE44
3500 SAN No. 3066 Listing Determination of Wastes Generated During the Manufacture of Azo, Anthraquinone, and Tn-
arylmethane Dyes and Pigments 2050-AD80
3501 SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Ma-
terials 2050-AE23
-------
26134
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage (Continued)
Sequence
Number
3502
3503
3504
3505
3506
3507
3508
3509
3510
3511
3512
3513
3514
3515
Title
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors-Phase II
Covering Boilers and Certain Industrial Furnaces ... ...
SAN No 3147 Hazardous Waste Manifest Regulation
SAN No 4084 Office of Solid Waste Burden Reduction Proiect
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 4230 Revisions to Solid Waste Landfill Criteria — Leachate Recirculation on Alternative Liners
SAN No. 4411 Proposed Rule. Regulation of Oil Bearing Wastes From Petroleum Refineries Gasified To Produce
Synthesis Gas
SAN No 4418 NESHAPS Standards for Hazardous Air Pollutants for Hazardous Waste Combustors
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by Commercial Electric
Power Producers
SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures .
SAN No 4525 Amendment to the Definition of Municipal Solid Waste Landfill Unit
SAN No. 4439 Project XL — Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-Level Mixed Wastes
Without RCRA Permit
SAN No. 4534 Project XL Site-Specific Rulemakmg for Anne Arundel County Millersville Landfill, Severn, Maryland
Regulation
Identification
Number
2050-AE01
2050-AE21
2050-AE50
2050-AE51
2050-AE52
2050-AE53
2050-AE67
2050-AE78
2050-AE79
2050-AE81
2050-AE84
2050-AE86
2090-AA14
2090-AA25
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
3516
3517
3518
3519
3520
3521
3522
3523
3524
3525
3526
Sequence
Number
3527
3528
3529
3530
3531
3532
3533
Title
SAN No. 3805 Paint Manufacturing Wastes Listing: Hazardous Waste Management System: Identification and
Listing of Hazardous Waste
SAN No 3856 Management of Cement Kiln Dust (CKD) . .. .
SAN No 4017 Storage, Treatment, Transportation, and Disposal of Mixed Waste . .
SAN No 4088 Recycled Used Oil Containing PCBs
SAN No. 4083 Listing of Hazardous Waste; Inorganic Chemical Wastes; Land Disposal Restrictions for Newly List-
ed Wastes' CERCLA Hazardous Substances Reportable Quantities
SAN No 2647 RCRA Subtitle C Financial Test Criteria (Revision)
SAN No 3328 Hazardous Waste Identification Rule (HWIR). Identification and Listing of Hazardous Wastes ..
SAN No 4419 Amendments to the Corrective Action Management Unit Rule .
SAN No. 4437 Project XL Site-Specific Rulemakmg for the U.S. Filter Recovery Services, Roseville, Minnesota,
and Approved Generators and Transporters of USFRS XL Waste
SAN No 4498 Project XL Site-Specific Ru'emaking for Yolo County Landfill, Davis Yolo County California
SAN No 4516 Project XL Notice of Proposed Rule for Autoliv Inc Site-Specific Rulemakmg ...
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Long-Term Actions
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 Identification1 Recycled Used Oil Management Standards
SAN No. 3888 Mercury-Containing and Rechargeable Battery Management Act; Codification of Waste Manage-
ment Provisions
SAN No 4090 RCRA Appendix VIII Streamlining
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 2390 Corrective Action for Solid Waste Management Units (SWMUs) at Hazardous Waste Management
Facilities ....
SAN No. 4094 Land Disposal Restrictions, Potential Revisions for Mercurv Listed and Characteristic Wastes
Regulation
Identification
Number
2050-AE32
2050-AE34
2050-AE45
2050-AE47
2050-AE49
2050-AC71
2050-AE07
2050-AE77
2090-AA1 5
2090-AA18
2090-AA19
Regulation
Identification
Number
2050-AE15
2050-AE28
2050-AE39
2050-AE55
2050-AD69
2050-AB80
2050- A E54
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26135
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions (Continued)
Sequence
Number
3534
3535
3536
3537
3538
Title
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. 4208 Requirements for Zinc Fertilizer Made From Recycled Hazardous Secondary Materials
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
Regulation
Identification
Number
2050-AE65
2050-AE68
2050-AE69
2050-AE82
2050-AE83
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
3539
3540
3541
3542
Sequence
Number
3543
Title
SAN No. 3151 Listing Determination for Wastewater and Wastewater Treatment Sludges from Chlorinated
Aliphatics Productions; Land Disposal Restrictions for Newly Identified Waste
SAN No. 4360 Deferral of Phase IV Standards for PCBs as a Constituent Subject to Treatment 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
SAN No. 4497 Project XL Site-Specific Rulemaking for Buncombe County Landfill Alexander North Carolina
OIL POLLUTION ACT (OPA)— Final Rule Stage
Title
SAN No 2634 Oil Pollution Prevention Regulation' Revisions
Regulation
Identification
Number
2050-AD85
2050-AE76
2090-AA1 1
2090-AA22
Regulation
Identification
Number
2050-AC62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
3544
3545
3546
Title
SAN No. 3423 Reportable Quantity Adjustments for Carbamates
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites' Proposed and Final Rules
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State Contracts for
Superfund Response Actions .....
Regulation
Identification
Number
2050-AE12
2050-AD75
2050-AE62
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
3547
3548
3549
Title
SAN No 2394 Reporting Exemptions for Federally Permitted Releases of Hazardous Substances
SAN No. 3885 Streamlining the Preauthorization Mixed Funding for Application and Implementation of Claims
Against Superfund ....
SAN No 4201 Criteria for the Designation of Hazardous Substances under CERCLA Section 102(a)
Regulation
Identification
Number
2050-AB82
2050-AE38
2050-AE63
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Completed Actions
Sequence
Number
3550
Title
SAN No. 3806 Grants for Technical Assistance Rule Reform — 40 CFR Part 35 Subpart M
Regulation
Identification
Number
2050-AE33
-------
26136
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Sequence
Number
3551
3552
3553
3554
3555
3556
3557
3558
3559
3560
3561
3562
3563
3564
3565
3566
Title
SAN No 4280 Effluent Guidelines and Standards for the Construction and Development Industry
SAN No 4407 Effluent Guidelines and Standards for the Meat Products Point Source Category (Revisions)
SAN No. 4264 Water Quality Standards for Alabama — Phase II
SAN No 4344 Water Quality Standards for Indian Country Waters . ..
SAN No. 4047 Test Procedures for the Analysis of Cryptosporidium and Giardia Under the Safe Drinking Water
and Clean Water Acts . ..
SAN No. 4214 Test Procedures for the Analysis of E. Coli and Enterococci Under the Clean Water Act
SAN No. 4474 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act Phase 2
SAN No 3786 NPDES Streamlining Rule — Round III
SAN No. 3999 NPDES Requirements for Municipal Sanitary Sewer Collection Systems, Municipal Satellite Collec-
tion Systems, and Sanitary Sewer Overflows
SAN No. 4332 Recognition Awards Under the Clean Water Act
SAN No. 4446 Ocean Discharges Criteria Revisions
SAN No. 2804 Clean Water Act Definition of Waters of the United States
SAN No. 4493 Clean Water State Revolving Fund Regulation Revisions Re' Use as Matching Funds
SAN No. 4541 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Revisions to Method
1631)
SAN No. 4514 Proposal to Revise and to Ratify or Withdraw Whole Effluent Toxicity Test Methods
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J
Product Schedule Listing Requirements
Regulation
Identification
Number
2040-AD42
2040-AD56
2040-AD35
2040-AD46
2040-AD08
2040-AD34
2040-AD62
2040-AC84
2040-AD02
2040- AD44
2040-AD60
2040-AB74
2040-AD68
2040-AD72
2040-AD73
2050-AE87
CLEAN WATER ACT (CWA)—Final Rule Stage
Sequence
Number
3567
3568
3569
3570
3571
3572
3573
3574
3575
3576
Sequence
Number
3577
3578
3579
3580
3581
3582
Title
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
SAN No. 4168 Effluent Guidelines and Standards for the Coal Mining Point Source Category (Revisions)
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. 3444 Minimizing Adverse Environmental Impact From Cooling Water Intake Structures at New Facilities
Under Section 316(b) of the Clean Water Act Phase 1
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 3488 Round 2 Standards for the Use or Disposal of Sewage Sludge
SAN No. 4515 Procedures for Tribes to Obtain Approval for Treatment as a State To Receive Funding for the
Beaches Program
SAN No 4476 Pretreatment Program Reinvention Pilot Projects Under Project XL . .
CLEAN WATER ACT (CWA)— Long-Term Actions
Title
SAN No. 2806 Effluent Guidelines and Standards for the Metal Products and Machinery Category, Phases 1 and 2
SAN No. 3833 Effluent Guidelines and Standards for the Iron and Steel Manufacturing Point Source Category (Re-
visions)
SAN No 4050 Effluent Guidelines and Standards for the Pulp Paper and Paperboard Category Phase II
SAN No. 4153 Effluent Guidelines and Standards for Feedlots Point Source Category, and NPDES Regulation for
Concentrated Animal Feeding Operations .
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)
SAN No. 4406 Effluent Guidelines and Standards for the Aauatic Animal Production Industrv
Regulation
Identification
Number
2040-AD23
2040-AD24
2040-AC95
2040-AD59
2040-AC34
2040-AC58
2040- AC 14
2040-AC25
2040-AD69
2090-AA1 6
Regulation
Identification
Number
2040-AB79
2040-AC90
2040-AD10
2040-AD19
2040-AD49
2040-AD55
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26137
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions (Continued)
Sequence
Number
3583
3584
3585
3586
3587
3588
3589
3590
3591
3592
3593
3594
3595
3596
Title
SAN No. 4408 Effluent Guidelines and Standards for the Industrial Container and Drum Cleaning Point Source
Category
SAN No 3662 Water Quality Standards Regulation — Revision
SAN No 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water Act
SAN No. 3714 Increased Method Flexibility for Test Procedures Approved for Clean Water Act Compliance Mon-
itoring
SAN No. 3713 Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean Water Act
Test Procedures
SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated
Biphenyls (PCBs) Under the Clean Water Act
SAN No. 4089 Test Procedures for the Analysis of Miscellaneous Metals, Anions, and Volatile Organics Under the
Clean Water Act Phase Two
SAN No 4377 Test Procedures for the Analysis of Mercury Under the Clean Water Act (Method 245.7)
SAN No. 4378 Revisions to Method Detection and Quantification for Use Under the Clean Water Act and Safe
Drinking Water Act
SAN No 4357 Uniform National Discharge Standards for Vessels of the Armed Forces - Phase II
SAN No. 4543 Minimizing Adverse Environmental Impact from Cooling Water Intake Structures at Existing Facili-
ties Under Section 316(b) of the Clean Water Act Phase 3
SAN No. 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. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of Pollutants Under the
Clean Water Act and Safe Drinking Water Act
Regulation
Identification
Number
2040-AD57
2040-AC56
2040-AC75
2040-AC92
2040-AC93
2040-AD09
2040-AD12
2040-AD52
2040-AD53
2040-AD39
2040-AD70
2040-AC26
2040-AD51
2040-AD71
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
3597
3598
3599
3600
3601
3602
3603
3604
3605
3606
Title
SAN No 2805 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry
SAN No 3767 Reformatting of Effluent Guidelines and Standards in 40 CFR Parts 401 Through 471
SAN No. 4086 Effluent Guidelines and Standards for Synthetic-Based Drilling Fluids in the Oil and Gas Extraction
Point Source Category (Revisions)
SAN No. 4364 Effluent Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Cat-
eaorv
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 4261 Further Revisions to Clean Water Act Definition of Discharge of Dredged Material
SAN No 4207 Round I Sewage Sludge Use or Disposal Rule — Phase Two Amendments
SAN No. 4440 Site-Specific Rule Under XL To Grant Waiver From BMP Regulations Under CWA Cluster Rules ...
Regulation
Identification
Number
2040-AB78
2040-AC79
2040-AD14
2040-AD45
2040-AD25
2040-AD32
2040-AD66
2040-AD41
2040-AC53
2090-AA12
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence
Number
3607
3608
3609
3610
Title
SAN No. 4212 Use of Screening Methods for Compliance Monitoring of Drinking Water Contaminants
SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb
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-AC1 3
2040-AD61
2040-AD67
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26138
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
3611
3612
3613
3614
3615
Title
SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment
Rule
SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfectants/Disinfection Byproducts Rule ...
SAN No 4369 Regulated Drinking Water Contaminant Occurrence Reporting
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl
Technical Corrections to the NSDWR
SAN No. 4451 Underground Injection Control Class V Phase 2 Revisions
Tertiary Butyl Ether (MTBE) and
Regulation
Identification
Number
2040-AD37
2040-AD38
2040-AD48
2040-AD54
2040-AD63
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
3616
3617
3618
3619
3620
3621
3622
Title
SAN No. 2281 National Primary Drinking Water Regulations: Radon
SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule
SAN No. 2807 National Primary Drinking Water Regulations: Arsenic and Clarifications to Compliance and New
Source Contaminant Monitoring
SAN No. 3176 National Primary Drinking Water Regulations: Sulfate
SAN No. 4147 National Primary Drinking Water Regulations: Long Term 1 Enhanced Surface Water Treatment
Rule .
SAN No 4146 National Primary Drinking Water Regulations' Filter Backwash Recycling Rule
SAN No 4236 Update of State Underground Injection Control Programs
Regulation
Identification
Number
2040-AA94
2040-AA97
2040-AB75
2040-AC07
2040-AD18
2040-AD65
2040-AD40
SAFE DRINKING WATER ACT (SDWA)—Completed Actions
Sequence
Number
3623
3624
3625
3626
3627
Title
SAN No 4373 Unregulated Contaminant Monitoring Rule - List 2 ....
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. 4281 Revision to the Interim Enhanced Surface Water Treatment Rule (IESWTR) and the Stage 1 Dis-
infectants and Disinfection Byproducts Rule (DBPR) and Primacy Requirements ..
SAN No 4152 Drinking Water State Revolving Fund Regulations
Regulation
Identification
Number
2040-AD58
2040-AC41
2040-AC98
2040-AD43
2040-AD20
SHORE PROTECTION ACT (SPA)—Final Rule Stage
Sequence
Number
3628
Title
SAN No 2820 Shore Protection Act Section 4103(b) Regulations
Regulation
Identification
Number
2040-AB85
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Prerule Stage
3205. • NEW JERSEY GOLD TRACK
PROJECT XL RULE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Gold Track Program is
a crucial part of NJDEP's efforts to
create a State-run tiered performance-
based program. Currently, facilities may
join NJDEP's Silver Track Program,
which is a lower-level tier that provides
recognition for commitments to a
certain level of environmental
enhancement. Gold Track expands
upon these environmental
commitments, and offers proportionally
greater recognition, as well as actual
federal regulatory flexibility to
participating facilities. NJDEP is
partnering with EPA in the Gold Track
effort under the XL program, so as to
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EPA—General
Prerule Stage
be able to offer federal regulatory
flexibility to Gold Track participants.
Timetable:
Action
Date
FR Cite
ANPRM
06/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 4533
Agency Contact: 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
Aleksandra Dobkowski-Joy,
Environmental Protection Agency,
Regional Office New York, Region Z
Phone: 212 637-3676
Email: dobkowski.aleksandra@epa.gov
RIN: 2002-AAOO
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Proposed Rule Stage
3206. UTILIZATION OF SMALL,
MINORITY AND WOMEN'S BUSINESS
ENTERPRISES IN PROCUREMENT
UNDER ASSISTANCE AGREEMENTS
Priority: Other Significant
Legal Authority: PL 101-507; PL 102-
389; PL 101-549 sec 1001; 42 USC
9605(f); PL 100-590; EO 12432; EO
12138; EO 11625
CFR Citation: 40 CFR 33
Legal Deadline: None
Abstract: The regulation will codify
revisions to the Agency's program for
the utilization of Small, Minority and
Women's Business Enterprises in
procurements under assistance
agreements (i.e., grants and cooperative
agreements awarded by EPA as well as
grants and cooperative agreements
awarded by other agencies under
interagency agreements with EPA). The
revisions are necessary to ensure
consistency with the Supreme Court's
decision in Adarand Constructors, Inc.
v. Pena, 115 S.Ct. 2097 (1995), and
were identified as part of the Clinton
Administration's review of affirmative
action programs. They include: (1)
placing greater emphasis on requiring
assistance agreement recipients to
submit documentation supporting
proposed fair share procurement
objectives for Minority Business
Enterprises (MBEs) and Women's
Business Enterprises (WBEs) based on
the availability of qualified MBEs and
WBEs in the relevant geographic
market; (2) authorizing or requiring
recipients and their prime contractors
to take reasonable race/gender-
conscious measures (e.g., bidding
credits) in the event that race/gender-
neutral efforts prove inadequate to meet
fair share objectives; and (3)
administering statutory MBE/WBE
objectives as a national goal, allowing
smaller or larger fair share objectives
for particular grants or cooperative
agreements based on the availability
standard.
Timetable:
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
Final Action
09/00/01
02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4056
Agency Contact: Mark Gordon,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1230, Washington, DC
20460
Phone: 202 260-8886
Fax: 202 401-1080
David Sutton, Environmental Protection
Agency, Office of Enforcement and
Compliance Assurance, 1230A,
Washington, DC 20460
Phone: 202 564-4444
Fax: 202 501-0756
RIN: 2020-AA39
3207. 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.
NPRM
Final Action
05/00/01
08/00/01
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: 202 565-2552
Email: wyborski.larry@epamail.epa.gov
RIN: 2030-AA64
3208. 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
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EPA—General
Proposed Rule Stage
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
06/00/01
09/00/01
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; 5417 Scientific
Research and Development Services;
562 Waste Management and
Remediation Services; 5413
Architectural, Engineering and Related
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
Gal McWhirter, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4379
Fax: 202 565-2552
Email: mcwhirter.cal@epa.gov
RIN: 2030-AA67
3209. 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 05/00/01
Final Action 08/00/01
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
3210. IMPLEMENTATION OF
CHANGES TO GOVERNMENTWIDE
DEBARMENT AND SUSPENSION
COMMON RULE
Priority: Substantive, Nonsignificant
Legal Authority: EO 12549; EO 12689
and FASA
CFR Citation: 40 CFR 32
Legal Deadline: None
Abstract: Periodically OMB amends the
Government-wide Common Rule for
suspension and debarment of
contractors and assistance participants
who threaten the integrity of Federal
programs because of criminal
misconduct or poor performance. All
agencies must issue changes to their
individual codified versions to conform
to the Common Rule. Recently, the
Interagency Suspension and Debarment
Coordinating Committee prepared
recommendations for comprehensive
changes to the Common Rule to
conform to changes made in the
Federal Acquisition Regulation (FAR)
as a result of the Federal Acquisition
Streamlining Act (FASA). In addition,
several other proposals to improve or
change the rule were recommended by
various agencies. In December 1996,
OMB declined to implement the
changes at that time due to differences
with some agencies about some changes
unrelated to those occasioned by FASA.
Among other things, FASA replaced the
small purchase threshold ($25,000)
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
NPRM
Final Action
Date
08/00/01
12/00/01
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3817
This is an assistance-related statutory
requirement. There is no paperwork
burden associated with this action.
Agency Contact: Robert Meunier,
Environmental Protection Agency,
Administration and Resources
Management, 3901R, Washington, DC
20460
Phone: 202 564-5399
Fax: 202 565-2469
RIN: 2030-AA48
3211. 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, The Interim Final
Rule, effective 7/14/98, through the
year 2000-2001 austral summer.
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26141
EPA—General
Proposed Rule Stage
Abstract: The purpose of this action is
to develop regulations for: (1) the
environmental impact assessment of
nongovernmental activities, including
tourism, for which the United States is
required to give advance notice under
paragraph 5 of Article VII of the
Antarctic Treaty and (2) coordination
of the review of information regarding
environmental impact assessment
received by the United States from
other parties under the Protocol on
Environmental Protection. The Office of
Federal Activities (OECA/OFA) will use
the decisionmaking process of the
National Environmental Policy Act
(NEPA) to analyze the environmental
setting; the types of nongovernmental
activities, including tourism, to be
addressed by the regulations; their
potential for impact; and the
alternatives available under rulemaking
for environmental impact assessments
for nongovernmental activities. An
interim final rule, 40 CFR part 8,
promulgated April 30, 1997, and on
July 15, 1998 extended through the
2000-2001 austral summer, will be
replaced by a final rule. The interim
final rule was effective immediately so
that the U.S. could ratify the Protocol
and implement its obligations under
the Protocol as soon as it entered into
force. These rules are being developed
in coordination with other Federal
agencies with specific interests in and
expertise with Antarctica including the
Department of State, National Science
Foundation, National Oceanic and
Atmospheric Administration, U.S.
Coast Guard, Marine Mammal
Commission, Department of Justice, and
the Council on Environmental Quality.
Timetable:
Action
Date
FR Cite
Interim Final Rule 04/30/97 62 FR 23538
Extend Effectve Date 04/15/98 63 FR 18352
Interim Rule
NPRM 04/00/01
Final Action 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3933
Interim Final Rule-
http://www.epa.gov/fedrgstr/EPA-
IMP ACT/199 7 / April/Day -
30/ill075.htm
Extend Effectve Date-
http://www.epa.gov/fedrgstr/EPA-
IMPACT/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: 202 564-0070
Email: montgomery.joseph@epa.gov
Katherine Biggs, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7144
Fax: 202 564-0072
Email: biggs.katherine@epa.gov
RIN: 2020-AA34
3212. PROPOSED REVISION TO EPA'S
IMPLEMENTING NEPA REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4321
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The proposed revision is
necessary to clarify and update EPA's
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 nesded to incorporate a number
of Executive orders and other cross-
cutting requirements into the NEPA
process.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/01
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4292
Agency Contact: Joseph Montgomery,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7157
Fax: 202 564-0070
Email: montgomery.joseph@epa.gov
Marguerite Duffy, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 2252A, Washington, DC
20460
Phone: 202 564-7148
RIN: 2020-AA42
3213. 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—General
Proposed Rule Stage
Action
Date FR Cite
To Be Determined
To Be Determined
Final/CBI Substant. 04/00/01
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: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240
Formerly listed as RIN 2020-AA21.
Agency Contact: Alan Margolis,
Environmental Protection Agency,
Office of Environmental Information,
2822, Washington, DC 20460
Phone: 202 260-9329
Fax: 202 401-4544
Email: margolis.alan@epa.gov
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
RIN: 2025-AA02
3214. CROSS-MEDIA ELECTRONIC
REPORTING (ER) AND
RECORDKEEPING RULE
Priority: Other Significant
Legal Authority: PL 104-13; PL 105-277
CFR Citation: 40 CFR 3 (New); 40 CFR
9 (Revision)
Legal Deadline: None
Abstract: The Cross-Media Electronic
Reporting (ER) and Recordkeeping Rule
will 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Procurement: This is a procurement-
related action for which there is no
statutory requirement. There is a
paperwork burden associated with this
action.
Additional Information: SAN No. 4270
Formerly 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
3215. • PERSISTENT,
BIO ACCUMULATIVE, AND TOXIC
(PBT) POLLUTANTS STRATEGY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has developed
National Action Plans under a national
strategy to overcome the remaining
challenges in addressing priority PBT
pollutants. These pollutants pose risks
because they are toxic, persist in
ecosystems, and accumulate in fish and
up the food chain. The PBT challenges
remaining stem from the pollutants'
ability to travel long distances, to
transfer rather easily among air, water,
and land, and to linger for generations.
EPA is committing, through this
strategy, to create an enduring cross-
office system that will address the
cross-media issues associated with
priority PBT pollutants. This strategy
fortifies existing EPA commitments
related to priority PBTs, such as the
1997 Canada / U.S. Binational Toxics
Strategy (BNS), the North American
Agreement on Environmental
Cooperation, and the recently released
Clean Water Action Plan. EPA is
forging a new approach to reduce risks
from and exposures to priority PBT
pollutants through increased
coordination among EPA national and
regional programs. This approach also
requires the significant involvement of
stakeholders, including international,
state, local, and tribal organizations, the
regulated community, environmental
groups, and private citizens. EPA is
carrying out this strategy through the
implementation of National Action
Plans for Priority PBT Pollutants. EPA
is initially focusing action on 12 BNS
Level 1 substances either individually
or as categories and two major cross-
cutting issues (monitoring and
outreach/risk communication). The
action plans will use the full range of
its tools to prevent and reduce releases
of these substances. These tools include
international, voluntary, regulatory,
programmatic, remedial, compliance
monitoring and assistance,
enforcement, research, and outreach
tools. EPA will integrate and sequence
actions within and across action plans,
and will seek to leverage these actions
on international and industry-sector
bases. Beyond these first 12 substances
EPA will identify additional PBTs for
development of National Action Plans.
Timetable:
Action
Date
FR Cite
Notice Multimedia 11/17/98 63 FR 63926
Strategy for PBTs
Notice Draft Action 09/16/99 64 FR 50284
Plan for Mercury
Notice Proposed 08/25/00 65 FR 51823
Action Plan for
Alkyl-lead
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26143
EPA—General
Proposed Rule Stage
Action
Date FR Cite
08/25/00 65 FR 51825
11/01/00 65 FR 65314
12/08/00 65 FR 77026
05/00/01
08/00/01
Notice Proposed
Action Plan for
Octachlorostyrene
(DCS)
Notice Draft Action
Plan for Level 1
Pesticides
Notice Draft Action
Plan for
Hexachlorobezene
(HCB)
Notice Draft Action
Plan for
Benzo(a)pyrene
(B(a)P)
Notice Final Action
Plan for Mercury
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4463
Agency Contact: Tom Murray,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7409, Washington,
DC 20460
Phone: 202 260-1876
Fax: 202 260-0178
Email: murray.tom-hq@epa.gov
Paul Matthai, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7409,
Washington, DC 20460
Phone: 202 260-3385
Fax: 202 260-0178
Email: matthai.paul@epa.gov
RIN: 2070-AD45
3216. 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
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.
Timetable:
Action
Date FR Cite
NPRM
07/00/01
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. Talcott,
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
3217. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR NASA WHITE
SANDS TEST FACILITY ELECTRONIC
REPORTING IN LAS CRUCES, NEW
MEXICO
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of the NASA
WSTF Electronic Reporting site specific
rule is to enable the NASA White
Sands Test Facility to electronically
submit compliance reports and permit
information to the New Mexico
Environmental Department (NMED) in
lieu of submitting paper reports. The
rule will set forth guidelines to ensure
that the information submitted by
NASA WSTF to NMED is accurate by
outlining procedures for data
authentication, use of electronic
signature and encryption processes.
Timetable:
Action
Date FR Cite
NPRM
05/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4536
Agency Contact: John DuPree,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4468
Fax: 202 260-3125
Email: dupree.john@epa.gov
RIN: 2090-AA27
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Final Rule Stage
3218. EPAAR COVERAGE ON LOCAL
HIRING AND TRAINING
Priority: Other Significant
Legal Authority: 5 USC 301, sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1526; 48 CFR
1552
Legal Deadline: None
Abstract: This rule will amend the EPA
Acquisition Regulation (EPAAR) to
include part 1526, Other
Socioeconomic Programs, and to revise
part 1552, Solicitation Provisions and
Contract Clauses. The purpose is to
provide an incentive for prime
contractors to utilize local hiring and
provide training to local hires in
specific geographical locations where
contractual requirements will be
performed. This incentive will support
economic development in areas where
EPA contracts are performed.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/09/98 63 FR 67845
06/00/01
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. 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
3219. 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
Interim Final Rule
Final Action
10/02/00 65 FR 58921
06/00/01
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. 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
3220. 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
NPRM
Final Action
Date FR Cite
03/16/00 65 FR 14405
06/00/01
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 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
3221. 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
04/12/00 65 FR 19703
NPRM Revised
Freedom of
Information Act
Regulations
Final Action Revised 06/00/01
Freedom of
Information Act
Regulations
Regulatory Flexibility Analysis
Required: No
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26145
EPA—General
Final Rule Stage
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 4180
Formerly listed as RIN 2020-AA40.
Agency Contact: Jeralene Green,
Environmental Protection Agency,
Office of Environmental Information,
2822, Washington, DC 20460
Phone: 202 260-1050
Fax: 202 260-8550
Email: green.jeralene@epa.gov
RIN: 2025-AA04
3222. ELECTRONIC FUNDS
TRANSFER
Priority: Other Significant
Legal Authority: 5 USC 301, sec 205(c);
63 Stat 390 as amended
CFR Citation: 48 CFR 1532.11
Legal Deadline: None
Abstract: This rule complies with the
revised Federal Acquisition Regulations
(FAR) coverage regarding
implementation of the Debt Collection
Improvement Act. Because the revised
FAR offers choices in implementation,
each agency must communicate with its
vendor community its choices. This
rule will let our vendor community
know that EPA will require the use of
FAR Clause 52.232-34, Payment by
Electronic Funds Transfer (Non-CCR),
as prescribed in FAR 32.1105(a)(2).
Within the Clause, under (c) the
payment office shall be inserted as the
prescribed designated office. Further
inserted shall be that the required EFT
information shall be provided no later
than 15 days prior to submission of the
first request for payment.
Timetable:
Action
Date
FR Cite
Final Action
06/00/01
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
3223. WARRANTS FOR ON-SCENE
COORDINATORS
Priority: Substantive, Nonsignificant
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
Regulatory Flexibility Analysis
Required: No
Interim Final Rule 03/01/01 66 FR 12897
Final Action 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
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
3224. ADMINISTRATIVE
CORRECTIONS TO EPAAR 1515,
CONTRACTING BY NEGOTIATION
Priority: Info./Admin./Other
Legal Authority: 5 USC 301
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
07/00/01
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. 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Long-Term Actions
3225. CONSOLIDATION OF GOOD
LABORATORY PRACTICE
STANDARDS (GLPS) REGULATIONS
CURRENTLY UNDER TSCA AND
FIFRA INTO ONE RULE
Priority: Info./Admin./Other
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
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
NPRM
NPRM
Final Action
Date
01/22/99
12/29/99
To Be
FR Cite
64 FR 3456
64 FR 72972
Determined
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
Fax: 202 564-0028
RIN: 2020-AA26
3226. NONDISCRIMINATION ON THE
BASIS OF RACE, COLOR, NATIONAL
ORIGIN, HANDICAP, AND AGE IN
PROGRAMS AND ACTIVITIES
RECEIVING FEDERAL FINANCIAL
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
NPRM
NPRM Comment
Period End
Final Action
Date
12/06/00
01/05/01
To Be
FR Cite
65 FR 76460
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4021
Agency Contact: Ann Goode,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1201, Washington, DC
20460
Phone: 202 564-7272
RIN: 2020-AA36
3227. 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 decision-makers
with the directions and perspectives
necessary to develop and use risk
assessments. The guidelines also
provide the general public with basic
information about the Agency's
approaches to risk assessment.
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26147
EPA—General
Long-Term Actions
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory decision-making. On the
other hand, innovation is necessary so
the Agency will base its decisions on
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
Timetable:
Action
Date
FR Cite
Reproposed 04/23/96 61 FR 17960
Guidelines
Implementation Policy 06/25/96 61 FR 32799
Final Guidelines To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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
3228. • EPA DRAFT AGENCYWIDE
PUBLIC INVOLVEMENT POLICY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency is revising its 1981
Public Participation Policy. The revised
policy is being issued as the Draft 2000
Public Involvement Policy for 120-day
public comment. The Draft Policy was
updated to reflect changes over the past
nineteen years such as additional
Agency responsibilities, new
regulations, expanded public
involvement techniques, and the
changed nature of public access due to
the Internet. The Policy will provide
guidance and direction to EPA officials
on reasonable and effective means to
involve the public in its regulatory and
program decisions.
Timetable:
Action
Date
FR Cite
Draft Policy in FR Draft 12/28/00 65 FR 82335
Public Involvement
Policy
Final Action Final To Be Determined
Public Involvement
Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4530
Agency Contact: Patricia Bonner,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-0599
Fax: 202 260-4903
Email: bonner.patricia@epa.gov
Lisa Kahn, Environmental Protection
Agency, Office of the Administrator,
1807
Phone: 202 260-4545
Fax: 202 260-4903
Email: kahn.lisa@epa.gov
RIN: 2090-AA23
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Completed Actions
3229. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Priority: Other Significant
CFR Citation: 40 CFR 35
Completed:
Reason
Date
FR Cite
Final Action 01/09/01 66 FR 1725
Final Action Effective 02/07/01 66 FR 9602
Date Delayed
Final Action Effective 04/09/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Agency Contact: Scott McMoran
Phone: 202 564-5376
RIN: 2030-AA55
3230. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Priority: Other Significant
CFR Citation: 40 CFR 35
Completed:
Reason
Date
FR Cite
Final Action 01/16/01 66 FR 3781
Final Action Effective 02/09/01 66 FR 9661
Date Delayed
Final Action Effective 04/17/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Tribal,
Federal
Agency Contact: Michelle McClendon
Phone: 202 564-5357
Fax: 202 565-2470
Email: mcclendon.michelle@epa.gov
RIN: 2030-AA56
3231. EPA MENTOR-PROTEGE
PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1544; 48 CFR
1552
Completed:
Reason
Date FR Cite
Interim Final Rule 10/02/00 65 FR 58921
Merged Into RIN 2030- 03/13/01
AA66, SAN 4226
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Frances Smith
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA40
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26148
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—General
Completed Actions
3232. DELETION OF EPA
ACQUISITION REGULATIONS FOR
QUALITY SYSTEMS FOR
ENVIRONMENTAL PROGRAMS
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1546.2
Completed:
Reason
Date
FR Cite
Final Action 12/20/00 65 FR 79781
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Linda Avellar
Phone: 202 564-4356
Fax: 202 565-2475
Email: avellar.linda@epa.gov
RIN: 2030-AA51
3233. • JOINT RULE AMENDING
FEDERAL NONDISCRIMINATION
REGULATIONS: DEFINITION FOR
PROGRAM OR ACTIVITY
Priority: Other Significant
Legal Authority: 20 USC 1682 et seq
CFR Citation: 28 CFR 54 (New)
Legal Deadline: None
Abstract: On June 17, 1980, the
Department of Justice published a
proposed regulation to implement the
requirements of title IX of the
Education Amendments of 1972, as
amended, which prohibits
discrimination on the basis of an
individual's sex in federally assisted
educational programs. That regulation
was never issued in final form. As a
result of subsequent statutory
amendments, it was necessary to revise
the prior proposed title IX regulation
and begin a new rulemaking process.
The Department's regulation was
published as a common rule with other
agencies that need title IX
regulations.
Timetable:
Action
Date
FR Cite
10/29/99 64 FR 58567
12/28/99
NPRM
NPRM Comment
Period End
Final Action 08/30/00 65 FR 52858
Final Action Effective 09/29/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4483
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance
Phone: 202 564-7291
RIN: 2020-AA43
3234. BUSINESS OWNERSHIP
REPRESENTATION
Priority: Info./Admin./Other
CFR Citation: 48 CFR 1504
Completed:
Reason
Date
FR Cite
Final Action 12/05/00 65 FR 75863
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Frances Smith
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA69
3235. CONTRACTOR DIVERSITY
CLAUSE
Priority: Substantive, Nonsignificant
CFR Citation: Not Yet Determined
Completed:
Reason
Date FR Cite
Withdrawn - No
Further Action
04/18/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Frances Smith
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA70
3236. REPORT ON PM2.5 FEDERAL
REFERENCE METHOD FIELD STUDY
Priority: Info./Admin./Other
CFR Citation: None
Completed:
Reason
Date
FR Cite
Report to Congress 01/18/01
Submitted to
Congress
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Elizabeth Hunike
Phone: 919 541-3737
Fax: 919 541-1153
Email: hunike.elizabeth@epa.gov
RIN: 2080-AA09
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
3237. PERFORMANCE WARRANTY
AND INSPECTION/MAINTENANCE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC
7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new
short test procedure for use in I/M
programs required by the Clean Air Act
Amendments of 1990. Vehicles that are
tested and failed using this procedure
and that meet eligibility requirements
established by the act would be eligible
for free warranty repair from the
manufacturers.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
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 buady@epa.gov
RIN: 2060-AE2J
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26149
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3238. INSPECTION/MAINTENANCE
RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511(a)(2)(b);
42 USC 7511(a)(2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies
requirements for enhanced I/M
programs to establish a program to
ensure compliance with recall notices.
This is pursuant to the Clean Air Act
Amendments of 1990.
Timetable:
Action
Date FR Cite
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
3239. OPERATING PERMITS:
REVISIONS (PART 70)
Priority: Other Significant
Legal Authority: 42 USC 7661 et seq
CFR Citation: 40 CFR 51; 40 CFR 52;
40 CFR 70
Legal Deadline: None
Abstract: In response to litigation on
the operating permits rule regulations,
40 CFR part 70, to provide more
effective implementation of part 70,
and to address comments provided in
response to notices of proposed
rulemaking, parts 70, 51 and 52 are
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.
Timetable:
Action
Date
FR Cite
NPRM 08/29/94 59 FR 44460
Supplemental NPRM 04/27/95 60 FR 20804
Part 71
Supplemental NPRM 08/31/95 60 FR 45530
Part 70
Direct Final Interim 07/27/98 63 FR 40054
Approval Extension
NPRM Interim 07/27/98 63 FR 40053
Approval Extension
NPRM 08/00/01
Final Action 08/00/02
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
Email: vogel.ray@epa.gov
RIN: 2060-AF70
3240. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, June
15, 2001.
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings.
This amendment will improve the
precision of Method 24 for water-based
coatings.
Timetable:
Action
Date
FR Cite
NPRM 09/00/01
Final Action 09/00/02
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, Washington, DC
20460
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
3241. SERVICE INFORMATION
AVAILABILITY
Priority: Substantive, Nonsignificant
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
04/00/01
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
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26150
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3242. NESHAP: PLYWOOD AND
COMPOSITE WOOD PRODUCTS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 42 USC 74l2(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
(MDF), oriented strandboard (OSB),
medium density fiberboard,
particleboard, strawboard, hardwood
and softwood plywood, glue-laminated
lumber, laminated veneer lumber, and
engineered wood products. The source
category may also include lumber
drying kilns at sawmills which are
located on the same site as a facility
that manufactures any of the wood
products mentioned above. The project
may also include some coatings
operations. The name of the source
category was formerly Plywood and
Particleboard MACT.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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, RTP, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AG52
3243. 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.
Timetshle:
Action
Date
FR Cite
NPRM 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Federal
Additional Information: SAN No. 3917
Agency Contact: Laura Voss,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4858
Fax: 734 214-4531
Email: voss.laura@epa.gov
RIN: 2060-AH31
3244. STREAMLINED EVAPORATIVE
TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7521(m)
CFR Citation: 40 CFR 86 (Revision)
Legal Deadline: None
Abstract: This action will streamline
the test procedure used to establish
compliance with evaporative emission
requirements for light duty vehicles
and trucks. The current test procedure
requires both two and three day diurnal
emission tests, as well as running-loss
testing. The revisions will delete the
three day requirement and add
flexibilities for running-loss
compliance. This will enable
manufacturers to save significant
resources without any decrease in
environmental benefits.
Timetable:
Action
Date
FR Cite
NPRM
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
3245. 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)
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26151
EPA—Clean Air Act (CAA)
Proposed Rule Stage
for three specific operations associated
with coke ovens, namely pushing,
quenching, and battery stacks.
Timetable:
Action Date FR Cite
NPRM
Final Action
04/00/01
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4022
Sectors Affected: 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills
Agency Contact: Lula Melton,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@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
BIN: 2060-AH55
3246. 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,
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
10/00/01
10/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
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
3247. 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; 40 CFR 82.4(n)-
(s); 40 CFR 82.4(u)
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% of the cap
imposed by the Montreal Protocol in
1992. The HCFC consumption figures
for 1999 indicate that the US is within
95% of the cap; the figures for 2000
were in the low 90s. Since the US is
in danger of violating this cap if high
HCFC consumption rates continue into
2001, the system for allocating
allowances must be in place as soon
as possible in order to control HCFC
consumption for all four quarters of
2002.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
04/04/99 64 FR 16373
05/00/01
12/00/01
Regulatory Flexibility Analysis
Required: No
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-
AIR/1999/
April/Day-05/a8258.htm
Agency Contact: Vera Au,
Environmental Protection Agency, Air
and Radiation, 6205J
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
Sue Stendebach, Environmental
Protection Agency, Air and Radiation,
6205J
Phone: 202 564-9117
Fax: 202 565-2095
Email: stendebach.sue@epa.gov
RIN: 2060-AH67
3248. 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
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26152
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4111
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: 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
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
RIN: 2060-AH72
3249. 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: None
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.
Action
Date FR Cite
NPRM 04/00/01
Final Action 02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
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: 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
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
RIN: 2060-AH75
3250. 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: NPRM, Statutory, May
1, 2001.
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
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4107
Sectors Affected: 332812 Metal
Coating, Engraving (except Jewelry and
Silverware), and Allied Services to
Manufacturers
Agency Contact: 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
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AH78
3251. NESHAP: CLAY MINERALS
PROCESSING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26153
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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; 212324
Kaolin and Ball Clay Mining; 327992
Ground or Treated Mineral and Earth
Manufacturing
Agency Contact: Steve 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
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
RIN: 2060-AH79
3252. NESHAP: URANIUM
HEXAFLUORIDE PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project will develop
national emissions standards for
hazardous air pollutants (NESHAP) by
establishing emissions limitations for
hazardous air pollutants (HAP) which
can be emitted by the two known
sources in this category. The emissions
limitations are to be based upon the
application of the maximum achievable
control technology (MACT). The
purpose of the NESHAP is to reduce
emissions of HAP to protect public
health and the environment. The
project will begin in 2000. Initially,
information on the industry processes
and emissions of HAP will be analyzed
to identify available emissions control
technologies. That work will be
followed by the development, proposal
and promulgation of NESHAP.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4098
Sectors Affected: 331419 Primary
Smelting and Refining of Nonferrous
Metal (except Copper and Aluminum)
Agency Contact: 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
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH83
3253. PERFORMANCE
SPECIFICATION 16 - SPECIFICATIONS
AND TEST PROCEDURES FOR
PREDICTIVE EMISSION MONITORING
SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411 CAA sec
ill
CFR Citation: 40 CFR 60
Legal Deadline: Final, Statutory, April
15, 2001.
Abstract: Performance Specification 16
is being proposed to provide
performance criteria for predictive
emission monitoring systems.
Predictive systems represent a new
technology that uses process
information or parameters to predict
pollutant emissions instead of directly
measuring them. The Agency is
allowing their use in recently-
promulgated rules and they are being
considered by a number of regulated
facilities. The specification lists the
requirements for acceptable systems
that are met by passing tests that
compare the monitoring system with
standardized methods and audit gases
to determine system accuracy and
stability. Performance Specification 16
will primarily apply to facilities whose
emissions can be predicted from
process parameters such as combustion
processes (including gas turbines and
internal combustion engines).
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/01
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: Foston Curtis,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-1063
William H. Lamason, Environmental
Protection Agency, Air and Radiation,
MD-19, Washington, DC 20460
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26154
Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-5374
RIN: 2060-AH84
3254. 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
191 (A)
Legal Deadline: None
Abstract: The purpose of this action is
to make a technical change to the dose
methodology used in subpart A of 40
CFR 191, entitled "Environmental
Radiation Protection Standards for the
Management and Disposal of Spent
Nuclear Fuel, High-Level Waste and
Transuranic Waste The current
methodology is outdated. The dose
methodology used in the rule published
on September 19, 1985, was based on
the target organ approach
recommended by the International
Commission on Radiological Protection
(ICRP) in Report i2. Since that time
science has progressed and a new
methodology based on an effective dose
equivalent approach is currently being
recommended by the ICRP in Report
x26. 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 06/00/01
Final Action 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9198
Fax: 202 565-2065
Email: clark.ray@epa.gov
RIN: 2060-AH90
3255. 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
04/00/01
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
3256. 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. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
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
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Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26155
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
3257. 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
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. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
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
3258. NESHAP: IRON FOUNDRIES
AND STEEL FOUNDRIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000, 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
06/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
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: 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
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-AE43
3259. 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
04/00/01
03/00/02
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
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26156
Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3260. 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 re-enforcements. Some of the
specific products in the source category
are tubs/showers, auto/truck parts,
appliances, furniture, piping,
construction materials, sporting goods
using such materials, and intermediate
compounds such as bulk molding
compound and sheet molding
compounds. The most common HAP in
the resins used is styrene, which is
present in polyester and vinylester
resins as a monomer. Styrene is listed
as a candidate urban area source HAP.
So is methylene chloride, which is
sometimes used for cleaning, and
xylenes, which may appear in some
mold release formulas. All HAP, except
for methylene chloride, are also VOC's.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
05/00/02
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, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE79
3261. 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
05/00/01
05/00/02
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: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
i
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AE82
3262. 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
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
04/00/01
04/00/02
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
3263. 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 to 63.15;
40 CFR 63.50 to 63.56
Legal Deadline: None
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26157
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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), was
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
NPRM Comment
Period End
Final Action
03/23/01 66 FR 16317
05/22/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Additional Information: SAN No. 3551
Agency Contact: 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
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AF31
3264. 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: NPRM, Statutory, May
1, 2001.
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
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State
Additional Information: SAN No. 3825
Agency Contact: 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
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG56
3265. NESHAP: ASPHALT ROOFING
AND PROCESSING
Priority: Other Significant
Legal Authority: 42 USC 7412 CAAA
sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
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 or more 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
06/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3655
Sectors Affected: 324122 Asphalt
Shingle and Coating Materials
Manufacturing
Agency Contact: 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
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG66
3266. 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
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26158
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 under the name
chromium refractories, and the rule is
scheduled for promulgation within ten
years of enactment of the Clean Air Act
Amendments of 1990. Testing
conducted and information obtained to
date indicate 15 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 are being
assessed.
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. 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
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG68
3267. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3837
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
3268. NESHAP: LIME
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq;
44 USC 350 et seq; 5 USC 605
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act Amendments of 1990 requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants (HAPs). The
standards are to be technology-based
and are to require the maximum degree
of emission reduction determined to be
achievable by the Administrator of the
EPA. The EPA has determined that
some lime manufacturing plants may be
major sources for one or more HAPs.
As a consequence, a regulation
(emission standards) is being developed
for the lime manufacturing industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3651
Sectors Affected: 32741 Lime
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AG72
3269. NESHAP: SEMICONDUCTOR
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63 BBBBB
Legal Deadline: Final, Statutory,
November 15, 2000.
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26159
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Abstract: This rule will establish a
MACT (maximum available control
technology) for semiconductor
production facilities. There are
currently 2 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3902
Sectors Affected: 334413
Semiconductor and Related Device
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, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG93
3270. NESHAP: METAL CAN
(SURFACE COATING) INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
emitted by the metal can industry. The
Agency will study what pollutants are
emitted and evaluate the control
techniques, including pollution
prevention, that are used to reduce
these emissions.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3906
Agency Contact: 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
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: b3rrne.dianne@epa.gov
RIN: 2060-AG96
3271. NESHAP: FABRIC PRINTING,
COATING AND DYEING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted from fabric printing,
coating, and dyeing. The Agency will
identify and study the types and
sources of HAP emissions from these
processes, and evaluate pollution
prevention and other control
techniques which can reduce these
emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/01
04/00/02
NPRM
Final Action
05/00/01
05/00/02
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; 3132 Fabric Mills; 3141 Textile
Furnishings Mills; 3399 Other
Miscellaneous Manufacturing
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
Email: byrne.dianne@epa.gov
RIN: 2060-AG98
3272. 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
05/00/01
06/00/02
Regulatory Flexibility Analysis
Required: No
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
Email: byrne.dianne@epa.gov
RIN: 2060-AG99
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26160
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3273. 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
05/00/01
05/00/02
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
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
3274. 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
08/00/01
05/00/02
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
3275. 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
06/00/01
05/00/02
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
3276. NESHAP: ROCKET ENGINE
TEST FIRING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Rocket Engine Test Firing
source category and the Engine Test
Facilities source category are included
on EPA's list of sources of HAP's. The
Rocket Engine Test Firing source
category includes facilities engaged in
test firing of rocket engines using solid
or liquid propellants. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines.
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001 /Unified Agenda
26161
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
Final Action
05/00/01
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: 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
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-AH35
3277. 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. 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.
Action
Date
FR Cite
NPRM
Final Action
05/00/01
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3971
Agency Contact: 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
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH41
3278. 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
05/00/01
05/00/02
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: 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
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG55
3279. 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
06/00/01
05/00/02
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
Email: byrne.dianne@epa.gov
RIN: 2060-AG57
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26162
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3280. NESHAP: WOOD BUILDING
PRODUCTS (SURFACE COATING)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action will result in the
reduction of hazardous air pollutants
(HAP) emitted by the wood building
product surface coating industry. The
Agency will study the various HAP
emitted by the industry and evaluate
pollution prevention and control
techniques which can reduce these
emissions.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/01
03/00/02
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
Sectors Affected: 321911 Wood
Window and Door Manufacturing;
321918 Other Millwork (including
Flooring ); 321999 All Other
Miscellaneous Wood Product
Manufacturing; 321212 Softwood
Veneer and Plywood Manufacturing;
321219 Reconstituted Wood Product
Manufacturing
Agency Contact: 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
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
RIN: 2060-AH02
3281. LOCATION OF SELECTIVE
ENFORCEMENT AUDITS OF FOREIGN
MANUFACTURED VEHICLES AND
ENGINES; AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7525 CAA sec
206(b)
CFR Citation: 40 CFR 86G (Revision);
40 CFR 86K (Revision)
Legal Deadline: None
Abstract: This action would consider
an amendment to the existing
regulations to include ports of entry as
a location for EPA selection of foreign
produced vehicles and engines for SEA
emissions testing at laboratories in the
U.S. While the regulations do not
specify EPA authority to conduct such
port selections, the increased flexibility
provided by port selections warrants
amending the regulations. Presently,
EPA must travel overseas to conduct
SEA audits of foreign manufactured
vehicles and engines, even though most
manufacturers now have access to
laboratory facilities in the U.S. The
benefits include a reduction in Agency
cost since fewer overseas trips would
be necessary. Also, EPA would be able
to conduct more audits of foreign
manufactured vehicles and engines.
Separate from the provisions proposed
in this NPRM for amendments to allow
port selection for SEAs, EPA is also
proposing to make two other
amendments to 40 CFR part 86. The
first would amend current Selective
Enforcement Auditing regulations to
change the minimum annual limit of
Selective Enforcement Audits per
manufacturer to two (2) per year.
Currently, the minimum annual limit
is one audit per manufacturer. Under
the proposed amendments EPA would
be able to perform a second audit on
those manufacturers that might
otherwise be limited to one audit.
The second additional proposed
amendment to part 86 would delete
from subparts A and E references to
the Agency representation in certain
types of administrative hearings. The
two provisions state that the Office of
General Counsel will represent the
Agency in administrative procedures
governing hearings on certification for
light-duty vehicles, light-duty trucks,
heavy-duty engines and motorcycles.
The Agency is proposing to delete these
two provisions in order to be consistent
with other hearing procedures in part
86.
Timetable:
Action
Date FR Cite
NPRM
05/00/01
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
3282. 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26163
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3283. PROTECTION OF
STRATOSPHERIC OZONE:
RECONSIDERATION OF SECTION 608
SALES RESTRICTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 767l(g) CAA
sec 608
CFR Citation: 40 CFR 82 subpart F
Legal Deadline: None
Abstract: The rule will include the
reconsideration of the sales restriction
as it relates to split systems. The
Agency was petitioned to reconsider
the part of the sales restriction that
included the sale of pre-charged split
systems. It restricted such sales to
certified technicians. Since then, EPA
stayed that portion of the sales
restriction in response to the petition.
This rule will include the
determination of the Agency related to
the reconsideration. It addresses
environmental problems of ozone
depletion resulting from emissions of
chlorofluorocarbons,
hydrochlorofluorocarbons, and other
ozone-depleting substances. Through
restricting sales of certain pre-charged
items to persons certified as
technicians, emissions to the
atmosphere are decreased. The impact
on small businesses and governments
would be negligible, since persons can
become certified if the EPA
determination is a full restriction. Most
businesses and governments will have
at least one certified technician on
board. This action has no impact on
small business and State, local, and
tribal governments.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/01
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
Phone: 202 564-2216
Fax: 202 565-2156
Email: au.vera@epa.gov
RIN: 2060-AG20
3284. • FEDERAL IMPLEMENTATION
PLANS FOR INDIAN RESERVATIONS
IN IDAHO, OREGON AND
WASHINGTON
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 49.121 to 49.139;
40 CFR 49.9861 to 49.17810
Legal Deadline: None
Abstract: This Federal Implementation
Plan (FIP) proposes basic air rules to
apply on Indian Reservations in Idaho,
Oregon, and Washington. The rules
provide some basic air quality
protection similar to what the state
implementation plans (SIPs) require for
Idaho, Oregon, and Washington. These
rules are needed to establish a level
playing field and create basic federally
enforceable rules under the Clean Air
Act.
Timetable:
Action
Date
FR Cite
NPRM
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Tribal,
Federal
Additional Information: SAN No. 4487
EPA Region 10 would be responsible
for implementing and enforcing these
proposed rules. Tribes can choose to
assist EPA or take over responsibility
for their reservations, and EPA would
provide funding to tribes through grants
to support their efforts.
Agency Contact: Regina Thompson,
Environmental Protection Agency,
Regional Office Seattle, OAQ-107, 1200
6th Avenue; Seattle, Washington 98101
Phone: 206 553-1498
Fax: 206 553-0110
Email: thompson.regina@epa.gov
Bonnie Thie, Environmental Protection
Agency, Regional Office Seattle, OAQ-
107
Phone: 206 553-1189
Fax: 206 553-0110
Email: thie.bonnie@epa.gov
RIN: 2012-AA01
3285. • ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); THIRD PARTY AUDIT
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412(r); 7601
(a)(l)
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: This action establishes
requirements, incentives, and
procedures for third party audits of
Risk Management Plans (RMPs) under
40 CFR part 68 that would reduce the
need for, and thus the incidence of,
government audits of RMPs submitted
by facilities that volunteer for such an
audit. In this context, a "third party"
is someone not employed by either an
RMP-regulated facility or a government
agency responsible for implementing
the RMP program ("implementing
agency").
In the preamble to the final Risk
Management Program rule, EPA
endorsed the concept of using third
parties to assist in rule compliance and
oversight (61 FR 31705), provided that
any such proposal: not weaken the
compliance responsibilities of facility
owner/operators; offer cost savings and
benefits to the industry, community,
and implementing agencies that
significantly exceed the cost of
implementing the approach; lead to a
net increase in process safety,
particularly for smaller, less technically
sophisticated facilities; and promote
cost-effective agency prioritization of
oversight resources. However, no
specific criteria or requirements were
specified in the RMP rule to regulate
the activities of facilities, implementing
agencies, or third parties with respect
to third party assistance.
A facility's participation in the third
party audit program proposed by this
action would be totally voluntary. For
facilities who choose not to participate
in the program, this action would have
no effect. However if a facility
participates, this regulation would
establish the requirements and
regulatory incentives for their
participation. For participating sources,
the action would offer the potential for
reduced regulatory burden (while
maintaining their compliance
responsibilities), flexible auditing
options, and other benefits, provided
the source meets the applicable
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26164
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
requirements described in the rule.
This action also would specify the
proposed qualification requirements for
persons desiring to act as third party
auditors.
EPA believes that this action would
promote increased safety among
facilities covered by the risk.
Timetable:
Action
Date FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 4511
Sectors Affected: 49312 Refrigerated
Warehousing and Storage Facilities;
22132 Sewage Treatment Facilities;
22131 Water Supply and Irrigation
Systems; 31161 Animal Slaughtering
and Processing; 49311 General
Warehousing and Storage Facilities;
42291 Farm Supplies Wholesalers;
42269 Other Chemical and Allied
Products Wholesalers; 49313 Farm
Product Warehousing and Storage
Facilities; 32512 Industrial Gas
Manufacturing; 11511 Support
Activities for Crop Production
Agency Contact: James Belke,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104 A
Phone: 202 564-8023
Fax: 202 564-8444
Email: belke.jim@epa.gov
Breeda Reilly, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A
Phone: 202 564-7983
BIN: 2050-AE85
3286. 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
Final Action
04/00/01
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4115
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring
Agency Contact: 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
3287. CONTROL OF EMISSIONS FROM
NONROAD LARGE SPARK-IGNITION
ENGINES, RECREATIONAL ENGINES
(MARINE AND LAND-BASED), AND
HIGHWAY MOTORCYCLES
Priority: Economically Significant.
Major under 5 USC 801.
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
Proposed Finding 02/08/99 64 FR 6008
ANPRM Final Finding 12/07/00 65 FR 76790
NPRM 09/00/01
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4154
Sectors Affected: 42183 Industrial
Machinery and Equipment Wholesalers;
333924 Industrial Truck, Tractor,
Trailer and Stacker Machinery
Manufacturing; 335312 Motor and
Generator Manufacturing
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,
Ann Arbor, MI 48105
Phone: 734 214-4229
Fax: 734 214-4781
Email: kopinski.don@epa.gov
RIN: 2060-AIll
3288. 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 7671(q)
CFR Citation: 40 CFR 82.1 to 82.13
Legal Deadline: None
Abstract: The Montreal Protocol
exempts quarantine and preshipment
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26165
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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 05/00/01
Final Action 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4253
OLD TITLE: Protection 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
Phone: 202 564-9185
Fax: 202 565-2093
Email: land.tom@epa.gov
RIN:2060-AI42
3289. 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
1, 2002, Under the Clean Air Act, the
next standards review is to be
completed July 2002.
Abstract: On July 18, 1997, the EPA
published a final rule revising the
national ambient air quality standards
(NAAQS) for particulate matter (PM)
(62 FR 38652). While retaining the
PM10 standard levels, new standards
were added for fine particles (PM2.5)
to provide increased protection against
both health and environmental effects
of PM. On the same day, a Presidential
Memorandum (62 FR 38421, July 16,
1997) was published that, among other
things, directed EPA to complete the
next review of the PM NAAQS by July
2002. The EPA's plans and schedule for
the next periodic review of the PM
NAAQS were published on October 23,
1997 (62 FR 55201). As with other
NAAQS reviews, a rigorous assessment
of relevant scientific information will
be presented in a Criteria Document
(CD), and the preparation of this
document is currently under way by
the EPA's National Center for
Environmental Assessment. The EPA's
Office of Air Quality Planning and
Standards will also prepare a Staff
Paper (SP) for the Administrator which
will evaluate the policy implications of
the key studies and scientific
information contained in the CD and
additional technical analyses and
identify critical elements that EPA staff
believe should be considered in
reviewing the standards. The SP and
CD will be reviewed by the Clean Air
Scientific Advisory Committee
(CASAC) and the public; both will
reflect the input received through these
reviews. As the PM NAAQS review is
completed, the Administrator's
proposal to revise or reaffirm the PM
NAAQS will be published with a
request for public comment. Input
received during the public comment
period will be reflected in the
Administrator's final decision which
will be published in July 2002.
Timetable:
Action
NPRM
Final Action
Date
08/00/01
07/00/02
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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
3290. TRANSPORTATION
CONFORMITY AMENDMENTS:
RESPONSE TO MARCH 2, 1999,
COURT DECISION
Priority: Other Significant
Legal Authority: 42 USC 740l-767lq
CFR Citation: 40 CFR 93
Legal Deadline: None
Abstract: The Clean Air Act requires
EPA to promulgate rules that establish
the criteria and procedures for
determining whether highway and
transit plans, programs, and projects
conform to state air quality plans.
"Conformity" means that the
transportation actions will not cause or
worsen violations of air quality
standards or delay timely attainment of
the standards. The original conformity
rule was finalized on November 24,
1993, and most recently amended on
August 15, 1997. On March 2, 1999,
the U.S. Court of Appeals overturned
certain provisions of the 1997
conformity amendments. This
rulemaking will amend the conformity
rule in compliance with the court
decision. The rulemaking will formalize
the May 14, 1999 EPA guidance and
the June 18, 1999 DOT guidance that
was issued to guide action on this issue
until a rulemaking could be issued.
Specifically, the rulemaking will clarify
the types of projects that can be
implemented in the absence of a
conforming transportation plan. It will
also explain EPA's process for
reviewing newly submitted air quality
plans and when those submissions can
be used for conformity purposes.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/01
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4340
Agency Contact: Kathryn Sargeant,
Environmental Protection Agency, Air
and Radiation, NFEVL, Ann Arbor, MI
48105
Phone: 734 214-4441
Fax: 734 214-4052
Email:
sargeant.kathryn@epamail.epa.gov
RIN: 2060-AI56
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26166
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
3291. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS; PROPOSED
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59
Legal Deadline: None
Abstract: Amendments to the
consumer products rule are being
proposed to clarify and correct the rule.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4309
Agency Contact: 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
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AI62
3292. 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
04/00/01
02/00/02
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4310
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
Email: byrne.dianne@epa.gov
RIN: 2060-AI66
3293. NESHAP: BRICK AND
STRUCTURAL CLAY PRODUCTS
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The brick and structural clay
products industry primarily includes
facilities that manufacture brick, clay,
pipe, roof tile, extruded floor and wall
tile, and other extruded dimensional
clay products from clay, shale, or a
combination of the two. The
manufacture of brick and structural
clay products involves mining, raw
material processing (crushing, grinding,
and screening), mixing, forming, cutting
or shaping, drying, and firing.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4325
Split from RIN 2060-AH79.
Sectors Affected: 327121 Brick and
Structural Clay Tile Manufacturing;
327123 Other Structural Clay Product
Manufacturing
Agency Contact: Mary Johnson,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI67
3294. 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
05/00/01
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4343
Split from RIN 2060-AH79
Sectors Affected: 327122 Ceramic Wall
and Floor Tile Manufacturing; 327111
Vitreous China Plumbing Fixture and
China and Earthenware Fittings and
Bathroom Accessories Manufacturing
Agency Contact: 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26167
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI68
3295. PETITIONS TO DELIST
HAZARDOUS AIR POLLUTANTS (E.G.,
MEK, EGBE, METHANOL, AND MIBK)
FROM SECTION 112(B)(1) OF THE
CAA
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section
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.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 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: Chuck French,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5368
RIN: 2060-AI72
3296. NESHAP: ENGINE TEST
FACILITIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: As required by section 112(c)
of the Clean Air Act, the Environmental
Protection Agency has developed a list
of categories of sources of hazardous
air pollutants (HAP's). The HAP's are
listed in section 112(b) of the Clean Air
Act. The Engine Test Facilities source
category are included on EPA's list of
sources of HAP's. The Engine Test
Facilities source category includes any
facility engaged in the testing of
stationary or mobile engines, including
turbines and reciprocating engines and
rocket engines. Aircraft engine testing
consists of facilities which perform
testing on uninstalled aircraft engines.
Non-aerospace engine test facilities
consists of facilities which perform
testing on uninstalled engines such as
automotive engines, stationary turbines,
1C engines, and diesel engines.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
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. 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
3297. 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 manufacturing 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
06/00/01
05/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4346
Split from RIN 2060-AH79
Sectors Affected: 327992 Ground or
Treated Mineral and Earth
Manufacturing
Agency Contact: 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
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26168
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/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-AI75
3298. 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: Final, Statutory, June
15, 2001.
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
06/00/01
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4306
Sectors Affected: 21231 Stone Mining
and Quarrying; 221112 Fossil Fuel
Electric Power Generation; 3212
Veneer, Plywood and Engineered Wood
Product Manufacturing; 32411
Petroleum Refineries; 3251 Basic
Chemical Manufacturing; 327
Nonmetallic Mineral Product
Manufacturing; 3311 Iron and Steel
Mills and Ferroalloy Manufacturing;
3313 Alumina and Aluminum
Production and Processing; 3314
Nonferrous Metal (except Aluminum)
Production and Processing; 3315
Foundries
Agency Contact: Ronald E. Myers,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-5407
Fax: 919 541-1039
Email: myers.ron@epa.gov
Tom Logan, Environmental Protection
Agency, Air and Radiation, MD-19,
Washington, DC 20460
Phone: 919 541-2580
Fax: 919 541-1039
Email: logan.tom@epa.gov
RIN:2060-AI96
3299. INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq;
23 USC 101
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which states
would use in the development of their
I/M State Implementation Plans (SIPs).
Those rule requirements effectively
gave States certain authorities over the
Federal government. The Department of
Justice has now ruled that Federal
sovereign immunity was not fully
waived under the CAA for those
requirements and EPA should amend
its rule to remove the requirement that
States include those elements in their
SIPs. EPA is proposing to: (1) Amend
the Federal facilities I/M requirements
by removing that section; (2) correct
existing I/M SIP approval actions
which include these elements; (3)
establish new Federal facilities I/M
program requirements which Federal
facilities in I/M program areas must
meet in order to comply with the Act;
and (4) designate for each State which
section of the Act Federal agencies
must comply with based on how that
State promulgated its I/M regulations.
These changes will have minimal to no
impact on the States as no new
requirements are being created. The
States are under no obligation, legal or
otherwise, to modify existing SIPs
meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
NPRM
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4348
Agency Contact: Buddy Polovick,
Environmental Protection Agency, Air
and Radiation, Washington, DC 20460
Phone: 734 214-4928
Fax: 734 214-4052
Email: polovick.buddy@epa.gov
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26169
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Sara Schneeberg, Environmental
Protection Agency, Air and Radiation
Phone: 202 564-5592
RIN: 2060-AI97
3300. CONTROL OF METHYL
TERTIARY BUTYL ETHER (MTBE)
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is considering taking
action to control the use of Methyl
Tertiary Butyl Ether (MTBE), which is
an organic compound that is primarily
used as a fuel additive in gasoline.
MTBE has been used to meet the
oxygen requirement established by the
Federal Reformulated Gasoline Program
(RFC) established by the 1990
amendments to the Clean Air Act
(CAA). Over 85 percent of reformulated
gasoline contains MTBE. EPA is
concerned that the widespread use of
MTBE may have resulted in the
contamination of groundwater and
drinking water supplies, threatening
their future use. While current
detections levels are generally believed
to be below levels that may cause
public health concerns, low level
MTBE contamination may render water
unpotable due to offensive taste and
odor. In November of 1998, EPA
established a Blue Ribbon Panel to
investigate air quality benefits and
water quality concerns associated with
oxygenates, including MTBE, in
gasoline, and to provide independent
advice and recommendations on ways
to maintain air quality while protecting
water quality. In September, 1999, the
panel recommended that the use of
MTBE be substantially reduced. EPA is
now evaluating the Blue Ribbon Panel's
recommendations, and has conducted a
preliminary review of authorities
available to address risks associated
with MTBE. EPA intends to issue an
Advance Notice of Proposed
Rulemaking to inform the public of this
preliminary inquiry, and to solicit
public comment on possible regulatory
action.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
03/24/00 65 FR 16094
05/00/01
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4393
Agency Contact: Karen Smith,
Environmental Protection Agency, Air
and Radiation, 5402, Washington, DC
20460
Phone: 202 564-9674
Fax: 202 565-2084
Email: smith.karen@epa.gov
Bob Perlis, Environmental Protection
Agency, Air and Radiation, 2333A
Phone: 202 564-5636
Email: perlis.robert@epa.gov
RIN: 2060-AJOO
3301. NESHAP: TACONITE IRON ORE
PROCESSING INDUSTRY
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory, May
1, 2001.
Abstract: The taconite iron ore
processing source category is comprised
of nine facilities operating in the
United States. Seven facilities are
located in Minnesota and two are
located in Michigan. The expected
sources of HAP emissions for this
source category include: fossil fuel
combustion sources, and possibly the
handling and transfer of mined ore
containing naturally occurring
inorganic compounds. Anticipated HAP
emissions released from these sources
primarily include: formaldehyde,
manganese, nickel, arsenic, and
chromium. The quantities of HAP
released are expected to exceed major
source levels.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/01
03/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4380
There are nine taconite processing
facilities in the U.S.; seven are located
in Minnesota and two are located in
Michigan. The MACT standard for this
industry group will be shared between
EPA and the State of Minnesota. State
regulations currently in place include
both air emissions limitations and
prohibition of effluent discharge to
Great Lakes waters, and both air and
water monitoring requirements. Other
existing Federal regulations may be
affected under RCRA and TSCA.
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@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-AJ02
3302. NESHAP: ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES
Priority: Other Significant
Legal Authority: CAA sec 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
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EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
industries from the current standard,
within two years. Alternatively, if the
information collected by EPA shows
there is not a need to develop separate
MACT requirements for these
industries, then these industry sectors
will remain under the coverage of the
existing secondary aluminum
production NESHAP.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
09/14/00 65 FR 55489
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: 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
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ09
3303. NEW SOURCE REVIEW (NSR)
IMPROVEMENT: UTILITY SECTOR
OFFRAMP PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 51; 40 CFR 52.21
Legal Deadline: None
Abstract: The New Source Review
(NSR) Program is the principal means
by which EPA assures that new
pollution sources install reasonably
effective air pollution controls before
they are allowed to begin operation.
EPA is currently involved in a
comprehensive rulemaking ("NSR
Reform", SAN 3259), intended to
streamline the NSR program and reduce
its administrative burden. This new
rulemaking is an outgrowth of that
reform effort, and 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 focusing strictly on new
sources. The New Source Review
Improvement Utility Sector Offramp
Program is a proposed rulemaking that
is an outgrowth of this action and 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 focusing strictly
on new sources. The New Source
Review Improvement Utility Sector
Offramp Program is a proposed
rulemaking that is an outgrowth of this
action and 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 focusing strictly on new
sources. The New Source Review
Improvement Utility Sector Offramp
Program is a proposed rulemaking that
is an outgrowth of this action and 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 focusing strictly
on new sources. The New Source
Review Improvement Utility Sector
Offramp Program is a proposed
rulemaking that is an outgrowth of this
action and 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 focusing strictly on new
sources. The New Source Review
Improvement Utility Sector Offramp
Program is a proposed rulemaking that
is an outgrowth of this action and 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 focusing strictly
on new sources. The New Source
Review Improvement Utility Sector
Offramp Program is a proposed
rulemaking that is an outgrowth of this
action and 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 focusing strictly on new
sources. The New Source Review
Improvement Utility Sector Offramp
Program is a proposed rulemaking that
is an outgrowth of this action and will
provide industries with the flexibility
to focus more on existing pollution
sources, with the goal of schieving as
good or better environmental results
than could be achieved focusing strictly
on new sources.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/01
08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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: kaufinan.kathy@epa.gov
RIN: 2060-AJ14
3304. PROTECTION OF
STRATOSPHERIC OZONE
ALLOCATION OF ESSENTIAL-USE
ALLOWANCES FOR CALENDAR YEAR
2001: 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
chlorofluorocarbons (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
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26171
EPA—Clean Air Act (CAA)
Proposed Rule Stage
solely for the designated essential
purpose.
Timetable:
Action
Date
FR Cite
NPRM 11/02/99 64 FR 59141
Direct Final Rule 2001 03/13/01 66 FR 14759
De Minimis
Exemption
NPRM 2001 De 04/00/01
Minimis Exemption
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4410 Action
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
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ15
3305. 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 74lO(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 rulemaking
covers the portion of the rule associated
with the remanded issues: certain
cogeneration units, internal combustion
engines, the partial State requirements
for Georgia & Missouri and the
exclusion of Wisconsin. In this
rulemaking, EPA will consider the
partial State issue for Alabama &
Michigan as well.
Timetable:
Timetable:
Date FR Cite
NPRM
Final Action
04/00/01
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4433
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@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-AJ16
3306. NESHAP FOR FRICTION
PRODUCTS MANUFACTURING
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
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 brakes and
clutches. The rule is expected to limit
HAP emissions, including toluene,
hexane, and 1,1,1 trichloroethane) from
solvent mixing operations.
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. 4460
Sectors Affected: 3369 Other
Transportation Equipment
Manufacturing; 3363 Motor Vehicle
Parts Manufacturing; 3364 Aerospace
Product and Parts 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
3307. 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 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
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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
06/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4449
Sectors Affected: 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ19
3308. 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 States' 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
multi-year 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 US. Per the August 30, 2000 court
order, emission reduction measures are
required to be in place by May 31,
2004. 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.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
Final Action NOx SIP 10/27/98 63 FR 57355
Call
NPRM NOx FIPs 10/21/98 63FR56393
(SAN 4096)
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 04/00/01
NOx SIP Call Court
Decision (SAN
4433)
Final Action Response 09/00/01
to NOx SIP Call
Court Decision
(SAN 4433)
Final Action NOx FIPs 07/00/01
(SAN 4096)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4466
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@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-AJ20
3309. 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
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26173
EPA—Clean Air Act (CAA)
Proposed Rule Stage
list under Section 112(c), on petition
of any person or on the Administrator's
own motion, whenever the
Administrator determines that no
source in the category emits hazardous
air pollutants (HAPs) in quantities
which may cause a lifetime risk of
cancer greater than 1 in one 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, 1 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. We
believe that petitions to delist source
categories are non-significant actions
because they do not meet any of the
principles outlined in Section A above.
Timetable:
Action
Date
FR Cite
NPRM - Denial May 09/00/01
Instead Be
Published
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4415
Agency Contact: Chuck French,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0467
Email: french.chuck@epa.gov
Dave Guinnup, Environmental
Protection Agency, Air and Radiation,
MD-13, RTP, NC 27711
Phone: 919 541-5368
RIN: 2060-AJ23
3310. 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:
Action
Date
FR Cite
NPRM
Final Action
06/00/01
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, Research
Triangle Park, NC 27711
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
3311. CLARIFICATION TO EXISTING
PART 63 NESHAP DELEGATIONS'
PROVISIONS-WORK PRACTICES
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
the standards with revisions previously
made to other part 63 regulations.
Timetable:
Action
Date
FR Cite
NPRM 04/00/01
Final Action 04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4426
Agency Contact: Karen Blanchard,
Environmental Protection Agency, Air
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Proposed Rule Stage
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5503
Fax: 919 541-5509
Email: blanchard.karen@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
Email: kaufman.kathy@epa.gov
RIN: 2060-AJ26
3312. 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,
December 1, 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. Final emission guidelines for
Commercial and Industrial Solid Waste
Incineration (CISWI) were published on
December 1, 2000 (see 65 FR 75338).
In accordance with section 129, any
State with affected sources must submit
a State plan by December 3, 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
04/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Federal
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
3313. 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.
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 05/00/01
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,
6205J, Washington, DC 20460
Phone: 202 564-9163
Fax: 202 565-2141
Email: sheppard.margaret@epa.gov
RIN: 2060-AJ30
3314. GUIDELINES FOR BEST
AVAILABLE RETROFIT TECHNOLOGY
(BART)
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7414; 42 USC 7421; 42 USC 7470 to
7479; 42 USC 7491; 42 USC 7492; 42
USC 7601; 42 USC 7602
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26175
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 51.308(e)(l); 40
CFR 51 app 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 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4450
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, MD 15, Washington, DC
20460
Phone: 919 541-4718
Fax: 919 541-7690
Email: smith.tim@epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
MD 15
Phone: 919 541-5592
Fax: 919 541-7690
Email: damberg.rich@epa.gov
RIN: 2060-AJ31
3315. 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
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4457
Split from RIN 2060-AE84.
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ34
3316. • REVISIONS TO THE PART 97
FEDERAL NOX BUDGET TRADING
PROGRAM, THE PART 75 EMISSIONS
MONITORING PROVISIONS, THE
PART 72 PERMITS REGULATION
PROVISIONS, AND THE PART 78
APPEAL PROCEDURES
Priority: Other Significant
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: The purpose of these
proposed revisions is to modify existing
procedures for monitoring and
reporting NOx and SO2 emissions for
sources affected by the Acid Rain
Program, the Federal NOx Budget
Trading Program, and the October 27,
1998 NOx SIP call. The proposed
changes will: streamline part 75 by
removing outdated provisions and give
electricity generators added flexibility
with the monitoring and reporting
requirements; tighten the calibration
error limit for some units to be more
in line with industry's current accepted
technical specifications; make technical
corrections and changes necessary to
correct printing, typographical, and
grammatical errors in existing rules;
and correct/clarify cross references
between the subject Parts to ensure
consistency among the rules.
Timetable:
Action
Date
FR Cite
NPRM 05/00/01
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4538
Split from RIN 2060-AJ30.
Sectors Affected: 221111 Hydroelectric
Power Generation
Agency Contact: Gabrielle Stevens,
Environmental Protection Agency, Air
and Radiation, 6204N
Phone: 202 564-2681
Email: stevens.gabrielle@epa.gov
RIN: 2060-AJ43
3317. • NESHAP: AMINO/PHENOLIC
RESINS: AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 63 subpart 000
Legal Deadline: None
Abstract: The Amino and Phenolic
Wood Adhesives Association (APWAA)
has filed a petition for review of the
final rule. APWAA has identified two
areas of concern in their statement of
issue. First of all APWAA claims that
EPA was unjustified in going above the
floor level of control to include
equipment requirements equivalent to
the Consolidated Air Rule (CAR) for
new and existing sources. APWAA
believes EPA should use the floor level
of control for both new and existing
sources. For existing sources there is
no floor, and for new sources the floor
level of control is equivalent to the
requirements included in 40 CFR Part
60 Subpart VV. The second issue
identified by APWAA is the way the
requirements for non-reactor batch
vents were calculated. The current rule
has a 500 Ibs per year applicability
cutoff for non-reactor batch vents at the
facility level. APWAA has stated that
the cutoff should be applicable to
individual vents instead of the entire
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26176
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
facility. This amendment will address
these issues.
Timetable:
Action
Date
FR Cite
NPRM
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4484
Sectors Affected: 325211 Plastics
Material and Resin 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, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ45
3318. • FEDERAL PLAN FOR SMALL
MUNICIPAL WASTE COMBUSTION
UNITS
Priority: Substantive, Nonsignificant
Legal Authority: 1990 Amendments to
the Clean Air Act; sections lll(d) 129
and 301(a)(d)
CFR Citation: 40 CFR 62 (new)
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1990 directed the EPA
to set emission guidelines for existing
municipal waste combustion units
(MWCs) under Sections 111 and 129.
On 12/19/95, the EPA adopted
emission guidelines for MWCs under
the authority of Sections lll(d) and
129 of the Clean Air Act. These
emission guidelines covered all MWC
units located at plants with an
aggregate plant combustion capacity
larger than 35 tons per day of
municipal solid waste. Subsequent
litigation cancelled the emission
guidelines for small MWC units, but
the Court directed EPA to adopt a new
rule for small MWC units. This rule
was adopted on December 6, 2000. This
action is a follow-on activity to this
rulemaking. In this proposed MWC
Federal Plan for small units, EPA
becomes the implementing authority in
those instances where the state or local
Agency fails to submit a plan or a plan
has not yet been approved. This action
makes no changes to 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 the
state.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4520
Agency Contact: Marilyn Winstead
McCall, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-9020
RIN: 2060-AJ55
3320. • PROTECTION OF
STRATOSPHERIC OZONE: PROCESS
FOR EXEMPTING CRITICAL AND
EMERGENCY USES OF METHYL
BROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: PL 764; 42 USC 7671c
CFR Citation: 40 CFR 82
Additional Information: SAN No. 4454 Legal Deadline: None
About half the small municpal waste
combustor owners are local
governments.
Agency Contact: Lalit Banker,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-5420
Fax: 919 541-2664
Email: banker.lalit@epa.gov
RIN: 2060-AJ46
3319. • PETITION BY COLORADO TO
RELAX THE REID VAPOR PRESSURE
STANDARD FOR GASOLINE FOR 2001
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 80.27
Legal Deadline: None
Abstract: Denver/Boulder is in the
process of redesignating to attainment
with the ozone NAAQS; however, this
process is not expected to be completed
by the 2001 summer ozone control
season. They are asking that the
applicable federal RVP gasoline
standard of 7.8 psi (pounds per square
inch) be waived in favor of the 9.0 psi
RVP for gasoline sold in the area during
the 2001 summer ozone control season.
This action will address their request.
Timetable:
Abstract: With this action, EPA will
revise the accelerated phaseout
regulations that govern the production,
import, export, transformation and
destruction of substances that deplete
the ozone layer. The amendments will
incorporate exemptions permitted
under the Montreal Protocol on
Substances that Deplete the Ozone
Layer and recent changes to the Clean
Air Act. Specifically, the amendments
will create a process to exempt
production and consumption of
quantities of methyl bromide for critical
and emergency uses from the 2005
phaseout of methyl bromide. Because
this is an exemption, the rule will
confer a benefit on affected entities.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
04/00/01
NPRM 11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4535
Agency Contact: Amber Moreen,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9295
Fax: 202 565-2095
Email: moreen.amber@.epa.gov
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26177
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Sue Stendebach, Environmental
Protection Agency, Air and Radiation,
6205J
Phone: 202 564-9117
Fax: 202 565-2095
Email: stendebach.sue@epa.gov
RIN: 2060-AJ63
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Final Rule Stage
3321. 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
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Additional Information: SAN No. 3569
NPRM-
http://www.epa.gov/fedrgstr/EPA-;
AIR/1999/September/Day-08
/a23277.htm.; Formerly listed as RIN
2060-AF42,
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/1999/September/Day-
08/a23277.htm
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
3322. NEW SOURCE REVIEW (NSR)
IMPROVEMENT
Priority: Other Significant
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
preconstruction air quality review and
permitting programs that are
implemented by States and the Federal
Government for new and modified
major stationary sources of air
pollution. This rulemaking will
deregulate, that is, exclude from major
NSR program requirements those
activities of sources that, with respect
to air pollution, have little
environmental impact. The rulemaking
will encourage pollution control and
pollution prevention projects at existing
sources. Control technology
requirements will be clarified with
respect to when and how they apply
to sources that are covered. The action
seeks to more clearly define the
appropriate roles and requirements of
sources, permitting authorities and
Federal land managers and EPA in the
protection of air-quality-related values
in Federal Class I areas (i.e., certain
national parks and wilderness areas)
under the NSR regulations. State, local,
and tribal permitting agencies will be
given more flexibility to implement
program requirements in a manner that
meets their specific air quality
management needs. Consequently, the
rulemaking decreases the number of
activities that are subject to NSR
requirements and also expedites the
permitting process for those sources
that are subject to NSR. This action is
designed to reduce the regulatory
burden over all industries without
respect to commercial size or capacity;
therefore, it should have no detrimental
impact on small businesses. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/23/96 61 FR 38249
08/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3259
See also SAN 4390
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
RIN: 2060-AE11
3323. NSPS: SYNTHETIC ORGANIC
CHEMICALS MANUFACTURING
INDUSTRY - WASTEWATER (FINAL) &
AMEND. TO APPENDIX C OF PART 63
& APPENDIX J OF PART 60
Priority: Other Significant
Legal Authority: CAAA
CFR Citation: 40 CFR 60
Legal Deadline: None
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26178
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Abstract: This rule will develop a new
source performance standard to control
air emissions of volatile organic
compounds from wastewater treatment
operations of the synthetic chemical
manufacturing industry.
Timetable:
Action Date FR Cite
NPRM
SuppNPRM-1st
Supp NPRM-2nd
Appendix J to Part
60
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
08/00/01
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, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
3324. 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 III of the Clean Air Act
Amendments of 1990 requires EPA to
develop national emission standards for
hazardous air pollutants (NESHAPs).
EPA promulgated NESHAP rules for
petroleum refineries on August 18,
1995 (RIN 2060-AD94). This action
covers three process vents not covered
under RIN 2060-AD94. These are the
catalyst regeneration vents from fluid
catalytic cracking units (FCCU) and
catalytic reformers and the tail gas
vents from sulfur recovery plants.
Timetable:
Action
Date FR Cite
NPRM 09/11/98 63 FR 48889
Final Action 06/00/01
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
Fax: 919 541-0246
Email: lucas.bob@epa.gov
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AF28
3325. 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 740l(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
12/00/01
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, Washington, DC
20460
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
RIN: 2060-AF83
3326. 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, developed and
operated by the U.S. Department of
Energy.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/27/99 64 FR 46976
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 3568
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9198
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26179
EPA—Clean Air Act (CAA)
Final Rule Stage
Fax: 202 565-2065
Email: clark.ray@epa.gov
RIN: 2060-AG14
3327. 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
06/00/01
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, Washington, DC
20460
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AG88
3328. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/28/00 65 FR 52166
07/00/01
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: 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
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AHll
3329. NESHAP: MUNICIPAL SOLID
WASTE LANDFILLS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This project is to develop
national emission standards for
hazardous air pollutants (HAP) by
establishing maximum achievable
control technology (MACT) for
municipal solid waste landfills.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/07/00 65 FR 66672
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, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH13
3330. 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: Final, Statutory, June
15, 2001.
Abstract: This rulemaking proposes to
add a method, Method 203, for the
measurement of opacity from stationary
sources, to appendix M (Example Test
Methods for State Implementation
Plans) in 40 CFR part 51. This action
provides States with an instrumental
test method which can be used in
determining, on a continuous basis,
compliance with stationary source
opacity emission limitations.
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26180
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/07/92 57 FR 46114
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958
Agency Contact: Solomon Ricks,
Environmental Protection Agency, Air
and Radiation, MD-19, Washington, DC
20460
Phone: 919 541-5242
Fax: 919 541-1039
Email: ricks.solomon@epa.gov
RIN: 2060-AH23
3331. CONSOLIDATED EMISSIONS
REPORTING RULE
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec
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
NPRM 05/23/00 65 FR 33268
Final Action 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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
3332. EXPANDED DEFINITIONS FOR
ALTERNATIVE-FUELED VEHICLES
AND ENGINES MEETING LOW-
EMISSION VEHICLE EXHAUST
EMISSION STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2001; 15 USC
2002; 15 USC 2003; 15 USC 2005; 15
USC 2006; 15 USC 213; 42 USC 7521;
42 USC 7522; 42 USC 7524; 42 USC
7525; 42 USC 7541; 42 USC 7542; 42
USC 7549; 42 USC 7550; 42 USC 7552
CFR Citation: 40 CFR 86; 40 CFR 88
Legal Deadline: None
Abstract: This action will ease the
burden of certification for both Original
Equipment Manufacturers (OEMs) and
after-market conversion entities. This
action will, for vehicles and engines
meeting LEV emission standards,
broaden the definition of the term
dedicated fuel system, broaden the
criteria for engine families, and provide
an exemption from certification fees.
This action is not a deregulatory action.
This action will provide another means
for small business to remain active
entities in supplying alternatively
fueled vehicles to the market place. The
above three changes are intended to
reduce the cost of complying with the
requirements of certification, and small
business will benefit from these
changes. This action will enhance the
ability for the regulated industry to
provide alternatively fueled vehicles to
the consumer in support of the
Executive Order 13031.
Timetable:
Action
Date
FR Cite
NPRM 07/20/98 63 FR 38767
Final Action 04/00/01
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, AAVP, Ann Arbor, MI
48105
Phone: 734 214-4310
Email: tyree.clifford@epa.gov
RIN: 2060-AH52
3333. 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
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 Final rule 12/22/00 65 FR 80755
amendments
Final Action Technical 04/00/01
corrections
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: 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
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26181
EPA—Clean Air Act (CAA)
Final Rule Stage
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AH74
3334. NESHAP: POLYVINYL
CHLORIDE AND COPOLYMERS
PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 1857
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, March
1, 2001.
Abstract: Title III of the Clean Air Act
Amendments of 1990 requires EPA to
develop emission standards for each
major source category of hazardous air
pollutants (HAPs). The standards are to
be technology-based and are to require
the maximum degree of emission
reduction determined to be achievable
by the administrator of the EPA. The
EPA has determined that some plants
may be major sources for one or more
HAPs. As a consequence, a regulation
(emission standards) is being developed
for the polyvinyl chloride industry, to
be promulgated by November 15, 2000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/08/00 65 FR 76958
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4114
Agency Contact: 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
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH82
3335. 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
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
(the "NOx SIP Call") which allowed
States 12 months to develop, adopt,
and submit revisions to their State
Implementation Plans (SIPs) to address
the transport problem. The
Administrator is required to promulgate
a FIP within 2 years of: (1) finding that
a State has failed to make a required
submittal or (2) finding that a submittal
is not complete or (3) disapproving a
SIP submittal. On 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. Thus,
the new SIP submittal date was October
30, 2000. To date, eleven States
(Virginia, West Virginia, Alabama,
Kentucky, North Carolina, South
Carolina, Tennessee, Illinois, Indiana,
Michigan, and Ohio) and the District
of Columbia have not submitted SIPs
that meet all of the aforementioned
criteria, as announced in a "findings"
rule published on December 26, 2000.
EPA is continuing to work with these
States to assist them in adopting State
plans that meet the requirements of the
NOx SIP Call, and is hopeful that States
will submit fully approvable plans.
(Note: The FIPs discussed here will
apply to all elements of the NOx SIP
call that were not remanded to EPA by
the court on March 3, 2000. The
portions of the SIP call that were
remanded to EPA will be covered
under "Phase 2" SIPs, and if necessary,
separate FIP actions will be prepared
for those.)
Timetable:
Action
NPRM
Findings Rule
Final Action
Date
10/21/98
12/26/00
07/00/01
FR Cite
63 FR 56393
65 FR 81 366
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: State,
Local
Additional Information: SAN No. 4096
NPRM-
http ://www. epa.gov/fedrgstr/EPA-
AIR/1998/October/Day-21/a26431.htm
Findings
Sectors Affected: 325998 All Other
Miscellaneous Chemical Product
Manufacturing; 325131 Inorganic Dye
and Pigment Manufacturing; 325188 All
Other Basic Inorganic Chemical
Manufacturing; 325211 Plastics
Material and Resin Manufacturing;
32511 Petrochemical Manufacturing;
325188 All Other Basic Inorganic
Chemical Manufacturing; 32512
Industrial Gas Manufacturing; 325199
All Other Basic Organic Chemical
Manufacturing; 327211 Flat Glass
Manufacturing; 327213 Glass Container
Manufacturing; 327212 Other Pressed
and Blown Glass and Glassware
Manufacturing; 32731 Cement
Manufacturing; 324199 All Other
Petroleum and Coal Products
Manufacturing; 331111 Iron and Steel
Mills; 331221 Cold-Rolled Steel Shape
Manufacturing; 33611 Automobile and
Light Duty Motor Vehicle
Manufacturing; 333618 Other Engine
Equipment Manufacturing; 333415 Air-
Conditioning and Warm Air Heating
Equipment and Commercial and
Industrial Refrigeration Equipment
Manufacturing; 221122 Electric Power
Distribution; 221112 Fossil Fuel
Electric Power Generation; 221121
Electric Bulk Power Transmission and
Control; 48621 Pipeline Transportation
of Natural Gas; 221122 Electric Power
Distribution; 221112 Fossil Fuel
Electric Power Generation; 221121
Electric Bulk Power Transmission and
Control; 22133 Steam and Air-
Conditioning Supply; 322122
Newsprint Mills; 322121 Paper (except
Newsprint) Mills; 32213 Paperboard
Mills; 32211 Pulp Mills
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26182
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: 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
Jan King, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Park, NC 27711
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epamail.epa.gov
RIN: 2060-AH87
3336. NESHAP: WET-FORMED
FIBERGLASS MAT PRODUCTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, April
1, 2001.
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
05/26/00 65 FR 34278
04/00/01
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4082
Agency Contact: 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
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AH89
3337. 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 to 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 06/14/99 64 FR 21772
Final Action 04/00/01
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
Phone: 202 564-9729
Fax: 202 565-2095
Email: newberg.cindy@epa.gov
RIN: 2060-AH99
3338. REVISION TO THE DEFINITION
OF VOLATILE ORGANIC COMPOUND
(VOC) TO EXCLUDE TERTIARY BUTYL
ACETATE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 740l-767lq
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 VOG 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
04/00/01
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26183
EPA—Clean Air Act (CAA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4254
Agency Contact: 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
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
RIN: 2060-AI45
3339. 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 5-minute NAAQS. On January 30,
1998, the court found that EPA did not
adequately explain its decision and
remanded the case so EPA could
explain its rationale more fully. EPA
published a schedule for responding to
the remand in the May 5, 1998 Federal
Register. Since that notice, EPA has
continued to work on the proposed
response to the remand by reviewing
additional SO2 air quality information.
EPA published an informational notice
in the Federal Register on January 9,
2001(66 FR 1665)
Timetable:
Action
Date
FR Cite
11/15/94 59 FR 58958
03/07/95 60 FR 12492
05/22/96 61 FR 25566
01/02/97 62FR210
NPRM NAAQS
Review
NPRM NAAQS
Implementation
(Part 51)
Final Rule NAAQS
Review
NPRM Revised
NAAQS
Implementation
(Part 51)
Notice Schedule for 05/05/98 63 FR 24782
Response to
NAAQS Remand
Notice Informational 01/09/01 66 FR 1665
FR Notice
Notice To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Federalism: Undetermined
Additional Information: SAN No. 1002
Agency Contact: Susan Stone,
Environmental Protection Agency, Air
and Radiation, Research Triangle Pa,
NC 27711
Phone: 919 541-1146
Fax: 919 541-0237
Email: stone.susan@epa.gov
Gary Blais, Environmental Protection
Agency, Air and Radiation, MD-15,
Research Triangle Pa, NC 27711
Phone: 919 541-3223
Email: blais.gary@epa.gov
RIN: 2060-AA61
3340. 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 04/21/00 65 FR 21505
Final Action 09/00/01
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, Research
Triangle Park, NC 27711
Phone: 919 541-0832
RIN: 2060-AF01
3341. 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
04/20/98 63 FR 19582
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26184
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date FR Cite
NPRM
Final Action
06/26/00 65 FR 39326
05/00/01
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
3342. NESHAP: MANUFACTURING OF
NUTRITIONAL YEAST
Priority: Other Significant
Legal Authority: 42 USC 7412 CAA sec
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: Section 112 of the Clean Air
Act requires major sources of hazardous
air pollutants to achieve emission
reduction based on the maximum
achievable control technology (MACT).
This regulatory action will establish
this level of control for both new and
existing sources in the nutritional yeast
manufacturing industry. This industry
is currently comprised of 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
byproduct 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
byproduct.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3550
Sectors Affected: 311999 All Other
Miscellaneous Food Manufacturing
Agency Contact: 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
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AF30
3343. NESHAP: BOAT
MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
1, 2001.
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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/14/00 65 FR 43841
05/00/01
NPRM
Final Action
10/10/98 63 FR 55812
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: 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
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AG27
3344. 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 10/18/00 65 FR 62414
Final Action 08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3749
Agency Contact: Tony Wayne,
Environmental Protection Agency, Air
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26185
EPA—Clean Air Act (CAA)
Final Rule Stage
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG29
3345. 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
12/22/00 65 FR 81133
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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: Lynn Bail,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-2363
Fax: 919 541-5689
Email: dail.lynn@epa.gov
Dianne Byrne, Environmental
Protection Agency, Air and Radiation,
MD-13, Research Triangle Park, NC
27711
Phone: 919 541-5342
Email: byrne.dianne@epa.gov
RIN: 2060-AG54
3346. 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 44616
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
Email: byrne.dianne@epa.gov
RIN: 2060-AG97
3347. NESHAP: LEATHER FINISHING
OPERATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
1, 2001.
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 10/02/00 65 FR 58702
Final Action 05/00/01
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: 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
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH17
3348. 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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
NPRM
Final Action
Date FR Cite
05/26/00 65 FR 34252
04/00/01
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. 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
3349. 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
Action
Date FR Cite
ANPRM Petitions for 11/25/96 61 FR 59849
Jud. Rev-
Dow.UCC.Exxon)
NPRM Petitions for 03/09/99 64 FR 11559
Judicial Review-
Prop. Amend.
NPRM Petition for 06/08/99 64 FR 30453
Recons. - Equip.
Leaks
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 10/26/00 65 FR 64161
Withdrawal -
Polymers and
Resins
Final Rule Amend. 02/23/01 66 FR 11233
Petition for Recons.-
Cooling Towers
Final Rule Amend. 05/00/01
Petition for Jud.
Review-Tech. Corr.
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, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH47
3350. 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26187
EPA—Clean Air Act (CAA)
Final Rule Stage
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:
Timetable:
Action
Date
FR Cite
NPRM 03/24/94 59 FR 13912
Supplemental NPRM 02/12/96 61 FR 5840
Final Action 04/00/01
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
3351. 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 subpart F
Legal Deadline: None
Abstract: This rule will amend the
recordkeeping aspects of the technician
certification program, clarify aspects of
a sales restriction, and adopt an
updated version of ARI standard 740.
The rule will also clarify the distinction
between major and non-major repairs
and amend several definitions
including small appliances. The rule
also addresses the transfers of
unreclaimed refrigerant between
majority-owned and majority-controlled
subsidiaries.
Action
Date FR Cite
NPRM
NPRM
Final Action
02/29/96
11/01/96
04/00/01
61 FR 7858
61 FR 56493
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3556
Additional SANs 3895, 3896. This rule
will address a potential adoption of a
more flexible method for cleaning
refrigerants for refrigerant transferred
between appliances with different
ownership with a potential adoption of
a 3rd party certification program for
labs.
Agency Contact: Julius Banks,
Environmental Protection Agency, Air
and Radiation, 6205J
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
RIN: 2060-AF36
3352. 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
NPRM
Final Action
06/11/98 63 FR 32044
12/00/01
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
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
Phone: 202 564-9870
Fax: 202 565-2095
Email: banks.julius@epa.gov
RIN: 2060-AF37
3353. 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
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.
Regulatory Flexibility Analysis
Required: No
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
Date
01/16/92
05/12/93
03/18/94
08/26/94
09/26/94
01/13/95
06/13/95
07/28/95
10/02/95
02/08/96
05/22/96
05/22/96
FR Cite
57 FR 1984
58 FR 28094
59 FR 13044
59 FR 44240
59 FR 491 08
60 FR 331 8
60 FR 3 1092
60 FR 38729
60 FR 51 383
61FR4736
61 FR 25604
61 FR 25585
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Action
Date
FR Cite Timetable:
Notice 5
Final Rule 3
Notice 6
NPRM4
Notice 7
NPRM5
Notice 8
Notice 9
Interim Final Rule 7
Interim Final Rule 8
ANPRM9
NPRM6
Final Rule 5
Notice 10
Notice 1 1
Notice 12
Final Rule 6
Notice 13
NPRM10
Notice Corrections 14
Notice 15
Final Action Rescind
Rule
Final Action Foams
No. 1
Final Action Foams
No. 2
09/05/96 61 FR 4701 2
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
04/00/01
04/00/01
04/00/01
07/00/01
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3525
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
3354. PAPER AND OTHER WEB
COATING NESHAP
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 59; 40 CFR 63
Legal Deadline: Final, Statutory,
November 15, 2000.
Abstract: This action would result in
the reduction of hazardous air
pollutants (HAPs) emitted by the paper
and other web coating industries. The
Agency will study the various HAP and
VOC pollutants emitted by the industry
and will evaluate pollution prevention
and control techniques which can
reduce these emissions.
Action
Date
FR Cite
NPRM
Final Action
09/13/00 65 FR 55332
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3827
Sectors Affected: 323111 Commercial
Gravure Printing; 323116 Manifold
Business Form Printing; 322223
Plastics, Foil, and Coated Paper Bag
Manufacturing; 322222 Coated and
Laminated Paper Manufacturing;
322221 Coated and Laminated
Packaging Paper and Plastics Film
Manufacturing; 322211 Corrugated and
Solid Fiber Box Manufacturing; 322212
Folding Paperboard Box Manufacturing
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
Email: byrne.dianne@epa.gov
RIN: 2060-AG58
3355. 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
Action
Date
FR Cite
Notice
Final Action
01/26/00 65 FR 4244
12/00/01
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
3356. NESHAP: GENERIC MACT FOR
CARBON BLACK, ETHYLENE,
CYANIDE AND SPANDEX
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, May
1, 2001.
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
12/06/00 65 FR 76408
08/00/01
NPRM
09/08/99 64 FR 48725
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4105
Sectors Affected: 325182 Carbon Black
Manufacturing; 325188 All Other Basic
Inorganic Chemical Manufacturing
Agency Contact: Mark Morris,
Environmental Protection Agency, Air
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and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH68
3357. NESHAP FOR ETHYLENE OXIDE
COMMERCIAL STERILIZATION
OPERATIONS-MONITORING
AMENDMENTS
Priority: Substantive, Nonsignificant
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
NPRM
Final Action
Date FR Cite
03/06/01 66 FR 13464
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4316
Agency Contact: David Markwordt,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epa.gov
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI64
3358. AMEND SUBPART H AND 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
CFR Citation: 40 CFR 61.93(a); 40 CFR
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
Date
FR Cite
NPRM
Final Action
05/09/00 65 FR 29934
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4273
Agency Contact: Robin Anderson,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 564-9385
Fax: 202 565-2065
Email: anderson.robin@epa.gov
RIN: 2060-AI90
3359. 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, Washington, DC
20460
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
3360. 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
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Final Rule Stage
allow gasoline that has ethanol as an
oxygenate to have a slightly higher Reid
Vapor Pressure (RVP), which would
alleviate some cost burdens for
complying with Phase II of the RFC
program. The change would therefore
address the concern of the ethanol
industry that such gasoline would
otherwise be locked out of the market.
Timetable:
Action
Date
FR Cite
NPRM 07/12/00 65 FR 42920
Final Action 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4358
Agency Contact: Barry Garelick,
Environmental Protection Agency, Air
and Radiation, 5402, Washington, DC
20460
Phone: 202 564-9028
Fax: 202 565-2075
Email: garelick.barry@epa.gov
Lori Stewart, Environmental Protection
Agency, Air and Radiation, 6406J,
Washington, DC 20460
Phone: 202 564-9028
Fax: 202 565-2084
Email: shields.mike@epa.gov
RIN: 2060-AI98
3361. REMOVAL OF ALUMINUM DIE
CASTING AND ALUMINUM
FOUNDRIES FROM THE SECONDARY
ALUMINUM NESHAP AND
APPLICABILITY STAY FOR THESE
INDUSTRIES
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Under the final Secondary
Aluminum Production NESHAP, the
EPA 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 available to EPA. However,
affected facilities in these industries
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.
Accordingly, in this action, EPA will
issue a proposed rule to remove the
aluminum die casting and aluminum
foundry industries from the present
secondary aluminum standard and to
stay the applicability of the present
standard to these industries while EPA
reevaluates the MACT requirements
applicable to such facilities. The EPA
will also 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. Alternatively, if the
information collected by the EPA
shows there is not a need to develop
separate MACT requirements for these
industries, then the proposed
applicability stay and removal of these
industry sectors from the existing
secondary aluminum production
NESHAP will not be finalized.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/14/00 65 FR 55491
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4417
Sectors Affected: 331521 Aluminum
Die-Castings; 331524 Aluminum
Foundries
Agency Contact: 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
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ11
3362. NESHAP FOR
PHARMACEUTICALS PRODUCTION:
DIRECT FINAL AMENDMENTS
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 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4458
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, MD-13, RTF, NC 27711
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AJ17
3363. 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, 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.
Abstract: Section 602 of the Clean Air
Act (Act) requires the EPA
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EPA—Clean Air Act (CAA)
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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
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. CBM has also been used as a
feedstock in the manufacture of a other
chemicals; today's action will not affect
this use. Because today's action only
affects the production, and not the use
(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, the
phaseout of CBM will have limited
economic and small business impacts.
Timetable:
Email: chang.lisa@epa.gov
RIN: 2060-AJ27
Action
Date FR Cite
Direct Final Rule
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4428
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
Phone: 202 564-9742
Fax: 202 565-2096
3364. 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
to BB
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 07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4442
Agency Contact: 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
Jim Crowder, Environmental Protection
Agency, Air and Radiation, MD-13,
Research Triangle Park, NC 27711
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ29
3365. 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); 40 CFR 60.750; 40
CFR 60758; 40 CFR 60.752(b)(2)(iii)(B);
40 CFR 60.752{b)(2)(iii)(D)
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. This
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: 04/00/01
Municipal Solid -
Waste Landfills
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4478
N/A
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
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-AJ41
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EPA—Clean Air Act (CAA)
Final Rule Stage
3366. 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 11/00/01
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, Research
Triangle Park, NC 27711
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
3367. • SECTION 126 RULE REVISION
CORRECTING NOX ALLOWANCE
ALLOCATIONS FOR CERTAIN UNITS
IN THE FEDERAL NOX BUDGET
TRADING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC
7403; 42 USC 4726; 42 USC 7601
CFR Citation: 40 CFR 95.42(g)(2); 40
CFR 97.43(cH9)(New); 40 CFR 97.43(a};
40 CFR 97 app A and B
Legal Deadline: NPRM, Judicial,
December 12, 2000, Deadline for
signing of proposed rule under
settlements of litigation.
Final, Judicial, July 15, 2001, Deadline
for signing of final rule under
settlements of litigation.
Abstract: These rule revisions will
correct NOx allowance allocations for
certain units in the Federal NOx Budget
Trading Program under Section 126 of
the Clean Air Act. Most of the
corrections are under settlement
agreements between EPA and owners
of the units. The rule revisions also
propose to authorize the Administrator
to make similar corrections in the
future by order, rather than by rule.
Timetable:
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4492
Agency Contact: Roger Powell,
Environmental Protection Agency, Air
and Radiation, MD-12, Washington, DC
20460
Phone: 919 541-5331
Fax: 919 541-5509
Email: powell.roger@epa.gov
Action
Date FR Cite R|N: 2060-AJ48
NPRM 12/21/00 65 FR 80398
Final Action 07/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4491
Agency Contact: Dwight C. Alpern,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 564-9151
Fax: 202 564-2141
Email: alpern.dwight@epa.gov
Kevin Culligan, Environmental
Protection Agency, Air and Radiation,
6204J
Phone: 202 564-9172
Fax: 202 564-2141
Email: culligan.kevin@epa.gov
RIN: 2060-AJ47
3368. • REVISION TO INTERIM
APPROVAL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR Part 70
Legal Deadline: None
Abstract: This action will remove
provisions in section 70.4(i) which
allow the Agency to extend the
expiration dates of interim approvals of
State or local operating permits
programs. The Agency does not intend
to further extend such approvals. This
action is consistent with title V of the
Clean Air Act.
Timetable:
Action
Date
FR Cite
12/20/00 65 FR 79791
06/00/01
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
3369. • STANDARDS OF
PERFORMANCE FOR NEW SOURCES
AND EMISSION GUIDELINES FOR
EXISTING SOURCES: LARGE
MUNICIPAL WASTE COMBUSTORS
AMENDMENT OF STARTUP,
SHUTDOWN, AND MALFUNCTION
PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7429
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: This direct final action will
amend the provisions limiting startup,
shutdown, and malfunction to 3 hours
per occurrence to provide more time
for shutdown as a result of specific
malfunctions (i.e., waterwall tube
failure, grate failure, and combustion
air fan failure). This is a narrow
technical amendment responding to
new information that came in after the
original rule was promulgated.
Timetable:
Action
Date
FR Cite
Direct Final Rule
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4507
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
RIN: 2060-AJ52
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Final Rule Stage
3370. • PORTLAND CEMENT
MANUFACTURING INDUSTRY
NESHAP: AMENDMENTS TO RULE
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: None
Abstract: The Portland Cement
Manufacturing Industry NESHAP was
promulgated June 14, 1999. The rule
is codified in 40 CFR 63, Subpart LLL.
This rule is being revised to reflect a
pending settlement agreement with the
American Portland Cement Alliance.
The rule changes will be minor, and
mostly will help to clarify
requirements, provide monitoring
alternatives and/or remove minor
monitoring requirements.
Timetable:
Action
Date FR Cite
Direct Final Rule
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4524
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Joseph Wood,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-5446
Fax: 919 541-5600
Email: wood.joe@epa.gov
James Crowder, Environmental
Protection Agency, Air and Radiation,
MD-13
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AJ57
3371. • MODIFICATION OF THE ANTI-
DUMPING BASELINE DATE CUT-OFF
LIMIT FOR DATA USED IN
DEVELOPMENT OF AN INDIVIDUAL
BASELINE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7521(1); 42 USC 7545; 42 USC 7601(a)
CFR Citation: 40 CFR 80.91(b)(l)(i); 40
CFR 80.93(a)
Legal Deadline: None
Abstract: The goal of the anti-dumping
program is to maintain gasoline quality
throughout the country. Without the
program, as refiners produce cleaner,
reformulated gasoline for certain
localities under the Clean Air Act, they
could take the chemicals removed and
"dump" them into supplies of
"ordinary" non-reformulated gasoline
as a cost-saving measure. The anti-
dumping program prohibits this. This
rule amends the existing anti-dumping
program to accommodate certain
refiners with unusual data problems.
Timetable:
Action
Date FR Cite
Final Action
04/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4528
Agency Contact: Christine Brunner,
Environmental Protection Agency, Air
and Radiation, AAATC, Ann Arbor, MI
48105
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344, Washington, DC 20460
Phone: 202 564-5593
Fax: 202 564-5603
Email: simms.patrice@epa.gov
RIN: 2060-AJ59
3372. • CHANGE IN DEFINITION OF
"MAJOR SOURCE" FOR OPERATING
PERMITS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 70.2
Legal Deadline: None
Abstract: This action would remove
the requirement for sources to count
fugitive emissions (such as equipment
leaks) when determining major source
status if they are in categories subject
to standards under section 111 or 112
promulgated after August 7, 1980.
Making this change removes
impediments to full approval of permit
programs in several States and
facilitates compliance with a settlement
agreement with environmental groups.
This action was proposed in 1994 and
reproposed in 1995, after which work
was stopped due to other priorities. It
is now being re-tiered because so much
time has elapsed since proposal.
Timetable:
Action Date FR Cite
NPRM
NPRM
Final Action
08/29/94 59 FR 44460
08/31/95 60 FR 45529
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4529
Agency Contact: Ray Vogel,
Environmental Protection Agency, Air
and Radiation, MD-12, Research
Triangle Park, NC 27711
Phone: 919 541-3153
Email: vogel.ray@epa.gov
RIN: 2060-AJ60
3373. • NESHAP: FERROALLOY
PRODUCTION: FERROMANGANESE
AND SILICOMANGANESE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412 CAA
112; 44 USC 350 et seq (PRA); 5 USC
605
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The Clean Air Act, as
amended November 1990, requires the
EPA to develop emission standards for
each major source category of
hazardous air pollutants. 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
EPA. The EPA has determined that two
plants in the ferroalloy production
industry are major sources for one or
more hazardous air pollutants. As a
consequence, production facilities are
among the HAP-emitting source
categories selected for regulation.
Timetable:
Action
Date
FR Cite
Direct Final Rule 04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4544
Split from RIN 2060-AF29.
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26194
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, MD-13, Research
Triangle Park, NC 27711
Phone: 919 541-1512
Fax: 919 541-5600
Email: chin.conrad@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-AJ64
3374. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR WEYERHAEUSER
COMPANY FLINT RIVER OPERATIONS
Priority: Routine and Frequent
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA is proposing to approve
revisions to the National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) which concern the control
of hazardous air pollutant (HAP)
emissions from the pulp and paper
industry. The proposed revisions would
apply only to the Weyerhaueser
Company's Flint River Operations in
Ogelthorpe, GA. The revisions are
proposed as one of EPA's steps to
implement the Final Project Agreement
for Weyerhaueser Company's XL
Project. The intended effect of
proposing these revisions is to regulate
emissions of HAP's in accordance with
the requirements of the Clean Air Act,
as amended in 1990 and to facilitate
implementation of Project XL at
Weyerhaueser. The implementation
will result in superior environmental
performance and provide Weyerhaueser
with greater operational flexibility. The
rule will provide for reductions in HAP
emissions, measured as methanol.
Timetable:
Action
Date
FR Cite
Final Action 04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4517
Agency Contact: Janet Murray,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-7570
Fax: 202 260-3125
Email: murray.janet@epa.gov
Lynda Crum, Environmental Protection
Agency, Office of the Administrator
Phone: 404 562-9524
Email: crum.lynda@epa.gov
RIN: 2090-AA20
3375. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANDERSEN
CORPORATION'S FACILITY IN
BAYPORT, MINNESOTA
Priority: Substantive, Nonsignificant
Legal Authority: 42 U.S.C. 7401-7671q
CFR Citation: 40 CFR Part 52
Legal Deadline: None
Abstract: The proposed rule would
implement a project under the Project
XL program for the Andersen
Corporation facility located in Bayport,
Minnesota. The terms of the project are
defined in a draft Final Project
Agreement (FPA) which is being made
available for public review and
comment by the Federal Register
notice. The proposed site-specific rule,
applicable only to the Andersen
Bayport facility, would facilitate
implementation of the project. Through
the notice, EPA solicits comment on
the proposed rule, the draft FPA, and
the project generally. The proposed
site-specific rule is intended to provide
regulatory changes under the Clean Air
Act (CAA or the Act) to implement
Andersen's XL project, which will
result in superior environmental
performance and, at the same time,
provide Andersen with greater
operational flexibility. The proposed
site-specific rule would change some of
the CAA requirements which apply to
the Andersen Bayport facility for the
Prevention of Significant Deterioration
(PSD) program, in particular existing
synthetic minor limits that apply to
some VOC sources in the Bayport
facility. Synthetic minor limits are
operational and control limitations
which serve to limit the net emissions
increase associated with proposed new
or modified units or systems to less
than the applicable significance level
and thereby keep them out of PSD
review.
Timetable:
Action
Date FR Cite
Final Action
06/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4278
Agency Contact: Nancy Birnbaum,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-2601
Fax: 202 401-2474
Email: birnbaum.nancy@epa.gov
RIN: 2090-AA21
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Long-Term Actions
3376. 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 D.C. Circuit
issued an opinion concerning the
revised ozone and particulate matter
NAAQS (American Trucking Assoc.,
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26195
EPA—Clean Air Act (CAA)
Long-Term Actions
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 U.S. EPA is also
developing guidelines for determining
Best Available Retrofit Technology
(BART) under the Regional Haze
Regulations through a formal
rulemaking proposal.
Timetable:
Action
Date
FR Cite
ANPRM
Notice Proposed
Policy
NPRM Regional Haze
Notice Review
Schedule for PM2.5
Standard
Final Rule Areas
meeting 1-hour
ozone standard
Final Rule Additional
areas meeting 1 -
hour ozone
standard
Draft Guidance
Implementation
Planning
Final Rule Additional
Areas Meeting 1-
Hour Ozone
NAAQS: 96-98 Data
Final Rule Regional
Haze
Final Action
Reinstatement of 1 -
hr standard
Final Guidance on
Hold Pending Court
Action
12/13/96
12/13/96
07/31/97
10/23/97
61 FR 65764
61 FR 65752
62 FR 41138
62 FR 55201
06/05/98 63 FR 31013
07/22/98 63 FR 39432
11/17/98
06/09/99
07/01/99
07/20/00
63 FR 65593
64 FR 30911
64 FR 35713
65 FR 45182
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
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
3377. REVISED PERMIT REVISION
PROCEDURES FOR THE FEDERAL
OPERATING PERMITS PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 766l(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
08/00/03
08/00/04
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3922
Agency Contact: Scott Voorhees,
Environmental Protection Agency, Air
and Radiation, MD-12, 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
3378. REVIEW OF MINOR NEW
SOURCES AND MODIFICATIONS IN
INDIAN COUNTRY
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 7410
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As required by the Clean Air
Act's New Source Review (NSR)
provisions, the EPA is proposing
Federal regulations governing
preconstruction permitting of minor
and major stationary sources of air
pollution in Indian country. Pursuant
to the Tribal Air Rule, eligible Indian
Tribes may receive EPA authorization
to develop and implement such
programs. The Federal NSR permitting
programs would be effective throughout
Indian country and would be
implemented by EPA if eligible Indian
Tribes do not elect, or do not receive
authorization, to manage such
programs. The proposed Federal minor
NSR rule would require sources in
Indian country, with certain exceptions,
to obtain a permit prior to construction
if they are: (1) new minor sources, (2)
existing minor sources undergoing
modification, or (3) existing major
sources undergoing minor modification.
The proposed rule also would allow
new or existing stationary sources to
accept enforceable limits on their
production capacity or hours of
operation in order to be considered
minor sources and avoid being subject
to other Clean Air Act requirements
such as the title V operating permit
program. The proposed Federal major
NSR rule would require sources in
nonattainment areas in Indian country
to obtain a permit prior to construction
if they are: (1) new major sources, or
(2) existing major sources undergoing
major modification. These rules would
not impose any mandates on Tribal
governments to implement NSR
permitting programs. Tribal
governments may be affected, however,
insofar as they own or operate sources
that must obtain a permit from the EPA
under the final Federal permitting
program regulations.
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EPA—Clean Air Act (CAA)
Long-Term Actions
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/02
07/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Tribal,
Federal
Additional Information: SAN No. 3975
Agency Contact: 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
Sara Terry, Environmental Protection
Agency, Air and Radiation, MD-11,
Research Triangle Park, NC 27711
Phone: 919 541-7576
Fax: 919 541-7925
Email: terry.sara@epa.gov
RIN: 2060-AH37
3379. 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
07/00/02
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
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
3380. GENERAL CONFORMITY
REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401-7671
CFR Citation: 40 CFR 51.850 to 51.860;
40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: Section 176(c) of the Clean
Air Act prohibits Federal entities from
taking actions which do not conform
to the State implementation plan (SIP)
for the attainment and maintenance of
the national ambient air quality
standards (NAAQS). In November 1993,
EPA promulgated two sets of
regulations to implement section
176(c). First, on November 24, EPA
promulgated the Transportation
Conformity Regulations to establish the
criteria and procedures for determining
that transportation plans, programs, and
projects which are funded under title
23 U.S.C. or the Federal Transit Act
conform with the SIP. Then, on
November 30, EPA promulgated
regulations, known as the General
Conformity Regulations, to ensure that
other Federal actions also conformed to
the SIPs. 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
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Federalism: Undetermined
Additional Information: SAN No. 4070
Agency Contact: 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-AH93
3381. 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 tc have contingency
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26197
EPA—Clean Air Act (CAA)
Long-Term Actions
plans to prevent air pollution levels
from reaching the significant harm level
(SHL) for CO, O3, SO2, NOx, and PM.
Appendix L provides example guidance
to the States on appropriate courses of
action to take at each episode stage
(i.e., alert, warning, and emergency) to
ensure the SHL is not reached. These
requirements were developed in the
1970's, based on the NAAQS from that
era. Since that time, ambient air quality
levels have decreased nationwide.
Today, many areas/sources that no
longer need episode plans must still
develop them. This rule would update
and simplify the criteria used to
determine which areas would require
episode plans. Areas with no more than
one exceedance of the Alert level over
the past 5 years would not need to
develop emergency episode plans.
Sources with the potential to cause
exceedances of the SHL due to a
process/control equipment malfunction
would need to develop source
contingency plans to prevent (and to
respond to) such malfunctions.
Appendix L would also be revised to
reflect the revised program
requirements. The result will be a
sensible, credible program replacing an
outdated program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4247
Agency Contact: Ted Creekmore,
Environmental Protection Agency, Air
and Radiation, MD-15, Research
Triangle Park, NC 27711
Phone: 919 541-5699
Fax: 919 541-0824
Email: creekmore.ted@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-AI47
3382. REVISION OF ERA'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
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
3383. 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 EPA has determined that
paint stripping operations emit at least
one of the HAP's listed in section
112(b) of the Clean Air Act. As a result,
the source category was included on
the initial list of HAP-emitting
categories scheduled for promulgation
within 10 years of enactment of the
Act. There are several emission
standards for other source categories
(for example, aerospace manufacturing
and wood furniture manufacturing) that
already address emissions from paint
stripping operations. We are currently
in the process of determining if there
are any other major sources of HAP
emissions from paint stripping
operations that are not already
regulated. Furthermore, HAP emissions
from paint stripping operations that are
area sources will be regulated in the
future as part of the urban air toxics
strategy.
Timetable:
Action
Date FR Cite
Final Action
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3746
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
Susan Wyatt, Environmental Protection
Agency, Air and Radiation, MD-13,
RTF, NC 27711
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG26
3384. 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
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EPA—Clean Air Act (CAA)
Long-Term Actions
Abstract: This action proposes to
amend regulations already established
to implement the new Federal air toxics
program under section 112, including
the General Provisions, the Federal
operating permit program under title V,
and the major source preconstruction
programs under parts C and D of title
I.
The proposed rule will address issues
related to the determination of a
stationary source's potential to emit in
response to three court decisions.
This action resulted from splitting of
RINs 2060-AC98 and 2060-AC63.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/02
12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3479
Agency Contact: Carol Holmes,
Environmental Protection Agency, Air
and Radiation, OECA (2242A),
Washington, DC 20460
Phone: 202 260-8709
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
MD-12, Research Triangle Park, NC
27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epa.gov
RIN: 2060-AI01
3385. 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: 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
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AI13
3386. FIELD CITATION PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 74l3(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
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
3387. NSPS 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
published on November 9, 2000
announced that the Administrator
would promulgate OSWI standards by
November 15, 2005. The notice also
listed what classes of incinerators
might be covered by the OSWI
standards. Standards will be set for the
following pollutants: particulate matter,
opacity, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon
monoxide, lead cadmium, mercury, and
dioxins and dibenzofurans.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
1 1/09/00
11/00/04
11/00/05
FR Cite
65 FR 66850
NPRM
Final Action
05/03/94 59 FR 22776
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions, Organizations
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3751
Agency Contact: Fred Porter,
Environmental Protection Agency, Air
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EPA—Clean Air Act (CAA)
Long-Term Actions
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
3388. 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
3389. 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 Control Techniques Guidelines
(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 Action - 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: 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
Email: byrne.dianne@epa.gov
RIN: 2060-AI31
3390. • FEDERAL IMPLEMENTATION
PLAN (FIP) FOR THE
BILLINGS/LAUREL, MONTANA
SULFUR DIOXIDE (SO2) AREA
Priority: Other Significant
Legal Authority: 12 USC 1701 et seq
CFR Citation: 40 CFR 52
Legal Deadline: None
Abstract: The State of Montana
submitted a sulfur dioxide (SO2) State
Implementation Plan (SIP) for the
Billings/Laurel, Montana area. On
7/28/99 we proposed to partially
approve, conditionally approve and
partially disapprove Montana's SO2 SIP
for Billings/Laurel. EPA intends to
propose a Federal Implementation Plan
(FIP) to cover those parts of the State's
plan we disapprove. EPA's FIP will
assure that the Billings/Laurel area will
attain and maintain the SO2 NAAQS.
Timetable:
Action
Date FR Cite
NPRM 06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4542
Sectors Affected: 32411 Petroleum
Refineries
Agency Contact: Laurie Ostrand,
Environmental Protection Agency,
Regional Office Denver, 8P-AR,
Washington, DC 20460
Phone: 303 312-6437
Fax: 303 312-6064
Email: ostrand.laurie@epa.gov
Larry Svoboda, Environmental
Protection Agency, Regional Office
Denver, 8P-AR
Phone: 303 312-6004
Fax: 303 312-6064
Email: svoboda.larry@epa.gov
RIN: 2008-AAOO
3391. 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
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Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
05/00/03
05/00/04
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4266
Agency Contact: David McKee,
Environmental Protection Agency, Air
and Radiation, Research Triangle Pa,
NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Harvey Richmond, Environmental
Protection Agency, Air and Radiation,
Research Triangle Pa, NC 27711
Phone: 919 541-5271
Fax: 919 541-0237
Email: richmond.harvey@epa.gov
RIN: 2060-AI43
3392. 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: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4274
Agency Contact: 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
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
RIN: 2060-AI57
3393. 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 SIP
Call") making a finding of significant
contribution and assigning statewide
NOx emission budgets to 22 States and
the District of Columbia for purposes
of reducing regional transport of ozone
and its precursor, NOx. Subsequent to
the promulgation of the SIP call, EPA
and the States of Connecticut,
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
Direct Final Rule
Withdrawal of Direct
Final Rule
Final Action
Date FR Cite
09/15/99 64 FR 49987
11/01/99 64 FR 58792
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4276
Direct Final Action-
http://www.epa. gov/fedrgstr/EP A-
AIR/1999/September/Day-
15/a23914.htm Withdrawal-
http ://www. epa. gov/fedrgstr/EP A-
AIR/1999/November/Day-
01/a28519.htm
Agency Contact: Kathryn Petrillo,
Environmental Protection Agency, Air
and Radiation, 6204J
Phone: 202 564-9093
Fax: 202 565-2141
Email: petrillo.kathryn@epa.gov
Kevin Culligan, Environmental
Protection Agency, Air and Radiation,
6204J
Phone: 202 564-9172
Fax: 202 564-2141
Email: culligan.kevin@epa.gov
RIN: 2060-AI80
3394. 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, The rulemaking
includes action on 4 separate petitions.
See Additional Information.
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.
Abstract: In April through July 1999,
3 Northeastern States (New Jersey,
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26201
EPA—Clean Air Act (CAA)
Long-Term Actions
Maryland, and Delaware) and the
District of Columbia submitted
individual petitions to EPA in
accordance with section 126 of the
Clean Air Act (CAA). Each petition
specifically requests that EPA make a
finding that nitrogen oxides (NOx)
emissions from certain stationary
sources in other States significantly
contribute to ozone nonattainment and
maintenance problems with respect to
the 1-hour and 8-hour ozone standards
in the petitioning State. If EPA makes
such a finding of significant
contribution, EPA is authorized to
establish Federal emissions limits for
the sources. The petitions rely on the
analyses from EPA's NOx SIP call. The
sources targeted by the petitions are
large electricity generating units and
large non-electricity generating units, as
defined in EPA's NOx SIP call. The
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
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
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
RIN: 2060-AI99
3395. RESCINDING FINDING THAT
PRE-EXISTING PM10 STANDARDS NO
LONGER APPLICABLE IN NORTHERN
ADA COUNTY/BOISE, IDAHO
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 50.6(d); 40 CFR
52.676; 40 CFR 81.313
Legal Deadline: None
Abstract: The EPA had previously
taken action to revoke the PM-10
national ambient air quality standards
(NAAQS) for the Boise/Ada County
area in anticipation that a revised PM-
10 NAAQS would soon be in place.
However, the DC Circuit court
subsequently vacated the revised PM-
10 NAAQS, the effectiveness of which
served as the underlying basis for
EPA's decision to revoke the 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. This
action is tentatively subject to the terms
of a settlement agreement that was
signed by all parties in January 2001.
A Federal Register notice of the
proposed settlement requesting public
comment was published January 30,
2001 in accordance with section 113(g)
of the Act. Written comments on the
proposed settlement agreement must be
received by EPA (Mike Prosper) by
March 1, 2001. Unless EPA or DOJ
determine, following the comment
period, that consent is inappropriate
the settlement agreement will then be
executed by the parties. This action
will then be fully subject to the terms
of the settlement agreement.
Timetable:
Action
Date
FR Cite
NPRM 06/26/00 65 FR 39321
Notice Extension of 07/26/00 65 FR 45953
Comment Period
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4391
Agency Contact: 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
Mike Prosper, Environmental Protection
Agency, Air and Radiation
Phone: 202 564-5589
Email: prosper.michael@epa.gov
RIN: 2060-AJ05
3396. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR GEORGIA-PACIFIC
CORPORATION'S FACILITY IN BIG
ISLAND, VIRGINIA
Priority: Substantive, Nonsignificant
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:
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26202
Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
"Standards for Hazardous Air
Pollutants From Chemical Recovery
Combustion Sources at Kraft, Soda,
Sulfate, and Stand-Alone Semichemical
Pulp Mills."
Timetable: Next Action Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4471
Formerly RIN 2060-AJ39.
Sectors Affected: 32211 Pulp Mills;
32211 Pulp Mills
Agency Contact: David Beck,
Environmental Protection Agency,
Office of the Administrator, MD-10,
Research Triangle Park, NC 27711
Phone: 919 541-5421
Fax: 919 541-2464
Email: beck.david@epa.gov
RIN: 2090-AA26
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Air Act (CAA)
Completed Actions
3397. METHOD 301: FIELD
VALIDATION OF POLLUTION
MEASUREMENT METHODS FOR
VARIOUS MEDIA; REVISIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60; 40 CFR 63
Completed:
Reason
Date
FR Cite
Withdrawn
04/20/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local
Agency Contact: Gary McAlister
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epa.gov
RIN: 2060-AFOO
3398. AMENDMENTS FOR TESTING
AND MONITORING PROVISIONS TO
PART 60, PART 61, AND PART 63
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63
Completed:
Reason
Date
FR Cite
Final Action
10/17/00 65 FR 61744
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Foston Curtis
Phone: 919 541-1063
Bill Lamason
Phone: 919 541-5374
Fax: 919 541-1039
RIN: 2060-AG21
3399. CONSOLIDATED FEDERAL AIR
RULE FOR THE SYNTHETIC ORGANIC
CHEMICAL MANUFACTURING
INDUSTRY
Priority: Other Significant
CFR Citation: 40 CFR 60; 40 CFR 61;
40 CFR 63; 40 CFR 65
Completed:
Reason
Date
FR Cite
Final Action 12/14/00 65 FR 78267
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Sectors Affected: 3251 Basic Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Rick Colyer
Phone: 919 541-5262
Fax: 919 541-0942
Email: colyer.rick@epa.gov
Agency Contact: Mark Morris
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH81
3401. DECISION ON A PETITION
FROM THE TERRITORY OF
AMERICAN SAMOA TO BE
EXEMPTED FROM THE GASOLINE
ANTI-DUMPING REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80.90 to 80.130
Completed:
Reason
Date
FR Cite
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG28
NPRM
Direct Final Rule
Direct Final Rule
Effective Date
Delayed
Direct Final Rule
Effective
11/29/00 65 FR 71079
11/29/00 65 FR 71067
01/29/01 66 FR 8089
03/30/01
3400. 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
CFR Citation: 40 CFR 63.100 to 63.152
Completed:
Reason
Date
FR Cite
Final Action 01/22/01 66 FR 6921
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Marilyn W. McCall
Phone: 202 564-9029
Fax: 202 564-2085
Email: mccall.mwinstead@epa.gov
Bob Larson
Phone: 734 214-4277
RIN: 2060-AI60
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26203
EPA—Clean Air Act (CAA)
Completed Actions
3402. • NESHAP: OFF-SITE WASTE
AND RECOVERY OPERATIONS; FINAL
RULE—SETTLE AGREEMENT; AND
NESHAP FOR OFF-SITE WASTE AND
RECOVERY OPERATIONS;
TECHNICAL AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action contains
correction errors in the final rule and
the July 1999 amendments. The notice
includes: (1) correction to the
amendatory instructions; (2)
amendments to monitoring
requirements; and (3) correction of
typos and formatting errors.
Timetable:
Action
Date FR Cite
Final Action
01/08/01 66 FR 1263
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4504
Split from RIN 2060-AH96.
Sectors Affected: 32411 Petroleum
Refineries; 325412 Pharmaceutical
Preparation Manufacturing; 32731
Cement Manufacturing; 562112
Hazardous Waste Collection
Agency Contact: 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
Kent C. Hustvedt, Environmental
Protection Agency, Air and Radiation,
MD-13, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ44
3403. NESHAP: PHOSPHATE
FERTILIZERS PRODUCTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Mary Johnson
Phone: 919 541-5025
Fax: 919 541-5600
Email: johnson.mary@epa.gov
Jim Crowder
Phone: 919 541-5596
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AE44
3404. PETROLEUM SOLVENT DRY
CLEANERS MAXIMUM ACHIEVABLE
CONTROL TECHNOLOGY (MACT)
STANDARD
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Notice 01/30/01 66 FR 8220
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Agency Contact: Tony Wayne
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AG34
3405. REVISIONS TO THE
REGULATION FOR APPROVAL OF
STATE PROGRAMS AND
DELEGATION OF FEDERAL
AUTHORITIES 112(L)
Priority: Other Significant
CFR Citation: 40 CFR 63(E)
Completed:
Reason
Date
FR Cite
Final Action
06/10/99 64 FR 31358
Final Action 09/14/00 65 FR 55809
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Tom Driscoll
Phone: 919 541-5135
Fax: 919 541-5509
Email: driscoll.tom@epa.gov
Kathy Kaufman
Phone: 919 541-0102
Fax: 919 541-5509
Email: kaufman.kathy@epa.gov
RIN: 2060-AG60
3406. NESHAP: FRICTION PRODUCTS
MANUFACTURING
Timetable:
Action
Date
FR Cite
Duplicate of SAN
4460, RIN 2060-
AJ18
RIN: 2060-AG87
02/27/01
3407. NESHAP: MANUFACTURE OF
CARBON BLACK
Timetable:
Action
Date
FR Cite
Duplicate of SAN
4105, RIN 2060-
AH68
RIN: 2060-AH19
02/27/01
3408. NESHAP: FLEXIBLE
POLYURETHANE FOAM
FABRICATION OPERATIONS
Timetable:
Action
Date
FR Cite
Duplicate of SAN
4449, RIN 2060-
AJ19
RIN: 2060-AH42
02/27/01
3409. NESHAP: PROCESS HEATERS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Merged With SAN 02/27/01
3837, RIN 2060-
AG69
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: James Eddinger
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epa.gov
RIN: 2060-AI35
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3410. NESHAP: AMINO/PHENOLIC
RESINS AMENDMENT
Timetable:
Action
Date
FR Cite
Duplicate of SAN
4484, RIN 2060-
AJ45
RIN: 2060-AJ32
03/16/01
3411. NSPS AND EMISSION
GUIDELINES FOR COMMERCIAL AND
INDUSTRIAL SOLID WASTE
INCINERATION UNITS
Priority: Other Significant
CFR Citation: 40 CFR 60
Completed:
3413. AMENDMENTS TO VEHICLE
INSPECTION MAINTENANCE
PROGRAM REQUIREMENTS
IMPLEMENTING THE ONBOARD
DIAGNOSTIC CHECK; AMENDMENT
TO THE FINAL RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 85
Completed:
Reason
Date
FR Cite
04/05/01 66 FR 18155
Final Action
Amendments to
Vehicle I/M Program
Requirements for
OBD Checks
Regulatory Flexibility Analysis
Required: No
Reason
Date FR Cite Government Levels Affected: None
Final Action 12/01/00 65 FR 75338
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Fred Porter
Phone: 919 541-5251
Fax: 919 541-5450
Email: porter.fred@epa.gov
Rick Copland
Phone: 919 541-5265
Fax: 919 541-5450
Email: copland.rick@epa.gov
RIN: 2060-AF91
3412. PROTECTION OF
STRATOSPHERIC OZONE:
INCORPORATION OF CLEAN AIR ACT
AMENDMENTS FOR REDUCTION IN
CLASS I, GROUP VI CONTROLLED
SUBSTANCES
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 82
Completed:
Agency Contact: David Sosnowski
Phone: 734 214-4823
Fax: 734 214-4906
Email: sosnowski.dave@epa.gov
Ed Gardetto
Phone: 734 214-4322
Fax: 734 214-4906
Email: gardetto.edward@epa.gov
RIN: 2060-AJ03
3414. NESHAP: ALUMINA
PROCESSING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Notice
01/30/01 66 FR 8220
Reason
Date
FR Cite
Direct Final Rule 11/28/00 65 FR 70795
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Amber Moreen
Phone: 202 564-9295
Fax: 202 565-2095
Email: moreen.amber@.epa.gov
RIN: 2060-AI41
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Sectors Affected: 325188 All Other
Basic Inorganic Chemical
Manufacturing
Agency Contact: Mark Morris
Phone: 919 541-5416
Fax: 919 541-3470
Email: morris.mark@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AH70
3415. NESHAP: CHEMICAL
RECOVERY COMBUSTION SOURCES
AT KRAFT, SODA, SULFITE AND
STAND-ALONE SEMICHEMICAL PULP
MILLS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 63; 40 CFR 430
Completed:
Reason
Date
FR Cite
Final Action 01/12/01 66 FR 3179
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
Fax: 919 541-5600
Email: crowder.jim@epa.gov
RIN: 2060-AI34
3416. CONTROL OF EMISSIONS OF
AIR POLLUTION FROM NEW
COMPRESSION-IGNITION AND
SPARK-IGNITION RECREATIONAL
MARINE ENGINES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 94
Completed:
Reason
Date
FR Cite
Merged With RIN 02/15/01
2060-AI11,SAN
4154
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: Federal
Agency Contact: Holly Pugliese
Phone: 734 214-4288
Fax: 734 214-4053
Email: pugliese.holly@epa.gov
Jean Marie Revelt
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI36
3417. STANDARDS AND GUIDELINES
FOR SMALL MUNICIPAL WASTE
COMBUSTION UNITS
Priority: Other Significant
CFR Citation: 40 CFR 60
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26205
EPA—Clean Air Act (CAA)
Completed Actions
Completed:
Reason
Date
FR Cite
Final Action 12/06/00 65 FR 76349
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Rick Copland
Phone: 919 541-5265
Fax: 919 541-5450
Email: copland.rick@epa.gov
Walt Stevenson
Phone: 919 541-5264
Fax: 919 541-5450
Email: stevenson.walt@epa.gov
RIN: 2060-AI51
3418. REVISION OF SCHEDULE FOR
STANDARDS UNDER SECTION 112 OF
THE CAA
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
Notice 01/30/01 66 FR 8220
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Yvonne W. Johnson
Phone: 919 541-2798
Fax: 919 541-0072
Email: johnson.yvonnew@epa.gov
Linda Metcalf
Phone: 919 541-2865
Fax: 919 541-0072
Email: metcalf.linda@epa.gov
RIN: 2060-AI52
3419. CONTROL OF EMISSIONS OF
HAZARDOUS POLLUTANTS FROM
MOTOR VEHICLES AND MOTOR
VEHICLE FUELS
Priority: Other Significant. Major under
5 USC 801.
CFR Citation: 40 CFR 80; 40 CFR 86
Completed:
Reason
Date
FR Cite
Final Action 03/29/01 66 FR 17229
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jean Marie Revelt
Phone: 734 214-4822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AI55
3420. NATIONAL EMISSION
STANDARDS FOR BENZENE
EMISSIONS FROM COKE
BYPRODUCT RECOVERY PLANTS
(PART61.SUBPARTL)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 61
Completed:
Reason
Date
FR Cite
Notice
01/30/01 66 FR 8220
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Lula Melton
Phone: 919 541-2910
Fax: 919 541-5600
Email: melton.lula@epa.gov
Al Vervaert
Phone: 919 541-5602
Email: vervaert.al@epa.gov
RIN: 2060-AI65
3421. HEAVY-DUTY ENGINE
EMISSION STANDARDS & DIESEL
FUEL SULFUR CONTROL
REQUIREMENTS
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 69; 40 CFR 80;
40 CFR 86
Completed:
Reason
Date
FR Cite
3422. 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
CFR Citation: 40 CFR 63.745(c)(l)-(2)
Completed:
Reason
Date
FR Cite
Final Action
Amendment
12/08/00 65 FR 76941
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Sectors Affected: 336411 Aircraft
Manufacturing
Agency Contact: Jaime Pagan
Phone: 919 541-5340
Fax: 919 541-0942
Email: pagan.jaime@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AI77
3423. NESHAP: PHARMACEUTICALS
PRODUCTION; FINAL AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR part 63
Completed:
Reason
Date
FR Cite
Final Action
08/29/00 65 FR 52588
Regulatory Flexibility Analysis
Required: No
Final Action
01/18/01 66 FR 5002 Government Levels Affected: None
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: None
Agency Contact: Don Kopinski
Phone: 734 214-4229
Fax: 734 214-4781
Email: kopinski.don@epa.gov
Paul Machele
Phone: 734 214-4264
Fax: 734 214-4050
Email: machiele.paul@epa.gov
RIN: 2060-AI69
Sectors Affected: 325411 Medicinal
and Botanical Manufacturing; 325412
Pharmaceutical Preparation
Manufacturing
Agency Contact: Randy McDonald
Phone: 919 541-5402
Fax: 919 541-3470
Email: mcdonald.randy@epa.gov
Penny Lassiter
Phone: 919 541-5396
Fax: 919 541-3470
Email: lassiter.penny@epa.gov
RIN: 2060-AI78
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Air Act (CAA)
Completed Actions
3424. NATIONAL AMBIENT AIR
QUALITY STANDARD FOR OZONE -
CORRECTIONS NOTICE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50.9 (a)
Completed:
Reason
Date
FR Cite
Withdrawn-The 03/14/01
Agency Plans No
Further Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Agency Contact: Brenda Millar
Phone: 919 541-4036
Fax: 919 541-1903
Email: millar.brenda@epa.gov
Nash Gerald
Phone: 919 541-5652
Fax: 919 541-1903
Email: gerald.nash@epa.gov
RIN: 2060-AI95
3425. AMENDMENTS TO STATE AND
FEDERAL OPERATING PERMITS
PROGRAMS, PART 70 AND PART 71,
COMPLIANCE CERTIFICATION
REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 70; 40 CFR 71
(Revisions)
Completed:
Reason
Date
FR Cite
Direct Final Rule 03/01/01 66 FR 12872
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Peter Westlin
Phone: 919 541-1058
Fax: 919 541-1039
Email: westlin.peter@epa.gov
Barrett Parker
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AJ04
3426. REVISION OF STANDARDS OF
PERFORMANCE FOR NITROGEN
OXIDE EMISSIONS FROM NEW
FOSSIL-FUEL FIRED STEAM
GENERATING UNITS
Priority: Other Significant
CFR Citation: 40 CFR 60.40
Completed:
Reason
Date
FR Cite
Direct Final Rule 04/10/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Richard Vetter
Phone: 919 541-2127
Fax: 919 541-0072
Email: vetter.richard@epa.gov
James Eddinger
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
RIN: 2060-AJ22
3427. REVISION TO THE SOURCE
CATEGORY LISTING FOR SECTION
112(D)(2) RULEMAKING PURSUANT
TO SECTION 112(C)(6)
REQUIREMENTS
Priority: Routine and Frequent
CFR Citation: None
Completed:
Reason
Date
FR Cite
Notice 08/03/00 65 FR 47725
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Anthony P. Wayne
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AJ24
3428. STRATOSPHERIC OZONE
PROTECTION: ALLOCATION OF
ESSENTIAL USE ALLOWANCES FOR
CALENDAR YEAR 2001
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.4
Completed:
Reason
Date
FR Cite
NPRM
Final Action
10/06/00 65 FR 59783
01/08/01 66 FR 1461
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-AJ33
3429. STAY OF THE 8-HOUR PORTION
OF FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 52(a)
Completed:
Reason
Date FR Cite
Final Action
09/18/00 65 FR 56245
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Jan King
Phone: 919 541-5665
Fax: 919 541-0824
Email: king.jan@epamail.epa.gov
RIN: 2060-AJ37
3430. NATIONAL AIR TOXICS
PROGRAM: INTEGRATED STRATEGY,
REPORT TO CONGRESS
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Notice - Report to
Congress
10/10/00
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Chris Stoneman
Phone: 919 541-0823
Fax: 919 541-0942
Email: stoneman.chris@epa.gov
Susan Wyatt
Phone: 919 541-5674
Fax: 919 541-0942
Email: wyatt.susan@epa.gov
RIN: 2060-AJ38
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26207
EPA—Clean Air Act (CAA)
Completed Actions
3431. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR GEORGIA-PACIFIC
CORPORATION'S FACILITY IN BIG
ISLAND, VIRGINIA
Timetable:
Action
Date
FR Cite
Transferred to RIN
2090-AA26
RIN: 2060-AJ39
03/21/01
3432. AMENDMENTS TO NESHAP:
OFF-SITE WASTE AND RECOVERY
OPERATIONS
Timetable:
Action
Duplicate of SAN
4504, RIN 2060-
AJ44
Date
03/15/01
FR Cite
RIN: 2060-AJ40
3433. • PROTECTION OF
STRATOSPHERIC OZONE: LISTING
OF SUBSTITUTES FOR OZONE-
DEPLETING SUBSTANCES—N-
PROPYLBROMIDE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82 (Revision)
Legal Deadline: None
Abstract: This rule proposes to add n-
propylbromide (nPB) to the list of
acceptable substitutes for class I and
class II ozone depleting substances
used as solvents for general metals,
precision, and electronics cleaning, as
well as in aerosol solvent applications.
This would provide another alternative
to solvents with higher ozone depletion
potential that industry is interested in
using. The rule would propose finding
nPB not acceptable as a substitute for
use in adhesives due to its toxicity and
the greater emissions from that
application. The rule also would
propose specific conditions on the use
of nPB as a solvent. These might
include limiting the specific
applications in which it may be used
to those with low emissions and
requiring exposure limits consistent
with industry practices. This will
ensure that nPB is used in a manner
that is safe and environmentally
protective. OSHA does not currently
regulate nPB. EPA would revise our
ruling to adopt whatever OSHA
requires if OSHA later regulates the use
of nPB. If finalized as proposed, this
rule would be consistent with most
existing industry practices and would
impose little or no burden on industry.
Timetable:
Action
Date
FR Cite
ANPRMProt.of
Stratospheric
Ozone-Substitutes
Listing
Withdrawn
02/18/99 64 FR 8043
04/20/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4527
The previous ANPRM was under SAN
No. 3525.
Sectors Affected: 325199 All Other
Basic Organic Chemical Manufacturing;
334413 Semiconductor and Related
Device Manufacturing; 334418 Printed
Circuit/Electronics Assembly
Manufacturing; 337121 Upholstered
Household Furniture Manufacturing;
332813 Electroplating, Plating,
Polishing, Anodizing and Coloring
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 564-9163
Fax: 202 565-2141
Email: sheppard.margaret@epa.gov
Erin Birgfeld, Environmental Protection
Agency, Air and Radiation, 6205J
Phone: 202 564-9079
Fax: 202 565-2095
Email: birgfeld.erin@epa.gov
RIN: 2060-AJ58
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Atomic Energy Act (AEA)
Proposed Rule Stage
3434. PROTECTIVE ACTION
GUIDANCE FOR DRINKING WATER
Priority: Other Significant
Legal Authority: 42 USC 202l(h) AEA
of 1954 sec 274(h); Reorganization Plan
No. 3 of 1970; PL 96-295 sec 304; EO
12241
CFR Citation: 41 CFR 351
Legal Deadline: None
Abstract: This action will result in
Federal protective action guidance
(PAG) for State and local officials to
use in the event of a nuclear accident
to protect the general public from the
adverse health effects associated with
the ingestion of drinking water that is
contaminated with radioactive material.
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 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Atomic Energy Act (AEA)
Completed Actions
3435. 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
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 12/00/01
Final Action 12/00/02
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
3436. 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
Final Action
06/00/01
06/00/02
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
3437. PLANT INCORPORATED
PROTECTANTS (FORMERLY PLANT
PESTICIDES) RULEMAKINGS
Priority: Other Significant
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 and
establishes a new part in title 40 of the
CFR, part 174, which consolidates
regulations specific for plant-pesticides
in one part of the CFR. The proposed
consolidation is expected to benefit the
public by providing greater focus,
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26209
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
enhanced clarity and ease of use. These
actions may reduce burden on both the
regulated community and EPA.
Timetable:
Action
Date
FR Cite
11/23/94 59 FR 60496
07/22/96 61 FR 37891
05/16/97 62 FR 27132
04/23/99 64 FR 19958
04/00/01
04/00/01
04/00/01
04/00/02
NPRM
Supplemental NPRM
Supplemental NPRM
Supplemental NPRM
Request for
Comment on
Alternate Name
Supplemental NPRM
Seeks Additional
Comment on Other
Exemptions
Final Action
Regulations Under
FFDCA (Tolerance
Exemptions)
Final Action
Regulations Under
FIFRA
Final Action - Final
Decision on
Remaining FFDCA
Tolerance
Exemptions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
Additional Information: SAN No. 2684
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 111 Crop Production;
54171 Research and Development in
the Physical Sciences and Engineering
Sciences
Agency Contact: 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
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
RIN: 2070-AC02
3438. DATA REQUIREMENTS FOR
PESTICIDE REGISTRATION;
TOXICOLOGY, EXPOSURE AND
RESIDUE CHEMISTRY
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to I36(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. This proposal is limited
to human health and exposure data
requirements.
Timetable:
Action
Date
FR Cite
NPRM - Toxicology, 12/00/01
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: 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
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC12
3439. PESTICIDES; PROCEDURES
FOR REGISTRATION REVIEW
PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(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 Pesticides- 04/26/00 65 FR 24586
Procedural
Regulations for
Registration Review
NPRM 12/00/01
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: 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
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD29
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26210
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
3440. DATA REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
REGISTRATION; PRODUCT
CHEMISTRY REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a, 136c,
136w
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA will update and revise
its pesticide data requirements for
antimicrobial products. The data
requirements specify the data that are
required for EPA to evaluate the
registrability of a pesticide product.
The revisions will clarify all
antimicrobial data requirements to
reflect current practice. EPA will also
update its product chemistry data
requirements applicable to all products.
Timetable:
Action
Date
FR Cite
NPRM ' 06/00/01
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
3441. • DATA REQUIREMENT FOR
PESTICIDE REGISTRATION;
ENVIRONMENTAL FATE AND
ECOLOGICAL EFFECTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a) to I36(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. This proposal covers the
data requirements for environmental
fate and terrestrial and aquatic non-
target organisms (ecological effects).
Timetable:
Action Date FR Cite
NPRM
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4496
Split from RIN 2070-AC12.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Melissa Chun,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Phone: 703 305-4027
Fax: 703 305-5884
Email: chun.melissa@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD47
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
3442. 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: None
Abstract: FIFRA sec. 19 gives EPA
authority to regulate the management
of pesticides and their containers,
including storage, transportation and
disposal. As proposed, this rule would
establish standards for removal of
pesticides from containers and for
rinsing containers; facilitate the safe
use, refill, reuse, and disposal of
pesticide containers by establishing
standards for container design, labeling
and refilling; and establish
requirements for containment of
stationary bulk containers and for
containment of pesticide dispensing
areas.
Timetable:
Action
Date
FR Cite
NPRM (Container 02/11/94 59 FR 6712
Design & Residue
Removal & Bulk
Containment)
Supplemental NPRM 12/21/99 64 FR 71368
Extension of
Comment Period
Supplemental NPRM 02/24/00 65 FR 9234
Extension of
Comment Period
Final Action 11/00/01
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: 42291 Farm Supplies
Wholesalers; 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26211
EPA—Federal insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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
3443. GROUNDWATER AND
PESTICIDE MANAGEMENT PLAN
RULE
Priority: Other Significant
Legal Authority: 7 USC I36(a) FIFRA
sec 3; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: This regulation 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.
Timetable:
Action
Date FR Cite
06/26/96 61 FR 33259
02/23/00 65 FR 8925
NPRM
Notice of Availability
regarding
Metolachlor
Supplemental NPRM - 03/24/00 65 FR 15885
Notice of Availability
and Extension of
Comment Period
Final Action 06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
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
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AC46
3444. WPS; PESTICIDE WORKER
PROTECTION STANDARD; GLOVE
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(w]
CFR Citation: 40 CFR 170
Legal Deadline: None
Abstract: This final rule would create
greater flexibility in requirements of the
1992 Worker Protection Standard
related to the use of gloves by workers
and applicators.
Timetable:
Email: frane.jean@epa.gov
RIN: 2070-AC93
Action
NPRM Glove
Requirement
Final Action
Date
09/09/97
09/00/01
FR Cite
62 FR 47544
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: 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
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
3445. 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. 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 last provisions
separately from the antimicrobial
portion of the proposal.
Timetable:
Action
Date
FR Cite
NPRM Reg. Require. 09/17/99 64 FR 50671
for Anti Pest.
Products/Other Pest
Reg Changes
Notice Extends 11/16/99 64 FR 62145
Comment Period to
January 18,2000
Final Action Labeling 05/00/01
and other regulatory
portions
Final Action 09/00/01
Antimicrobial
procedural portion
only.
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892
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26212
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
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: Cleo Pizana,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7510C, Washington,
DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epa.gov
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
3446. REGULATORY REVIEW OF
PESTICIDE EMERGENCY EXEMPTION
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36(p)
CFR Citation: 40 CFR 166
Legal Deadline: None
Abstract: EPA will propose revisions
to its regulations on emergency
exemptions under section 18 of the
Federal Insecticide, Fungicide and
Rodenticide Act. Emergency
exemptions allow temporary use of a
pesticide not in accordance with
registration requirements when
emergency conditions exist. In the 1995
Presidential Reinvention Initiative, EPA
identified a number of issues and
options for change, which have been
refined through informal discussions
with States, user groups, and other
stakeholders. EPA is considering
revisions in four areas: 1) Options for
increased authority for States to
administer certain aspects of the
exemption process, or increased use by
EPA of multi-year exemptions, or some
combination of these; 2) the use of
emergency exemptions to address
pesticide resistance; 3) the possibility
of granting of exemptions based upon
reduced risk considerations; and 4)
definitions of emergency situation and
significant economic loss, which affect
whether an exemption may be granted.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
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
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD36'
3447. PESTICIDE MANAGEMENT AND
DISPOSAL
Priority: Other Significant
Legal Authority: 7 USC 136 et seq
CFR Citation: 40 CFR 165
Legal Deadline: None
Abstract: This action develops
procedures for mandatory and
voluntary recall actions under section
19(b) of FIFRA and would establish
criteria for acceptable storage and
disposal plans which registrants may
submit to this Agency to become
eligible for reimbursement of storage
costs. This action establishes
procedures for indemnification of
owners of suspended and canceled
pesticides for disposal.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/05/93 58 FR 26856
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3432
Agency Contact: David Stangel,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 2225A, Washington, DC
20460
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA33
3448. 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: Final, Statutory,
August 3, 1999.
Abstract: This final policy statement
will set forth EPA's Endocrine
Disrupter Screening Program and the
procedures to be followed by regulated
entities and the Agency. 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
address certain issues related to
implementing the Program. The major
actions in 2001-2003 will be the
standardization and validation of assays
in the screening battery and the
completion of the priority setting
system.
Timetable:
Action
Date
FR Cite
Notice Outline of 08/11/98 63 FR 42852
Screening Program
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26213
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
Action
Date
FR Cite
Notice Proposed 12/28/98 63 FR 71542
Screening Program
& Request for
Comment
NPRM Proposed 06/00/02
Procedural Rule
Final Action Final 06/00/03
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
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Completed Actions
3449. TOLERANCES FOR PESTICIDE
EMERGENCY EXEMPTIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 176
Completed:
Reason
Date
FR Cite
Final Action Time- 10/25/00 65 FR 64126
Limited Tolerances
for Pest Exempt.
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Sectors Affected: 111 Crop Production;
112 Animal Production; 9241
Administration of Environmental
Quality Programs
Agency Contact: Joe Hogue
Phone: 703 308-9072
Fax: 703 305-5884
Email: hogue.joseph@epa.gov
Jean Frane
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD15
3450. POLICY OR PROCEDURES FOR
NOTIFICATION TO THE AGENCY OF
STORED PESTICIDES WITH
CANCELED OR SUSPENDED
REGISTRATION
Priority: Other Significant
CFR Citation: 40 CFR 168
Completed:
Reason
Date
FR Cite
Withdrawn - Agency 03/21/01
Plans No Further
Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Federalism: Undetermined
Agency Contact: David Stangel
Phone: 202 564-4162
Fax: 202 564-0028
RIN: 2020-AA29
3451. REGISTRATION OF GRANULAR
FERTILIZER-PESTICIDE
COMBINATION PRODUCTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 152.43
Completed:
Reason
Date
FR Cite
Withdrawn - The 02/20/01
Agency Plans No
Further Work
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Federal
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Dan Kenny
Phone: 703 305-7546
Email: kenny.dan@epa.gov
Jean Frane
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD40
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
3452. TEST RULE; ATSDR
SUBSTANCES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 42 USC 9604(i) CERCLA 104(i); 42
USC 9601 CEERCLA; 15 USC 2611
TSCA 12; 42 USC 7401 112(b)(4) CAA;
42 USC 7412 (b)(4)&(b)(l) CAA; 42 USC
7403 (d) CAA
CFR Citation: 40 CFR 790 to end
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.
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26214
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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
06/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
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
TDD Phone: 202 554-0551
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: 20 70-AB 79
3453. 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 (OFA's). 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 OFA's such as methy t-butyl ether
(MTBE).
Timetable:
Action
Date FR Cite
Notice Solicit
Interested Parties
Notice EGA
06/00/01
06/00/02
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: Charles M. Auer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3749
Fax: 202 260-8168
Email: auer.charles@epa.gov
George Semeniuk, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-2134
Fax: 202 401-3672
Email: semeniuk.george@epa.gov
RIN: 2070-AD28
3454. • TEST RULE; MULTI-
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2607(a); 15 USC 2611; 15 USC 2625
CFR Citation: 40 CFR 799; 40 CFR 704
Legal Deadline: None
Abstract: EPA is proposing a test rule
under section 4 of the Toxic Substances
Control Act (TSCA) that would require
manufacturers, defined by statute to
include importers, and processors of
seven (7) substances to conduct testing
for developmental and/or reproductive
toxicity. This is a re-proposal of a test
rule announced March 4, 1991 (56 FR
9092).
Timetable:
Action
Date FR Cite
03/04/91 56 FR 9092
06/00/01
NPRM
NPRM Reproposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4395
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8155
TDD Phone: 202 554-0551
Fax: 202 401-3672
Email: roman.catherine@epa.gov
Frank Kover, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405,
Washington, DC 20460
Phone: 202 260-8130
TDD Phone: 202 554-0551
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AD44
3455. 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.
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Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26215
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Timetable:
Action
Date
FR Cite
09/27/89 54 FR 39548
NPRM 2,4-
Pentanedione
SNUR
NPRM Chloranil
NPRM Benzidine-
based Chemical
Substances
Final Action
Benzidine-based
Chemical
Substances
NPRM Amendment to
Benzidine-based
Chemical
Substances SNUR
Final Action
Amendment to
Benzidine-based
Chemical
Substances SNUR
NPRM 2 ,4-
Pentanedione
SNUR (Reproposal)
Final Action Final
Chloranil SNUR
NPRM Certain
Chemical
Substances No
Longer in
Production SNUR
NPRM Heavy Metal-
Based Pigments in
Aerosol Spray
Paints SNUR
NPRMo-Tolidine&o-
Dianisidine-based
Dyes (Benzidine
Congener Dyes)
NPRM
Methylcyclopentane
SNUR
NPRM p-Aminophenol
& Bromo-
chloromethane 8(a)
Chemical Specific
Rule
NPRM 2-
Ethoxyethanol & 2-
Methoxyethanol &
2-Methoxyethanol
Acetate
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 1923
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
05/12/93 58 FR 27980
08/30/95 60 FR 45119
10/07/96 61FR52287
12/00/01
06/00/02
06/00/01
12/00/02
10/00/01
12/00/01
12/00/01
05/00/01
05/00/01
05/00/01
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3945
Fax: 202 260-1096
Email: leczynski.barbara@epa.gov
Mary Dominiak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 2070-AA58
3456. • SIGNIFICANT NEW USE RULE;
SELECTED FLAME RETARDANT
CHEMICAL SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
5
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: EPA is proposing a
significant new use rule (SNUR) under
section 5 of the Toxic Substances
Control Act (TSCA) covering certain
flame retardant chemicals for use in
residential upholstered furniture. The
SNUR would require companies
wanting to import or manufacture these
chemicals for the significant new uses
described in the proposed rule to
submit a significant new use notice
(SNUN) to the Agency at least 90 days
prior to beginning those activities.
Timetable:
Action
Date
FR Cite
NPRM Flame 12/00/01
Retardant
Chemicals
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4512
Split from RIN 2070-AA58.
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: Carolyn Grandson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-1560
Fax: 202 260-1096
Email: grandson.carolyn@epa.gov
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
RIN: 2070-AD48
3457. LEAD-BASED PAINT
ACTIVITIES; TRAINING AND
CERTIFICATION FOR RENOVATION
AND REMODELING
Priority: Other Significant. Major under
5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 15 USC 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.
Timetable:
Action
Date
FR Cite
NPRM 09/00/01
Final Action 02/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
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26216
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3557
Sectors Affected: 54138 Testing
Laboratories; 531311 Residential
Property Managers; 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
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
RIN: 2070-AC83
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
3458. 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 (IURJ 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.
Timetable:
Action
NPRM
Notice Comment
Date
08/26/99
10/22/99
FR Cite
64 FR 46771
64 FR 56998
Extension
Final Action
06/00/01
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
3459. TEST RULE; GENERIC ENTRY
FOR ITC RELATED TESTING
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
ANPRMAryl
Phosphates (ITC
List 2)
NPRMAryl
Phosphates (ITC
List 2)
NPRM Brominated
Flame Retardants
Final Action-EGA
Di Basic Esters
(CPSC)
Final Action-EGA
1,1,2-
Trichloroethane
(TCE)
Final Action ITC
Chemicals (ITC List
28)
Final Action-EGA Aryl
Phosphates (ITC
List 2)
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
06/00/01
06/00/01
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26217
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Action
Date FR Cite
Final Action-EGA 06/00/01
Ethylene Dichloride
(EDC)
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: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
TDD Phone: 202 554-0551
Fax: 202 401-3672
Email: kover.frank@epa.gov
David R. Williams, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-3468
Fax: 202 401-3672
Email: williams.daver@epa.gov
RIN: 2070-AB94
3460. 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 12/00/01
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: 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
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-AC76
3461. TEST RULE; CERTAIN HIGH
PRODUCTION VOLUME (HPV)
CHEMICALS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603; 15 USC
2611 to 2612; 15 USC 2625 to 2626
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 2155
of these HPV chemicals. The first rule
proposed testing for 37 unsponsored
HPV chemicals with substantial worker
exposure. The proposed rule was
published in the Federal Register on
December, 26, 2000.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/26/00 65 FR 81658
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3990
See also the Regulatory Plan entry
entitled Chemical Right-to-Know
Initiative (RIN 2070-AD25; SAN 4176).
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
TDD Phone: 202 554-0551
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26218
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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
3462. TEST RULE; IN VITRO DERMAL
ABSORPTION RATE TESTING OF
CERTAIN CHEMICALS OF INTEREST
TO THE OCCUPATIONAL SAFETY
AND HEALTH ADMINISTRATION
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12
CFR Citation: 40 CFR 700 to 799
Legal Deadline: None
Abstract: EPA is requiring
manufacturers (which is defined by
statute to include importers) and
processors of 38 chemical substances of
interest to the Occupational Safety and
Health Administration (OSHA) to
conduct testing for in vitro dermal
absorption rate 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:
Action
Date
FR Cite
NPRMOSHA 06/09/99 64 FR 31074
Chemicals Dermal
Testing (ITC List 31,
32 & 35)
Final Action OSHA 05/00/01
Chemical Dermal
Testing
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4425
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: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
TDD Phone: 202 554-0551
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-AD42
3463. FOLLOW-UP RULES ON NON-
5(E) NEW CHEMICAL SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA regulates the commercial
development of new chemicals that
have completed premanufacture notice
(PMN) review. In a PMN review, the
Agency assesses whether or not a
chemical's manufacture, import,
process, distribution, use, or disposal
outside the activities described in the
PMN may present an unreasonable risk.
EPA will issue Significant New Use
Rules (SNURs) requiring 90-day
notification to EPA from any
manufacturer, importer, or processor
who would engage in activities that are
designated as significant new uses.
Under the Expedited Follow-up Rule
(EFUR) which became effective on
October 12, 1989, EPA will identify
such new chemicals and publish them
in a batch SNUR 3-4 times per year.
Chemicals that were subject to a
proposed SNUR before the effective
date of the EFUR or do not qualify
under the EFUR, may be regulated
individually by notice and comment
rulemaking and are listed below.
Timetable:
Action
Date FR Cite
NPRM Alkyl & Sulfonic 06/11/86 51 FR21199
Acid & Ammonium
Salt (84-1056)
NPRM1-Decanimine- 12/08/87 52 FR 46496
N-Decyl-N-Methyl-
N-Oxide (86-566)
NPRM Aluminum 06/11/93 58 FR 32628
Cross-linked
Sodium Carboxy-
methylcellulose
Final Action Alkyl & 06/00/01
Sulfonic Acid &
Ammonium Salt (84-
1056)
Final Action 1- 06/00/01
Decanimine-N-
Decyl-N-Methyl-N-
Oxide (86-566)
Final Action Aluminum 06/00/01
Cross-linked
Sodium Carboxy-
methylcellulose
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
3464. SIGNIFICANT NEW USE RULE
(SNUR); CHEMICAL-SPECIFIC SNURS
TO EXTEND PROVISIONS OF
SECTION 5(E) ORDERS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 TSCA
sec 5
CFR Citation: 40 CFR 721
Legal Deadline: None
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26219
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
NPRM Batch SNUR:
84-660/-704 & 84-
105/-106/-107&85-
433
NPRM Aromatic
Amino Ether (P90-
1840)
NPRM Alkenyl Ether
of Alkanetriol
Polymer (93-458)
NPRM Certain
Chemical
Substances (91 -
1299/95-166791-
129891-1297
NPRM Certain
Chemical
Substances
05/27/93 58 FR 30744
06/06/94 59 FR 29255
12/19/94 59 FR 65289
06/26/97 62 FR 34421
09/09/98 63 FR 48157
12/26/00 65 FR 81386
Direct Final Rule
Significant New
Uses of Certain
Chemical
Substances,
Effective
02/26/2001
Delay of Effective Date 02/07/01 66 FR 921 1
Significant New
Uses of Certain
Chemical
Substances
New Effective Date 04/27/01 66 FR 9211
Significant New
Uses of Certain
Chemical
Substances
Final Action Batch 04/00/01
SNUR: 84-660/-704
&84-105/-106/-107
& 85-433
Final Action Aromatic 05/00/01
Amino Ether (P90-
1840)
Final Action Alkenyl 05/00/01
Ether of Alkanetriol
Polymer (93-458)
Final Action Certain 06/00/01
Chemical
Substances (91-
1299/95-166791-
129891-1297
Final Action Certain 06/00/01
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
3465. SIGNIFICANT NEW USE RULE;
CERTAIN PERFLUOROALKYL
SULFONYL (PFOS) CONTAINING
CHEMICAL SUBSTANCES
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
manufacture 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
Final Action
10/18/00 65 FR 62319
06/00/01
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: 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
Karen Lannon, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-2797
Fax: 202 260-1096
Email: lannon.karen@epa.gov
RIN: 2070-AD43
3466. POLYCHLORINATED
BIPHENYLS (PCBS); 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
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26220
Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
1) no unreasonable risk to health or the
environment will occur, and 2) good
faith efforts have been made by the
petitioner to develop a substitute for
PCB which does not pose an
unreasonable risk of injury to health or
the environment. In addition, the
Interim Procedural Rules were
amended to require certain petitioners
to reapply for EPA approval to continue
PCB activities previously approved by
EPA.
Timetable:
Action
Date FR Cite
12/06/94 59 FR 62875
02/00/02
09/00/02
NPRM(1)Groupl
Final Action Group I
NPRM (2) Group II
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 2150
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
3467. 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
Notice Reopening
Record for
Comments on
Durability of NMA
Final Action
10/02/91 56 FR 49863
02/28/96 61 FR 7454
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 2779
Sectors Affected: 22132 Sewage
Treatment Facilities; 42269 Other
Chemical and Allied Products
Wholesalers; 23491 Water, Sewer, and
Pipeline Construction; 23491 Water,
Sewer, and Pipeline Construction;
32519 Other Basic Organic Chemical
Manufacturing; 32519 Other Basic
Organic Chemical Manufacturing
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
3468. SIGNIFICANT NEW USE RULE;
REFRACTORY CERAMIC FIBERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 TSCA
5; 15 USC 2605 TSCA 6
CFR Citation: 40 CFR 704; 40 CFR 721
Legal Deadline: None
Abstract: EPA has instituted a program
to monitor the commercial
development of existing chemicals of
concern and/or to gather information to
support risk assessments on such
chemicals. As these chemicals are
identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) sections
5 and/or 6 to require reporting by the
manufacturers, importers and/or
processors of these chemicals. Proposed
rules may be published on at least the
chemicals listed on the timetable
below.
Timetable:
Action
Date
FR Cite
NPRM Refractory 03/21/94 59 FR 13294
Ceramic Fiber
Final Action Refractory 03/00/02
Ceramic Fiber
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3528
Sectors Affected: 327999 All Other
Miscellaneous Nonmetallic Mineral
Product Manufacturing
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
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
RIN: 2070-AC37
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26221
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
3469. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a) TSCA
sec 8(a)
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8 (a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. These data will be used to
monitor the levels of production,
import and/or processing of these
substances and the avenues of human
and environmental exposure to these
substances. These data will also
support risk assessment and test rule
decisions.
Timetable:
Action
Date
FR Cite
Final Action 37th ITC 02/28/96 61 FR 7421
List
Final Action 38th ITC 10/29/96 61 FR 55871
List
Final Action 38th ITC 12/11/96 61 FR 65186
List - Stay
Final Action 38th ITC 01/07/98 63FR684
List - Stay/Technical
Amendments
Final Action 38th ITC 01/11/00 65 FR 1548
List - Revocation
Final Action 39th ITC 01/11/00 65 FR 1548
List
Final Action 41st ITC 07/05/00 65 FR 41371
List
Final Action 42nd ITC 07/24/00 65 FR 45535
List
Final Action 47th ITC 04/00/01
List
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
3470. 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
10/29/96 61 FR 55871
12/11/96 61 FR 65186
Final 38th ITC List
Final 38th ITC List -
Stay
Final 38th ITC List - 01/07/98 63FR684
Stay/Technical
Amendment
Final Action 38th ITC 01/11/00 65 FR 1548
List - Revocation
Final Action 39th, 41 st 06/00/01
and 42nd ITC List
Final Action 47th ITC 08/00/01
List
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
3471. 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
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 06/00/01
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
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26222
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
TDD Phone: 202 554-0551
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
3472. 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: 1) prior
to providing lead-based paint activities,
training , and 2) following completion
of lead-based paint activities courses.
These notification requirements are
necessary to provide EPA compliance
monitoring and enforcement personnel
with information necessary to track
compliance activity and to prioritize
inspections. This rule supports 40 CFR
part 745, subpart L to ensure that lead
abatement professionals who inspect,
assess and remove lead-based paint,
dust or soil are well qualified, trained,
and certified to conduct these activities.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/22/01 66 FR 7207
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 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
RIN: 2070-AD31
3473. 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
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
06/00/01
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26223
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
3474. 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 Pesticides- 06/09/99 64 FR 31039
Tolerance
Processing Fees
Supplemental NPRM 07/24/00 65 FR 45569
Processing Fees for
Inert Ingredients
Supplemental NPRM 08/31/00 65 FR 52979
Reopening of
Comment Period
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Phone: 703 305-6598
Fax: 703 305-5884
Email: peterson.carol@epa.gov
Jean Frane, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-5944
Fax: 703 305-5884
Email: frane.jean@epa.gov
RIN: 2070-AD23
3475. 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 sec. 408(q), as amended by the
Food Quality Protection Act (FQPA).
FQPA requires that EPA conduct this
reassessment on a phased 10-year
schedule. Based on its reassessment,
EPA will take a series of regulatory
actions to modify or revoke tolerances.
Since such actions are issued on a
chemical-by-chemical basis, this
regulatory plan entry does not list the
individual actions that are likely to
occur under this program. For status
information about the individual
chemicals, go to
http://www.epa.gov/pesticides.
Timetable:
Additional Information: SAN No. 4027 Action
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: Carol Peterson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506C, Washington,
DC 20460
Date FR Cite
To Be Determined
To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4175
LEGAL DEADLINE CONT: EPA is
required to complete reassessments on
a phased schedule of: 33 percent by
August 3; 1999; 66 percent by August
3; 2002; and 100 percent by August 3;
2006. The Agency will continue to
access pesticide tolerances throughout
year.
Sectors Affected: 32532 Pesticide and
Other Agricultural Chemical
Manufacturing
Agency Contact: Robert McNally,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7508C, Washington,
DC 20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epa.gov
Joseph Nevola, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7508C, Washington, DC
20460
Phone: 703 308-8037
Email: nevola.joseph@epa.gov
RIN: 2070-AD24
3476. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Other Significant
Legal Authority: 15 USC 2603 TSCA
4; 15 USC 2611 TSCA 12; 15 USC 2625
TSCA 26
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA 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 program is to
obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26,2000. Manufacturers of 23
chemicals have been asked to
voluntarily sponsor their chemicals in
the pilot. 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).
Timetable:
Action
Date
FR Cite
Notice Initiation of 08/26/99 64 FR 46673
Stakeholder
Process- Notice of
Public Meetings
Notice Cancellation of 01/13/00 65 FR 2163
Public Meeting
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26224
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Action
Date FR Cite
Notice Stakeholder 03/29/00 65 FR 16590
Involvement
Process - Notice of
Public Meeting
Notice Voluntary 12/26/00 65 FR 81 700
Children's Chemical
Evaluation Program
- Pilot
Notice 08/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 2865
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Ward Penberthy,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, 7405,
Washington, DC 20460
Phone: 202 260-1730
Fax: 202 260-8168
Email: penberthy.ward@epa.gov
Catherine Roman, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-8155
TDD Phone: 202 554-0551
Fax: 202 401-3672
Email: roman.catherine@epa.gov
RIN: 2070-AC27
3477. TEST RULE; 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 end
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
assessments used by EPA, other Federal
agencies, and State and local
governments. The risk assessments
affect standards, guidelines,
listing/delisting, and other decisions
affecting public health and the
environment. The metals 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: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Frank Kover,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-8130
TDD Phone: 202 554-0551
Fax: 202 401-3672
Email: kover.frank@epa.gov
RIN: 2070-AD10
3478. 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.
Timetable:
Action
Date FR Cite
ANPRM 05/13/91 56 FR 22096
NPRM Proposed Ban 03/09/94 59 FR 11122
of Fishing Sinkers
Final Action - Fishing 12/00/02
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
RIN: 2070-AC21
3479. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 TSCA
sec 206
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26225
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
CFR Citation: 40 CFR 763
Legal Deadline: Final, Statutory,
November 28, 1992.
Abstract: The Asbestos School Hazard
Abatement Reauthorization Act
(ASMARA) 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
Model Plan
Interim Final
Final Action
Date FR Cite
05/13/92 57 FR 20438
02/03/94 59 FR 5236
05/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 3148
Sectors Affected: 611519 Other
Technical and Trade Schools
Agency Contact: Cindy Fraleigh,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Tony Baney, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7404,
Washington, DC 20460
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
RIN: 2070-AC51
3480. POLYCHLORINATED
BIPHENYLS (PCBS); USE
AUTHORIZATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
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
06/10/91 56 FR 26738
12/06/94 59 FR 62788
06/29/98 63 FR 35384
12/10/99 64 FR 69358
04/06/00 65 FR 18018
01/00/03
ANPRM
NPRM
Final Action 1 PCB
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
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4179
Sectors Affected: 2211 Electric Power
Generation, Transmission and
Distribution; 211 Oil and Gas
Extraction; 31-33 Manufacturing; 5133
Telecommunications; 622 Hospitals;
6113 Colleges, Universities and
Professional Schools; 921 Executive,
Legislative, Public Finance and General
Government
Agency Contact: 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
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-AD27
3481. LEAD-BASED PAINT
ACTIVITIES; TRAINING,
ACCREDITATION, AND
CERTIFICATION RULE AND MODEL
STATE PLAN RULE - BUILDING AND
STRUCTURES
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; 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 & 06/00/02
Structures)
Final Action (Buildings 12/00/03
& Structures)
Regulatory Flexibility Analysis
Required: Undetermined
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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.
Action
Additional Information: SAN No. 4376 Timetable:
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
Agency Contact: Joel Wolf,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404, Washington,
DC 20460
Phone: 202 260-3890
Fax: 202 260-0770
Email: wolf.joel@epa.gov
RIN: 2070-AC64
Date
FR Cite
3482. LEAD; MANAGEMENT AND
DISPOSAL OF LEAD-BASED PAINT
DEBRIS
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
NPRM TSCA Proposal 12/18/98 63 FR 70189
Comment Extension 02/12/99 64 FR 7158
Extension of
Comment Period
Comment Extension 02/12/99 64 FR 7159
Extension of
Comment Period
Final Action 08/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3508
See also RCRA companion rule:
Temporary Suspension of Toxicity
Characteristic Rule for Specified Lead-
Based Paint Debris (SAN 14263; RIN
2050-AE68).,
NPRM-
http://www.epa.gov/fedrgstr/EPA-
TRI/1998/December/Day-
18/tri33326.htm
Sectors Affected: 233 Building,
Developing and General Contracting;
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
RIN: 2070-AC72
3483. 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: None
Abstract: The Chemical RTK Initiative
was established in 1998 in response to
the finding that most commercial
chemicals have very little, if any,
publicly available toxicity information
on which to make sound judgments
about potential risks. There are three
key components to this initiative, each
of which is being implemented by EPA.
These are: collecting and making public
screening level toxicity data for 2,800
widely used commercial chemicals;
additional health effects testing for
chemicals to which children are
substantially exposed; and the listing
and lowering of thresholds for
persistent, bioaccumulative, toxic
chemicals reported to the Toxic Release
Inventory (TRI). This Initiative will
involve several separate activities, with
any regulatory related actions included
as separate entries in the Regulatory
Agenda.
Timetable:
Action
Date FR Cite
Notice Data Collection 12/26/00 65 FR 81686
and Development
on HPV Chemiclas
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
See also items identified under the
following RINs 2070-AD09; 2070-AD38;
RIN 2070-AD16; RIN 2070-AC27.
Sectors Affected: 32411 Petroleum
Refineries; 325 Chemical Manufacturing
Agency Contact: Barbara Leczynski,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405, Washington,
DC 20460
Phone: 202 260-3945
Fax: 202 260-1096
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26227
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Email: leczynski.barbara@epa.gov
Mary Dominiak, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405, Washington, DC
20460
Phone: 202 260-7768
Fax: 202 260-1096
Email: dominiak.mary@epa.gov
RIN: 2070-AD25
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
3484. POLYCHLORINATED
BIPHENYLS (PCBS);
RECLASSIFICATION OF PCB AND
PCB CONTAMINATED ELECTRICAL
EQUIPMENT FINAL RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 761
Completed:
Reason
Date
FR Cite
Final Action. 04/02/01 66 FR 17601
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
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: Julie Simpson
Phone: 202 260-7873
Fax: 202 260-1724
Email: simpson.julie@epa.gov
Tony Baney
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
RIN: 2070-AC39
3485. ASBESTOS WORKER
PROTECTION RULE AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 763
Completed:
Reason
Date
FR Cite
Final Action 11/15/00 65 FR 69210
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Sectors Affected: 92111 Executive
Offices; 92311 Administration of
Education Programs; 92312
Administration of Public Health
Programs; 92411 Air and Water
Resource and Solid Waste Management
Agency Contact: Cindy Fraleigh
Phone: 202 260-1537
Fax: 202 260-1724
Email: fraleigh.cindy@epa.gov
Tony Baney
Phone: 202 260-3933
Fax: 202 260-1724
Email: baney.tony@epa.gov
RIN: 2070-AC66
3486. LEAD; IDENTIFICATION OF
DANGEROUS LEVELS OF LEAD
PURSUANT TO TSCA SECTION 403
Priority: Economically Significant.
Major under 5 USC 801.
CFR Citation: 40 CFR 745
Completed:
Reason
Date
FR Cite
Final Action 01/05/01 66 FR 1205
Identification of
Dangerous Levels
of Lead
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
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; 61171 Educational Support
Services; 54138 Testing Laboratories;
54161 Management Consulting
Services; 61151 Technical and Trade
Schools; 92511 Administration of
Housing Programs
Agency Contact: Dave Topping
Phone: 202 260-7737
Fax: 202 260-0770
Email: topping.dave@epa.gov
Lin Moos
Phone: 202 260-1866
Fax: 202 260-0770
Email: moos.lin@epa.gov
RIN: 2070-AC63
3487. • POLYCHLORINATED
BIPHENYLS (PCBS); RETURN OF PCB
WASTE FROM U.S. TERRITORIES
OUTSIDE THE CUSTOMS TERRITORY
OF THE UNITED STATES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605 et seq
CFR Citation: 40 CFR sec 761.99(c)
Legal Deadline: None
Abstract: This proposed interpretive
rule would allow the movement of PCB
waste for disposal among any States of
the United States, as defined in TSCA
sections 3(13) and 3(14), regardless of
whether the waste enters or leaves the
customs territory of the United States,
provided that the PCBs in the waste
were present in the United States on
January 1, 1979, when the ban on
manufacturing took effect, and has
remained within the United States
since that date. This would allow PCB
waste that was present in the territories
and possessions at the time TSCA's ban
on manufacturing took effect, and that
remained within the territories and
possessions since that date, to be stored
and disposed of in any facility in the
United States that meets the
requirements of 40 CFR part 761,
subpart D. It would also allow PCBs
that were present in the territories and
possessions at the time TSCA's bans
took effect, but were not designated as
waste until after that date, to be stored
and disposed of in any subpart D
facility in the United States, as long
as the PCBs and PCB waste had
remained in the United States. Finally,
it would allow PCBs or PCB wastes that
were transferred from an area in the
United States that is outside the
territories and possessions, but that was
moved to a territory or possession after
January 1, 1979, and that has never left
the United States, to be stored and
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EPA—Toxic Substances Control Act (TSCA)
Completed Actions
disposed of in any subpart D facility
in the United States. EPA would not
consider movement of any of these
wastes to the customs territory of the
United States to be an import subject
to the ban on manufacturing under
TSCA section 6(e).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/01/00 65 FR 65654
03/30/01 66 FR 17467
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4488
Sectors Affected: 211111 Crude
Petroleum and Natural Gas Extraction;
311 Food Manufacturing; 324
Petroleum and Coal Products
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 331 Primary
Metal Manufacturing; 5622 Waste
Treatment and Disposal; 56292
Materials Recovery Facilities; 92 Public
Administration
Agency Contact: 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
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-AD46
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
3488. 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 HOOI 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, and the motor vehicle
maintenance 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
10/00/01
10/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4265
Formerly listed as RIN 2070-AD39.
By Statute and Regulation, this rule
will affect SIC codes 20-39, 10 (except
SIC codes 1011, 1081, 1094), 12 (except
SIC code 1241), 4911, 4931, 4939, 4953,
5169, 5171, and 7389.
Agency Contact: Lawrence 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
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AA06
3489. 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 reco 'arable minerals and
contains only trace amounts of EPCRA
section 313 cr eriicals). NMA asserts
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EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Proposed Rule Stage
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
Final Rule
12/00/01
12/00/02
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 4392
Formerly 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,
Washington, DC 20460
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AA08
3490. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS AND STREAMLINING
RULE
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: This rule will address the
remaining issues from the proposed
rule of June 8, 1998. {Reporting
thresholds for gasoline and diesel fuel
at retail gas stations were included in
a separate final rule; 64 FR 7031,
February 11, 1999.) This rule will
include: reporting thresholds for rock
salt, sand, gravel and other chemicals
that pose minimal risk; plain language
rewrite; and may consider reporting
thresholds for facilities with some
similarities to gas stations (motor pools,
marinas, etc.) and guidance on
approaches to State flexibility.
Timetable:
Action
Date
FR Cite
NPRM 06/08/98 63 FR 31268
Supplemental NPRM 08/00/01
Final Action 08/00/02
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,
5104A
Phone: 202 564-7992
Fax: 202 564-8233
Email: ferris.john@epa.gov
Sicy Jacob, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE17
3491. 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
NPRM
06/00/01
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: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104 A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
RIN: 2050-AE43
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26230
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Final Rule Stage
3492. 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.
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 10/27/95 60 FR 54949
(Request to Delete)
NPRM Chromite Ore 02/23/99 64 FR 8775
from Transvaal Reg.
ofS.A.
NPRM Diisononyl 09/05/00 65 FR 53681
phthalate(DINP)
(Request to Add)
Response Alloys-- 04/00/01
Chromium & Nickel
& Copper Alloys
(Req. to Modify)
Final Action Chromite 04/00/01
Ore from Transvaal
Reg. of S.A.
Response Chromium, 06/00/01
Antimony, Titanite
Petition
Final Response 11/00/01
DBNPA (Request to
Delete)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 2425
Formerly listed as RIN 2070-ACOO.
Statutory deadline: Within 180 days of
receipt the Agency must either initiate
rulemaking or explain why not in the
Federal Register. Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: 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
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AAOO
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
3493. TRI; CHEMICAL EXPANSION;
FINALIZATION OF DEFERRED
CHEMICALS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013 EPCRA
313; 42 USC 11023; 42 USC 11048; 42
USC 11076
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: On November 30, 1994, EPA
added 286 chemicals and chemical
categories to the EPCRA section 313
list, including 39 chemicals as part of
two delineated categories. Each
chemical and chemical category was
found to meet the statutory criteria
described in EPCRA section
313(d)(2)(A)-(C). At this time, EPA
deferred final action on 40 chemicals
and one chemical category until a later
date. These were deferred because the
comments received on them raised
difficult technical or policy issues
which required additional time to
address. EPA chose not to delay final
action on the 286 chemicals and
chemical categories because of the
additional time needed to address the
issues surrounding the smaller group of
40 chemicals and one chemical
category; rather, EPA believed it to be
in the spirit of community right-to-
know to proceed with the final
rulemaking of the additional chemicals
and chemical categories.
Timetable:
Action
Date FR Cite
NPRM 01/12/94 59 FR 1788
Supplemental NPRM 12/00/02
Deferred Chemicals
Final Action Deferred 12/00/03
Chemicals
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3007
Formerly 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: 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
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26231
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AA01
3494. TRI; REVIEW OF CHEMICALS
ON THE ORIGINAL TRI LIST
Priority: Other Significant
Legal Authority: 42 USC 1101 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: When TRI was established by
Congress in 1986, the statutory
language placed 309 chemicals and 20
categories of chemicals on the TRI list;
that is referred to as the original TRI
list. The chemicals on the original list
were taken from two existing lists of
toxic substances: the Maryland
Chemical Inventory Report List of
Toxic or Hazardous Substances, and the
New Jersey Environmental Hazardous
Substances list. This action constitutes
the first systematic review of toxicology
and environmental data for all the
chemicals on the original TRI list to
determine whether data for those
chemicals conform with the statutory
criteria for listing of chemicals on TRI.
Chemicals for which data do not meet
the statutory criteria will be delisted.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/02
09/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4015
Formerly listed as RIN 2070-AD18.
AFFECTED SECTORS: Manufacturing
industries in SIC codes 20-39 plus the
following industries and SIC codes:
Metal Mining (SIC code 10 except SIC
codes 1011, 1081, and 1094); Coal
Mining (SIC code 12 except SIC code
1241); Electric Utilities (SIC codes
4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and Solvent Recovery Services
(SIC code 7389).
Agency Contact: Steve Devito,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-6185
Fax: 202 401-8142
Email: devito.steve@epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AA03
3495. TRI; POLLUTION PREVENTION
ACT INFORMATION REQUIREMENTS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 11013
Pollution Prevention Act
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: Section 6607(b) of the
Pollution Prevention Act of 1990 (PPA)
(Pub. L. 101-508) requires the addition
of several data elements to the Toxic
Chemical Release Inventory (TRI)
reporting requirements as promulgated
under section 313 of the Emergency
Planning and Community Right-to-
Know Act of 1986 (EPCRA) (Pub. L.
99-499). Section 313 of EPCRA requires
owners or operators of certain facilities
that manufacture, process, or otherwise
use listed toxic chemicals to annually
report their releases of these chemicals
to each environmental medium. The
PPA mandates that section 313 covered
facilities also report on source
reduction and recycling activities
relating to the toxic chemicals
beginning with the 1991 reporting year.
Since 1991 covered facilities have been
providing this information to EPA in
section 8, Source Reduction and
Recycling Activities, of EPA Form R.
On September 25,1991 (56 FR 48475),
EPA proposed regulations which would
provide definitions and instructions for
reporting the PPA data elements on the
EPA Form R. In this action, EPA will
amend certain aspects of the September
25, 1991, proposed rule.
Timetable:
Action
Date
FR Cite
NPRM
Supplemental NPRM
Response
Combustion for
Energy Recovery
(Request to Modify)
Final Action
09/25/91 56 FR 48475
To Be Determined
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 2847
Formerly listed as RIN 2070-AC24.
Affected Sectors Include:
Manufacturing industries in SIC codes
20-39 plus the following industries and
SIC codes: Metal Mining (SIC code 10
except SIC codes 1011, 1081, and
1094); Coal Mining (SIC code 12 except
SIC code 1241); Electric Utilities (SIC
codes 4911, 4931, 4939); Commercial
Hazardous Waste Treatment (SIC code
4953); Chemicals and Allied Products-
Wholesale (SIC code 5169); Petroleum
Bulk Terminals and Plants (SIC code
5171); and, Solvent Recovery Services
(SIC code 7389).
Agency Contact: John Dombrowski,
Environmental Protection Agency,
Office of Environmental Information,
2844, Washington, DC 20460
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
Amy Newman, Environmental
Protection Agency, Office of
Environmental Information, 2844,
Washington, DC 20460
Phone: 202 260-1846
Fax: 202 401-8142
Email: newman.amy@epa.gov
RIN: 2025-AA09
3496. 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
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26232
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Emergency Planning and Community Right-to-Know Act (EPCRA)
Long-Term Actions
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,
5104A
Phone: 202 564-8019
Fax: 202 564-8233
Email: jacob.sicy@epa.gov
John Ferris, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5104A
Phone: 202 564-7992
Fax: 202 564-8233
Email: ferris.john@epa.gov
RIN: 2050-AE42
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Emergency Planning and Community Right-to-Know Act (EPCRA)
Completed Actions
3497. TRI; LOWERING OF EPCRA
SECTION 313 REPORTING
THRESHOLDS FOR LEAD AND LEAD
COMPOUNDS
Priority: Other Significant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Final Action
01/17/01 66 FR 4500
Reason
Date
FR Cite
Final Action Effective 02/16/01 66 FR 10585
Date Delayed
Final Action Effective 04/17/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Daniel R. Bushman
Phone: 202 260-3882
Fax: 202 401-8142
Email: bushman.daniel@epa.gov
John Dombrowski
Phone: 202 260-0420
Fax: 202 401-8142
Email: dombrowski.john@epa.gov
RIN: 2025-AA05
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3498. REMOVAL OF REQUIREMENT
TO USE SW-846 METHODS (TEST
METHODS FOR EVALUATING SOLID
WASTE: PHYSICAL/CHEMICAL
METHODS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921-6927; 42 USC
6930; 42 USC 6934-6939; 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 02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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
3499. STANDARDIZED PERMIT FOR
RCRA HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912; 42 USC 6924; 42 USC 6925; 42
USC 6927; 42 USC 6939; 42 USC 6974
CFR Citation: 40 CFR 124; 40 CFR 267;
40 CFR 270
Legal Deadline: None
Abstract: EPA is considering creating
a new type of general permit, called
a standardized permit, for facilities that
generate waste and routinely manage
the waste on-site in tanks, containers,
and containment buildings. Under the
standardized permit, facility owners
and operators would certify compliance
with generic design and operating
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26233
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
conditions set on a national basis. The
permitting agency would review the
certifications submitted by the facility
owners and operators. The permitting
agency would also be able to impose
additional site-specific terms and
conditions for corrective action or other
purposes, as called for by RCRA.
Ensuring compliance with the
standardized permit's terms and
conditions would occur during
inspection of the facility after the
permit has been issued. The
standardized permit should streamline
the permit process by allowing facilities
to obtain and modify permits more
easily while maintaining the
protectiveness currently existing in the
individual RCRA permit process. This
proposal also raises issues for public
comment on how all facilities receiving
RCRA permits can satisfy RCRA
corrective action requirements under
appropriate alternative state cleanup
programs and on financial assurance
issues.
Timetable:
Action
Date
FR Cite
NPRM
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4028
Sectors Affected: 332813
Electroplating, Plating, Polishing,
Anodizing and Coloring; 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
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
3500. 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: None
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 EOF v. Browner, Civil
Action No. 89-0598 D.D.C.
As part of the listing of dyes and
pigments effort, EPA will also develop
land disposal restrictions for these dyes
and pigments.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM Dyes I
NPRM Dyes II
(deferred wastes)
NPRM Dyes I Land
Disposal
Restrictions
12/22/94 59 FR 66072
07/23/99 64 FR 40192
10/00/01
To Be Determined
To Be Determined
To Be Determined
To Be Determined
NoDA Dyes I Notice of
Data Availability.
See judicial
deadlines.
NoDA Dyes II Notice
of Data Availability.
See judicial
deadlines.
Final Action Dyes I.
See judicial
deadline.
Final Action Dyes II
(deferred wastes).
See judicial
deadline.
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3066
Judicial deadlines: Dyes II (deferred
wastes) NPRM: met deadline of
6/30/1999. Dyes I & II NODAs due by
67 days after the injunction is lifted
from Magruder case. NPRM for LDRs
due 3 months after NODAs are signed
Dyes I and II final rules due 13 months
after NODAs are signed.
Sectors Affected: 325132 Organic Dye
and Pigment Manufacturing
Agency Contact: Sue Slotnick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-8462
Fax: 703 308-0522
Email: slotnick.sue@epa.gov
Wanda LeBlue, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W,
Washington, DC 20460
Phone: 703 308-0438
Fax: 703 308-0522
Email: leblue.wanda@epa.gov
RIN: 2050-AD80
3501. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a) RCRA
sec 6002(e)
CFR Citation: 40 CFR 247
Legal Deadline: None
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26234
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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
and RMAN 3)
NPRM(CPG4and
RMAN 4)
Final Action (CPG4
and RMAN 4)
01/19/00 65 FR 3069
05/00/01
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
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
3502. 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, 2002, 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
Action
Date
FR Cite
NPRM Cement Kilns & 04/19/96 61 FR 17358
Lightweight
Aggregate Kilns &
Incinerators
Final Action MACT 06/19/98 63 FR 33782
Fasttrack
Final Action Cement 09/30/99 64 FR 52828
Kilns & LWAKs &
Incinerators (Final-
Phase I)
NPRM Boilers & Other 01/00/02
Industrial Furnaces
(Phase II)
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
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
3503. HAZARDOUS WASTE MANIFEST
REGULATION
Priority: Other Significant
Legal Authority: 42 USC 6922 RCRA
sec 3002; 42 USC 6923 RCRA sec 3003;
42 USC 6924 RCRA sec 3004; 42 USC
6926 RCRA sec 3006; PL 105-277, Title
17 Government Paper Elimination Act
CFR Citation: 40 CFR 260; 40 CFR 262;
40 CFR 263; 40 CFR 264; 40 CFR 265;
40 CFR 271
Legal Deadline: None
Abstract: The Uniform Hazardous
Waste Manifest (Form 8700-22) is a
multi-copy form used to identify the
quantity, composition, origin, routing,
and destination of hazardous waste
during its transportation. 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 intends to pursue an
optional approach to redesign the
manifest system so that it utilizes
automated technologies to increase
access to manifest related information,
and to facilitate the manifest process,
including the form's preparation,
transmission, and recordkeeping,
thereby lessening the total burden on
waste handlers and States that choose
to collect manifests. In addition, the
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26235
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Agency intends to standardize further
the manifest form itself, by eliminating
several optional data fields.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/01
07/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3147
Sectors Affected: 2111 Oil and Gas
Extraction; 2122 Metal Ore Mining;
2211 Electric Power Generation,
Transmission and Distribution; 3221
Pulp, Paper, and Paperboard Mills; 323
Printing and Related Support Activities;
325 Chemical Manufacturing; 326
Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 482 Rail
Transportation; 483 Water
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
5622 Waste Treatment and Disposal
Agency Contact: 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
3504. OFFICE OF SOLID WASTE
BURDEN REDUCTION PROJECT
Priority: Other Significant
Legal Authority: 42 USC 6907; 42 USC
6912(a); 42 USC 6921 to 6927; 42 USC
6930; 42 USC 6934; 42 USC 6935; 42
USC 6937 to 6939; 42 USC 6944; 42
USC 6949(a); 42 USC 6974; PL 104-13
CFR Citation: 40 CFR 260; 40 CFR 261;
40 CFR 264; 40 CFR 265; 40 CFR 266;
40 CFR 268; 40 CFR 270
Legal Deadline: None
Abstract: EPA plans to reduce the
burden imposed by the RCRA reporting
and recordkeeping requirements to help
meet the Federal government-wide goal
established by the Paperwork
Reduction Act (PRA). The information
collection burden for the regulations
EPA implements under RCRA in 1995
(the PRA baseline) was 12,600,000
hours. To meet EPA's PRA 2001 goal
(a 40% reduction), EPA needs to
eliminate five million hours to reach
a figure of 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)
eliminating or modifying one-third of
the 334 RCRA-required notices and
reports that are sent by the regulated
community to states and EPA; (2)
eliminating the RCRA emergency
response training requirements that
overlap with the Occupational Safety
and Health Administration
requirements; (3) eliminating the need
for facilities to record personnel
descriptions; (4) decreasing the
owner/operator self-inspection
frequency of hazardous waste tanks to
weekly; (5) providing states and EPA
with the opportunity to lengthen
owner/operator self-inspection
frequencies on a case-by-case basis for
containers, containment buildings, and
tanks; (6) 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 (7) modifying the
groundwater monitoring requirements
for hazardous waste facilities.
Timetable:
Action
Notice of Data
Availability
NPRM
Date
06/18/99
07/00/01
FR Cite
64 FR 32859
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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; 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; 324 Petroleum and Coal
Products Manufacturing
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
3505. MODIFICATIONS TO RCRA
RULES ASSOCIATED WITH SOLVENT-
CONTAMINATED SHOP TOWELS AND
WIPES
Priority: Other Significant
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.
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
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
Phone: 703 308-8827
Fax: 703 308-0514
Email: oleary.jim@epa.gov
RIN: 2050-AE51
3506. 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
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 09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4092
Sectors Affected: 334411 Electron
Tube Manufacturing
Agency Contact: Marilyn Goode,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-8800
Fax: 703 308-0522
Email: goode.marilyn@epa.gov
RIN: 2050-AE52
3507. REINVENTING THE LAND
DISPOSAL RESTRICTIONS PROGRAM
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6924
CFR Citation: 40 CFR 268
Legal Deadline: None
Abstract: The 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 an Advance Notice of
Proposed Rulemaking (ANPRM), we
described our initial thinking on
potential changes to the LDR program
and asked for public comments and
data. We intend to publish a proposed
rule based on the comments we
received in response to the ANPRM.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
06/19/00 65 FR 37932
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4093
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
3508. REVISIONS TO SOLID WASTE
LANDFILL CRITERIA—LEACHATE
RECIRCULATION ON ALTERNATIVE
LINERS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6944; 42 USC 6949a
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26237
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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 04/06/00 65 FR 18014
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4230
Sectors Affected: 562 Waste
Management and Remediation Services
Agency Contact: Dwight Hlustick,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306W, Washington, DC 20460
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@.epa.gov
Deborah Hanlon, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W,
Washington, DC 20460
Phone: 703 308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE67
3509. PROPOSED RULE:
REGULATION OF OIL BEARING
WASTES FROM PETROLEUM
REFINERIES GASIFIED TO PRODUCE
SYNTHESIS GAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6923; 42 USC 6924; 42 USC
6925; 42 USC 6926; 42 USC 6927; 42
USC 6930; 42 USC 6934; 42 USC 6935;
42 USC 6937; 42 USC 6938; 42 USC
6939; ...
CFR Citation: 40 CFR 260; 40 CFR 261
Legal Deadline: None
Abstract: We are proposing to broaden
existing RCRA exclusions from the
definition of solid waste for oil bearing
residuals from petroleum refineries
recycled in gasification devices to
produce synthesis gas.
Timetable:
Action
Date FR Cite
NPRM
Interim Notice of Data
Availability
Notice of Data
Availability and
Request for
Comment
Final Action
Final Action Technical
Amendments
NPRM
Final Action
11/20/95 60 FR 57747
04/08/97 62 FR 16747
07/15/98 63 FR 38139
08/06/98 63 FR 42110
10/09/98 63 FR 54356
11/00/01
11/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4411
This is an extension of a previous
notice that contained RIN 2050-AD88.
Agency Contact: 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
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
RIN: 2050-AE78
3510. NESHAPS: STANDARDS FOR
HAZARDOUS AIR POLLUTANTS FOR
HAZARDOUS WASTE COMBUSTORS
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 recovery
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 HWC Maximum Achievable
Control Technology (MACT) 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 to
and clarify certain provisions of the
final Phase I rule.
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 Phase I 05/00/01
Clarifications and
Proposed Changes
Final Action Phase 1 10/00/01
Clarifications and
Changes Final Rule
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4418
Split from RIN 2050-AE01. The Agency
will develop a Technical
Implementation Guidance on Phase I.
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
3511. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION WASTES GENERATED
BY COMMERCIAL ELECTRIC POWER
PRODUCERS
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(a)
CFR Citation: 40 CFR 257
Legal Deadline: None
Abstract: This action is for the
development of proposed 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 non-hazardous wastes)
are appropriate for certain coal
combustion wastes that are disposed 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.
We note, however, 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.
Timetable:
Action
Date FR Cite
NPRM 12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 4470
Any Federal, State, local or tribal
governments that own coal-burning
commercial 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
3512. • REVISION OF WASTEWATER
TREATMENT EXEMPTIONS FOR
HAZARDOUS WASTE MIXTURES
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 6921;
6922; 6924; 6926
CFR Citation: 40 CFR
261.3(a)(2)(iv)(A)-(E)(Revision)
Legal Deadline: None
Abstract: EPA is looking into
proposing to add up to four solvents
(benzene, 2-ethoxyethanol, 1,1,2-
trichloroethane, and 2-nitropropane) to
the hazardous waste exemptions for
mixtures of spent solvents in
wastewater treatment plants
("headworks rule") at 40 CFR
261.3(a)(2)(iv)(A)-(B). Spent solvents are
solvents that have been used and are
no longer fit for use without being
regenerated, reclaimed, or otherwise
processed. In addition, EPA is
considering proposing: (1) changes to
implementation of rule from using mass
balance only, to choice of using direct
monitoring; (2) adding certain leachates
to allowed categories of wastestreams;
and (3) revising other provisions of
rule, such as de minimis quantities and
the definition of point of application
of exemption.
Timetable:
Action Date FR Cite
NPRM - Revisions for 12/00/01
Wastewater
Treatment
Exemptions
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: No
Government Levels Affected: State,
Federal
Federalism: Undetermined
Additional Information: SAN No. 4501
Sectors Affected: 31-33 Manufacturing;
562 Waste Management and
Remediation Services
Agency Contact: Ron Josephson,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-0442
Fax: 703 308-0522
Email: josephson.ron@epa.gov
Tracy Atagi, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304W
Phone: 703 308-8672
Email: atagi.tracy@epa.gov
RIN: 2050-AE84
3513. • AMENDMENT TO THE
DEFINITION OF MUNICIPAL SOLID
WASTE LANDFILL UNIT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907(a)(3); 42
USC 6912(a); 42 USC 6944; 42 USC
6949a
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26239
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
CFR Citation: 40 CFR 257; 40 CFR 258 CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: EPA is revising the definition
of municipal solid waste landfill
(MSWLF) unit and adding the
definition of residential lead-based
paint waste, both in 40 CFR part 257
and within the Municipal Solid Waste
Landfill Criteria in 40 CFR part 258.
We are making these changes in order
to allow construction and demolition
(C&D) landfills and other nonmunicipal
nonhazardous waste disposal units to
receive residential lead-based paint
(LBP) waste without having to comply
with the Municipal Solid Waste
Landfill Criteria in 40 CFR Part 258.
EPA believes that disposal of
residential LBP waste in C&D landfills
and other nonhazardous nonmunicipal
waste disposal units is protective of
public health and the environment
while being less costly than disposal
in MSWLFs.
Timetable:
Action
Date FR Cite
NPRM
Direct Final Rule
09/00/01
09/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Federalism: Undetermined
Additional Information: SAN No. 4525
Sectors Affected: 235 Special Trade
Contractors; 23599 All Other Special
Trade Contractors; 562212 Solid Waste
Landfill
Agency Contact: Susan Nogas,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304, 5306W, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 308-8686
Email: nogas.sue@epa.gov
RIN: 2050-AE86
3514. PROJECT XL — ORTHO-MCNEIL
PILOT PROJECT ALLOWING ON-SITE
TREATMENT OF LOW-LEVEL MIXED
WASTES WITHOUT RCRA PERMIT
Priority: Info./Admin./Other
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924(y); 42 USC 6938
Legal Deadline: None
Abstract: This site-specific rulemaking
would allow Ortho-McNeil
Pharmaceutical to treat small volumes
of low-level mixed wastes on-site using
a bench-scale catalytic oxidizing
treatment unit. This treatment
effectively destroys the organic
component of the wastestream, yielding
a residual that is only a low-level
radioactive waste.
Timetable:
Action
Date FR Cite
NPRM
04/00/01
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, Washington, DC
20460
Phone: 202 260-2601
Fax: 202 401-2474
Email: birnbaum.nancy@epa.gov
RIN: 2090-AA14
3515. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR ANNE ARUNDEL
COUNTY MILLERSVILLE LANDFILL,
SEVERN, MARYLAND
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: Anne Arundel County
proposes to demonstrate that a
bioreactor with an alternative liner
system is as effective, or superior to
a bioreactor with the standard
composite liner currently allowed by
regulations. The main goal of this
project is to deliver superior
environmental performance (SEP) by
capturing the additional airspace
gained by accelerated decomposition of
the waste. This benefits the County and
its citizens by prolonging the life of the
landfill and thereby postponing the
siting of new solid waste management
facilities, with their attendant social
impacts, environmental impacts, and
economic costs. Environmental benefits
of this project include: (1) Reduced
need for construction of new landfills
and corresponding reduction (or
elimination) of the land, air, and water
impacts associated with landfill
construction; (2) Decreased
concentration of most leachate
constituents as cycling of leachate
removes or reduces contaminants; (3)
Reduction in the amount of leachate
requiring pretreatment; (4) Reduction in
the amount of leachate that the facility
discharges to the local wastewater
treatment plant, and subsequent
discharge of effluent to the Patuxent
River; and (5) Reduction in post-closure
care, maintenance and risk (bioreactor
landfills minimize long-term
environmental risk and liability due to
the controlled settlement of the solid
waste during landfill operation, low
potential for leachate migration into the
subsurface environment, and the
recovery of landfill gas during
operation].
Timetable:
Action
Date FR Cite
NPRM
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local
Additional Information: SAN No. 4534
Agency Contact: Sherri Walker,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4295
Fax: 202 260-3125
Email: walker.sherri@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2090-AA25
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3516. PAINT MANUFACTURING
WASTES LISTING: HAZARDOUS
WASTE MANAGEMENT SYSTEM:
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Priority: Other Significant
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 28, 2001, Administrator signed
proposal on 1/25/2001.
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.
Specific wastes to be addressed are
water/caustic cleaning wastes, solvent
cleaning wastes, emission control
dusts/sludges, waste water treatment
sludges, and off-spec product.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/13/01 66 FR 10060
03/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 3805
Agency Contact: 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
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
RIN: 2050-AE32
3517. MANAGEMENT OF CEMENT
KILN DUST (CKD)
Priority: Other Significant
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 256
Legal Deadline: None
Abstract: Cement kiln dust (CKD) is a
high volume material byproduct 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 regulations that
would be tailored to protect human
health and the environment while
limiting burden on the regulated
community. These tailored regulations
would be developed under RCRA
subtitle C and, if necessary, the Clean
Air Act. As part of its regulatory
development effort, EPA has initiated
further studies and has held informal
discussions with stakeholders. A
proposed rule was issued (64 FR 45632,
8/20/99) which included a
comprehensive set of standards for the
management of CKD. EPA is currently
developing the final preamble and rule,
which will address comments received
on the proposal.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/20/99 64 FR 45631
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
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
Fax: 703 308-8686
Email: souders.steve@epa.gov
RIN: 2050-AE34
3518. STORAGE, TREATMENT,
TRANSPORTATION, AND DISPOSAL
OF MIXED WASTE
Priority: Other Significant
Legal Authority: 42 USC 6905; 42 USC
6912(a); 42 USC 6921; 42 USC 6922;
42 USC 6924; 42 USC 6926; 42 USC
6925; 42 USC 6927; 42 USC 6934; 42
USC 6937
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 rule is to
provide flexibility under RCRA Subtitle
C to generators of eligible mixed waste.
The Agency proposed 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. Upon
finalization, the rule is expected to
reduce dual regulation for generators in
the management and disposal of their
wastes. This flexibility should enable
generators of LLMW who are licensed
by the Nuclear Regulatory Commission
(NRC) to claim an exemption for storing
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26241
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
and treating these wastes in tanks or
containers (using solidification,
neutralization, or other stabilization
processes) without a RCRA permit. This
rule may also provide flexibility for the
manifesting, transportation and
disposal of eligible mixed waste. Waste
meeting the conditions may be
exempted from certain RCRA Subtitle
C hazardous waste requirements and
managed as low-level radioactive waste
in accordance with NRC regulations.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
03/01/99 64 FR 10063
11/19/99 64 FR 63463
04/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4017
SIC Codes: Nuclear Electric Power
Generation (4911); Federal Facilities
(9431) and (9511); Mixed Waste
Treatment, Storage and Disposal
Facilities (4953); Commercial Low
Level Radioactive Waste Disposal
Facilities (4953); Universities (8221);
Medical Facilities (8071);
Pharmaceutical Companies (2834);
Research Laboratories (8731, 8734)
Sectors Affected: 221113 Nuclear
Electric Power Generation; 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: 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
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
RIN: 2050-AE45
3519. 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
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4088
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-0046
Fax: 703 308-8609
Email: svizzero.michael@epa.gov
RIN: 2050-AE47
3520. 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 settlement agreement,
proposed to amend the regulations for
hazardous waste management under the
Resource Conservation and Recovery
Act (RCRA) to reduce hazards to
human health and the environment for
three wastes from the manufacturing of
inorganic chemicals. EPA also proposed
to add manganese to 40 CFR 261,
Appendix VII and VIII; the 40 CFR 268
UTS table; and the F039 landfill
leachate listing. Under the settlement
agreement, EPA had to review the
wastes from 14 inorganic chemical
manufacturing sectors including:
sodium dichromate production wastes,
wastes from the dry process for
manufacturing phosphoric acid,
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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). EPA published a proposal on
September 14, 2000. The rule was
proposed under the authority of section
3001(e)(2) of RCRA which directs EPA
to make hazardous waste listing
determinations for inorganic chemical
manufacturing wastes. The FR notice
proposes to list as hazardous three
specific wastes under 40 CFR Part 261:
1) baghouse filters from the production
of antimony oxide; 2) slag from the
production of antimony oxide that is
disposed of or speculatively
accumulated; and 3) nonwastewaters
from the production of titanium
dioxide by the chloride-ilmenite
process. The remaining wastes
evaluated in the rule were proposed to
not be listed as hazardous wastes. EPA
will evaluate public comments on the
proposal and develop the final rule.
This action will include final Land
Disposal Restrictions for the final listed
wastes. Where possible, newly listed
wastes will be given CERCLA
Hazardous Substance Designation and
Reportable Quantities assigned.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/14/00 65 FR 55684
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4083
Sectors Affected: 32518 Other Basic
Inorganic Chemical Manufacturing;
325131 Inorganic Dye and Pigment
Manufacturing; 325312 Phosphatic
Fertilizer Manufacturing; 31611 Leather
and Hide Tanning and Finishing; 313
Textile Mills; 325611 Soap and Other
Detergent Manufacturing
Agency Contact: Sue Burnell,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W, Washington, DC 20460
Phone: 703 308-8653
Fax: 703 308-0522
Email: burnell.sue@epa.gov
Gwen DiPietro, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W
Phone: 703 308-8285
Fax: 703 308-0522
Email: dipietro.gwen@epa.gov
RIN: 2050-AE49
3521. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA (REVISION)
Priority: Other Significant
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
NPRM
NPRM
Notice of Data
Availability
Final Action
Date
07/01/91
10/12/94
09/00/01
03/00/02
FR Cite
56 FR 30201
59 FR 51 523
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
Additional Information: SAN No. 2647
Sectors Affected: 323110 Commercial
Lithographic Printing; 323114 Quick
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; 33299
All Other Fabricated Metal Product
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; 221112 Fossil Fuel Electric
Power Generation; 22132 Sewage
Treatment Facilities; 56292 Materials
Recovery Facilities; 42271 Petroleum
Bulk Stations and Terminals; 45431
Fuel Dealers; 4411 Automobile Dealers;
4471 Gasoline Stations; 811111 General
Automotive Repair
Agency Contact: Dale Ruhter,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5303W, Washington, DC 20460
Phone: 703 308-8192
Fax: 703 308-8609
Email: ruhter.dale@epa.gov
RIN: 2050-AC71
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26243
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
3522. HAZARDOUS WASTE
IDENTIFICATION RULE (HWIR):
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTES
Priority: Other Significant
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: Final, Judicial, April
30, 2001.
Other, Judicial, October 31, 1999,
Reproposal.
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 the Resource Conservation and
Recovery Act (RCRA). These rules are
currently in effect on an emergency
basis. 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, corrosively,
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.
Timetable:
Action
Date
FR Cite
NPRM 05/20/92 57 FR 21450
NPRM Withdrawn 10/30/92 57 FR 49280
NPRM Reproposal 12/21/95 60 FR 66344
NPRM Reproposal 11/19/99 64 FR 63381
Notice of Data 07/18/00 65 FR 44491
Availability
Final Action 05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 3328
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing; 331 Primary
Metal Manufacturing; 332 Fabricated
Metal Product Manufacturing; 333
Machinery Manufacturing; 334
Computer and Electronic Product
Manufacturing; 335 Electrical
Equipment, Appliance and Component
Manufacturing; 336 Transportation
Equipment Manufacturing
Agency Contact: Tracy Atagi,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-8672
Email: atagi.tracy@epa.gov
Adam Klinger, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304W
Phone: 703 308-3267
Fax: 703 308-0514
Email: klinger.adam@epa.gov
RIN: 2050-AE07
3523. 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 08/22/00 65 FR 51079
Final Action 10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
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
3524. PROJECT XL SITE-SPECIFIC
RULEMAKING FOR THE U.S. FILTER
RECOVERY SERVICES, ROSEVILLE,
MINNESOTA, AND APPROVED
GENERATORS AND TRANSPORTERS
OF USFRS XL WASTE
Priority: Substantive, Nonsignificant
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
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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
04/00/01
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: 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
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
RIN: 2090-AA15
3525. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR YOLO COUNTY
LANDFILL, DAVIS, YOLO COUNTY,
CALIFORNIA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949)
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: Yolo County proposed a
project under EPA's Project XL to use
certain bioreactor techniques at its
municipal solid waste landfill
(MSWLF), specifically the recirculation
of leachate and the addition of bulk or
non-containerized liquid wastes into
the landfill to accelerate the
biodegradation of landfill waste and
decrease the time it takes for the waste
to stabilize in the landfill. The
principal objective of this bioreactor XL
project is to evaluate waste
decomposition rates when leachate is
supplemented with other liquid
additions. In order to carry out this
project, Yolo County would need relief
from certain requirements in EPA
regulations which set forth operating
criteria for MSWLFs and preclude the
addition of bulk or non-containerized
liquid wastes. This proposal to allow
addition of liquid wastes will apply
only to Phase One in Module D. The
Yolo County bioreactor project is one
of several bioreactor XL projects
currently being considered by EPA.
Proponents of bioreactor technology
note that operation of MSWLFs as
bioreactors provide a number of
environmental benefits, including: (I)
increasing the rate of waste
decomposition, which in turn would
extend the operating life of the landfill
and lessen the need for additional
landfill space or other disposal options;
(2) decreasing, or even eliminating, the
quantity, and increasing the quality, of
leachate requiring treatment and offsite
disposal, leading to decreased risks and
costs associated with leachate
management, treatment and disposal;
(3) reduced post-closure care costs and
risks, due to the accelerated, controlled
settlement of the solid waste during
landfill operation; (4) lower long term
potential for leachate migration into the
subsurface environment; and (5)
opportunity for recovery of methane gas
for energy production.
Timetable:
Action
Date FR Cite
Final Action
04/00/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4498
Agency Contact: Sherri L. Walker,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4295
Fax: 202 260-3125
Email: walker.sherri@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2090-AA18
3526. • PROJECT XL NOTICE OF
PROPOSED RULE FOR AUTOLIV INC.
SITE-SPECIFIC RULEMAKING
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: By publishing this document
in the Federal Register, The
Environmental Protection Agency (EPA)
solicits comment on the proposed rule
which has been drafted to implement
the Autoliv XL project that is expected
to produce superior environmental
performance. -EPA is proposing to
implement this project under the
Project XL program in order to provide
site-specific regulatory flexibility under
the Resource Conservation and
Recovery Act (RCRA), for the Autoliv
ASP Inc.(Autoliv) facility in
Promontory, Utah. The principal
objective of this XL Project is to explore
the benefits of a more streamlined and
flexible RCRA regulation of pyrotechnic
hazardous wastes from the automobile
airbag industry that are treated in
industrial furnaces. The terms of the
project are defined in the Final Project
Agreement (FPA) which was made
available for public review and
comments through a Federal Register
notice on August 14, 2000 (Volume 65,
Number 157 [FRL-6846-7]) and signed
on September 20, 2000 by Autoliv, Box
Elder County, the state of Utah, and
EPA. The facility will continue to
comply with certain general RCRA
conditions on facility operations, as
described in this site-specific rule for
the Autoliv Facility and any applicable
state of Utah regulations. EPA
anticipates that this project will
provide information on how to develop
alternative approaches to handling
pyrotechnic waste. This information
would be useful to EPA in learning
more about alternative treatment
approaches for airbag manufacturing
wastestreams. This proposed rule will
not in any way impact the provisions
or applicability of any other existing or
future regulations.
Timetable:
Action
Dat°
FR Cite
NPRM
Final Action
02/13/01 66 FR 9992
04/00/01
Regulatory Flexibility Analysis
Required: No
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26245
EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4516
Agency Contact: Ted Cochin,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-0880
Fax: 202 401-6637
Email: cochin.ted@epa.gov
Mary Byrne, Environmental Protection
Agency, Office of the Administrator
Phone: 303 312-6491
Email: byrne.mary@epa.gov
BIN: 2090-AA19
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
3527. 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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
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
Phone: 703 308-0454
Fax: 703 308-0514
Email: chaudhari.narendra@epa.gov
RIN: 2050-AE15
3528. 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,
Federal
Federalism: Undetermined
Additional Information: SAN No. 3668
Agency Contact: Mike Svizzero,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-0046
Fax: 703 308-8609
Email: svizzero.michael@epa.gov
RIN: 2050-AE28
3529. 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001 / Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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: State,
Local, Federal
Federalism: Undetermined
Additional Information: SAN No. 3888
Agency Contact: Bryan Groce,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-8750
Fax: 703 308-0522
Email: groce.bryan@epa.gov
RIN: 2050-AE39
3530. RCRA APPENDIX VIII
STREAMLINING
Priority: Substantive, Nonsignificant
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:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM 05/00/02
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
3531. 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.
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
3532. CORRECTIVE ACTION FOR
SOLID WASTE MANAGEMENT UNITS
(SWMUS) AT HAZARDOUS WASTE
MANAGEMENT FACILITIES
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6924 RCRA
sec 3004(u); 42 USC 6924 RCRA sec
3004(v)
CFR Citation: 40 CFR 264; 40 CFR 270
Legal Deadline: None
Abstract: Past and present waste
management practices at Resource
Conservation and Recovery Act (RCRA)
treatment, storage or disposal facilities
have resulted in releases of hazardous
constituents from some waste
management units. These releases may
cause contamination of soils,
groundwater, surface water, and air.
This regulation provides a framework
for investigating and remediating
releases at RCRA facilities as necessary
to protect human health and the
environment.
The Agency has issued the corrective
action regulations in several phases. A
proposal for corrective action at RCRA
facilities was 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,
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26147
EPA—General
Long-Term Actions
To develop guidelines the Agency must
find a balance between consistency and
innovation. Consistent risk assessments
provide consistent bases to support
regulatory decision-making. On the
other hand, innovation is necessary so
the Agency will base its decisions on
current scientific thinking. In balancing
these and other science policies, the
Agency relies on input from the general
scientific community through
established scientific peer review
processes. The guidelines incorporate
basic principles and science policies
based on evaluation of the currently
available information. The revisions
place increased emphasis on the role
of carcinogenic mechanisms in risk
assessment and clearer explication of
underlying assumptions in risk
assessment.
These guidelines will have minimal to
no impact on small businesses or State,
local, and tribal governments.
Timetable:
Action
Date
FR Cite
Reproposed 04/23/96 61 FR 17960
Guidelines
Implementation Policy 06/25/96 61 FR 32799
Final Guidelines To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN 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
3228. • EPA DRAFT AGENCYWIDE
PUBLIC INVOLVEMENT POLICY
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The Environmental
Protection Agency is revising its 1981
Public Participation Policy. The revised
policy is being issued as the Draft 2000
Public Involvement Policy for 120-day
public comment. The Draft Policy was
updated to reflect changes over the past
nineteen years such as additional
Agency responsibilities, new
regulations, expanded public
involvement techniques, and the
changed nature of public access due to
the Internet. The Policy will provide
guidance and direction to EPA officials
on reasonable and effective means to
involve the public in its regulatory and
program decisions.
Timetable:
Action Date FR Cite
Draft Policy in FR Draft 12/28/00 65 FR 82335
Public Involvement
Policy
Final Action Final To Be Determined
Public Involvement
Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4530
Agency Contact: Patricia Bonner,
Environmental Protection Agency,
Office of the Administrator, 1807,
Washington, DC 20460
Phone: 202 260-0599
Fax: 202 260-4903
Email: bonner.patricia@epa.gov
Lisa Kahn, Environmental Protection
Agency, Office of the Administrator,
1807
Phone: 202 260-4545
Fax: 202 260-4903
Email: kahn.lisa@epa.gov
RIN: 2090-AA23
ENVIRONMENTAL PROTECTION AGENCY (EPA)
General
Completed Actions
3229. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(STATE) GRANT REGULATION
Priority: Other Significant
CFR Citation: 40 CFR 35
Completed:
Reason
Date
FR Cite
Final Action 01/09/01 66 FR 1725
Final Action Effective 02/07/01 66 FR 9602
Date Delayed
Final Action Effective 04/09/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Federal
Agency Contact: Scott McMoran
Phone: 202 564-5376
RIN: 2030-AA55
3230. REVISION TO 40 CFR 35
SUBPART A AND PROMULGATION OF
PERFORMANCE PARTNERSHIP
(TRIBAL) GRANT RULE
Priority: Other Significant
CFR Citation: 40 CFR 35
Completed:
Reason
Date
FR Cite
Final Action 01/16/01 66 FR 3781
Final Action Effective 02/09/01 66 FR 9661
Date Delayed
Final Action Effective 04/17/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: Tribal,
Federal
Agency Contact: Michelle McClendon
Phone: 202 564-5357
Fax: 202 565-2470
Email: mcclendon.michelle@epa.gov
RIN: 2030-AA56
3231. EPA MENTOR-PROTEGE
PROGRAM
Priority: Substantive, Nonsignificant
CFR Citation: 48 CFR 1544; 48 CFR
1552
Completed:
Reason
Date
FR Cite
Interim Final Rule 10/02/00 65 FR 58921
Merged Into RIN 2030- 03/13/01
AA66, SAN 4226
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Frances Smith
Phone: 202 564-4368
Fax: 202 565-2475
Email: smith.frances@epamail.epa.gov
RIN: 2030-AA40
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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
NPRMRCRA 12/18/98 63 FR 70233
Temporary
Suspension
Final Action RCRA 08/00/02
Temporary
Suspension
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4263
Sectors Affected: 48423 Specialized
Freight (except Used Goods) Trucking,
Long-Distance; 48412 General Freight
Trucking, Long-Distance; 54138 Testing
Laboratories; 23551 Carpentry
Contractors; 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; 23592 Glass
and Glazing Contractors; 56291
Remediation Services; 23599 All Other
Special Trade Contractors; 23511
Plumbing, Heating and Air-
Conditioning Contractors; 23531
Electrical Contractors; 23552 Floor
Laying and Other Floor Contractors;
23311 Land Subdivision and Land
Development; 562111 Solid Waste
Collection; 562112 Hazardous Waste
Collection; 562119 Other Waste
Collection; 48411 General Freight
Trucking, Local; 48421 Used Household
and Office Goods Moving; 48422
Specialized Freight (except Used
Goods) Trucking, Local; 23594
Wrecking and Demolition Contractors;
56221 Waste Treatment and Disposal;
23322 Multifamily Housing
Construction; 23521 Painting and Wall
Covering Contractors; 56292 Materials
Recovery Facilities
Agency Contact: Rajani Joglekar,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304W
Phone: 703 308-8806
Fax: 703 308-0522
Email: joglekar.rajani@epa.gov
RIN: 2050-AE68
3536. REQUIREMENTS FOR ZINC
FERTILIZER MADE FROM RECYCLED
HAZARDOUS SECONDARY
MATERIALS
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, Consent agreement;
met deadline.
Final, Judicial, April 15, 2002, Consent
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
Final Action
04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Federal
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 Pagan,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5301W, Washington, DC 20460
Phone: 703 308-0603
Fax: 703 308-0513
Email: fagan.david@epa.gov
RIN: 2050-AE69
3537. 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
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26249
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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 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 long-standing temporary wastewater
treatment unit exemption and an
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
3538. 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: EPA is developing proposed
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.
On April 25, 2000 EPA issued a
regulatory determination for fossil fuel
combustion wastes (65 FR 32214, May
22, 2000) to announce its decision that
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. This regulatory
determination also 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. In addition, EPA stated
its plan to 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 minefilling in surface or
underground mines. Although the
utility industry has made significant
improvements in waste management
practices over recent years, and most
state regulatory programs are similarly
improving, 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% 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 also
decided that the practice of minefilling
coal combustion wastes could present
a danger to human health and the
environment under certain
circumstances. Since there are few
states that currently operate
comprehensive programs that
specifically address the unique
circumstances of minefilling, the
Agency believes national regulations
under RCRA Subtitle D and/or SMCRA
may be appropriate.
Timetable:
Action
Date
FR Cite
NPRM
03/00/03
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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
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EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Phone: 703 308-8430
Fax: 703 308-8686
Email: ruddy.dennis@epa.gov
RIN: 2050-AE83
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
3539. LISTING DETERMINATION FOR
WASTEWATER AND WASTEWATER
TREATMENT SLUDGES FROM
CHLORINATED ALIPHATICS
PRODUCTIONS; LAND DISPOSAL
RESTRICTIONS FOR NEWLY
IDENTIFIED WASTE
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 268;
40 CFR 271; 40 CFR 302
Completed:
Reason
Date
FR Cite
Final Action 11/08/00 65 FR 67068
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Sectors Affected: 32511 Petrochemical
Manufacturing; 32521 Resin and
Synthetic Rubber Manufacturing
Agency Contact: Ross Elliott
Phone: 703 308-8748
Fax: 703 308-0514
Email: elliott.ross@epa.gov
RIN: 2050-AD85
3540. DEFERRAL OF PHASE IV
STANDARDS FOR PCBS AS A
CONSTITUENT SUBJECT TO
TREATMENT IN SOIL
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 268
Completed:
Reason
Date
FR Cite
Final Action 12/26/00 65 FR 81373
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Ernie Brown
Phone: 703 308-8608
Fax: 703 308-8638
Email: brown.ernie@epa.gov
RIN: 2050-AE76
3541. PROJECT XL — IBM VT PILOT
PROJECT PROVIDING A SITE-
SPECIFIC EXEMPTION OF A
METALLIZATION PROCESS FROM
THE F006 LISTING DESCRIPTION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
Final Action 09/12/00 65 FR 54955
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Mitch Kidwell
Phone: 202 260-2515
Fax: 202 260-3125
Email: kidwell.mitch@epa.gov
Nancy Birnbaum
Phone: 202 260-2601
Fax: 202 401-2474
Email: birnbaum.nancy@epa.gov
RIN: 2090-AAll
3542. • PROJECT XL SITE-SPECIFIC
RULEMAKING FOR BUNCOMBE
COUNTY LANDFILL, ALEXANDER,
NORTH CAROLINA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6907; 42 USC
6912; 42 USC 6945; 42 USC 6949).
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: Buncombe County proposed
a project under EPA's Project XL to use
certain bioreactor techniques at its
municipal solid waste landfill
(MSWLF), specifically, the recirculation
of landfill leachate, with the possible
addition of water, to accelerate the
biodegradation of landfill waste and to
decrease the time it takes for the waste
to reach stabilization in the landfill. A
component of this project will include
landfill gas recovery. The principal
objective of this XL project is to
evaluate the rate of waste
decomposition when leachate is added
to the landfill and monitor the rate of
gas generation. To implement this
project, Buncombe County will need
relief from certain regulatory
requirements in EPA regulations which
set forth the construction and operating
criteria for MSWLFs. Proponents of
bioreactor technology note that
operation of MSWLFs as bioreactors
provide a number of environmental
benefits including: (1) increasing the
rate of waste decomposition which in
turn extends the operating life of the
landfill and lessens the need for
additional landfill space or other
disposal options; (2) decreasing or even
eliminating the quantity leachate
requiring treatment and offsite disposal
while improving the quality, leading to
reduced post closure care costs and
fewer risks; (4) lower long term
potential for leachate migration into the
subsurface environment; and (5)
opportunity for recovery of methane gas
for energy production.
Timetable:
Action
Date FR Cite
Final Action 04/17/01 66 FR 19403
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4497
Agency Contact: Sherri Walker,
Environmental Protection Agency,
Office of the Administrator, 1802,
Washington, DC 20460
Phone: 202 260-4295
Fax: 202 260-3125
Email: walker.sherri@epa.gov
Dwight Hlustick, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306W
Phone: 703 308-8647
Fax: 703 308-8686
Email: hlustick.dwight@epa.gov
RIN: 2090-AA22
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26251
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Oil Pollution Act (OPA)
Final Rule Stage
3543. OIL POLLUTION PREVENTION
REGULATION: REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1321 CWA sec
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
NPRM
10/22/91 56 FR 54612
02/17/93 58 FR 8824
Supplemental NPRM
Final Action
12/02/97 62 FR 63812
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 2634
Agency Contact: Hugo Fleischman,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5203G, Washington, DC 20460
Phone: 703 603-8769
Fax: 703 603-9116
Email: fleischman.hugo@epa.gov
RIN: 2050-AC62
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
3544. REPORTABLE QUANTITY
ADJUSTMENTS FOR CARBAMATES
Timetable:
Action
Date
FR Cite
Priority: Substantive, Nonsignificant NPRM
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
(RQJ 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.
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3423
Agency Contact: Frank Awisato,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8949
Fax: 703 603-9100
Email: avvisato.frank@epa.gov
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-AE12
3545. 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
NPRM 24
Final Action 20
NPRM 25
Final Action 21
Final Action (Tex-Tin
Corp)
NPRM 26
Final Action 22
NPRM 27
Final Action 23
NPRM (Midnight Mine)
NPRM 28
NPRM (Almeda)
Final Action 24
NPRM 29
Final Action 25
NPRM 30
Final Action
NPRM 31
Final Action 26
NPRM 32
Final Action 28
NPRM 33
Final Action 29
Date FR Cite
03/06/98 63 FR 11 340
03/06/98 63 FR 11 332
07/28/98 63 FR 40247
07/28/98 63 FR 401 82
09/18/98 63 FR 49855
09/29/98 63 FR 51 882
09/29/98 63 FR 51 848
01/19/99 64 FR 2950
01/19/99 64 FR 2942
02/16/99 64 FR 7564
04/23/99 64 FR 19968
05/10/99 64 FR 24990
05/10/99 64 FR 24949
07/22/99 64 FR 39886
07/22/99 64 FR 39878
10/22/99 64 FR 56992
10/22/99 64 FR 56966
02/04/00 65 FR 5468
02/04/00 65 FR 5435
05/11/00 65 FR 30489
05/11/00 65 FR 30482
07/27/00 65 FR 461 31
07/27/00 65 FR 46096
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage
Action
Date FR Cite
08/24/00 65 FR 51567
12/01/00 65 FR 75215
12/01/00 65 FR 75179
01/11/01 66 FR 2380
04/00/01
04/00/01
04/00/01
04/00/01
NPRM
Alabama/Malone
NPRM 34
Final Action 30
NPRM 35
NPRM Site No.
Undetermined
NPRM Site No.
Undetermined
Final Action Site No.
Undetermined
Final Action Site No.
Undetermined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3439
Agency Contact: Yolanda Singer,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-8835
Fax: 703 603-9100
Email: singer.yolanda@epa.gov
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
RIN: 2050-AD75
3546. 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
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
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: Kirby Biggs,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204W, Washington, DC 20460
Phone: 703 308-8506
Fax: 703 308-8433
Email: biggs.kirby@epa.gov
Stephen Caldwell, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5204G,
Washington, DC 20460
Phone: 703 603-8833
Fax: 703 603-9104
Email: caldwell.stephen@epa.gov
RIN: 2050-AE62
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
3547. 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.
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26253
EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions
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
3548. STREAMLINING THE
PREAUTHORIZATION MIXED
FUNDING FOR APPLICATION AND
IMPLEMENTATION OF CLAIMS
AGAINST SUPERFUND
Priority: Substantive, Nonsignificant
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.
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
3549. CRITERIA FOR THE
DESIGNATION OF HAZARDOUS
SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USC 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the
development of evaluation criteria for
the designation of substances as
hazardous under CERCLA. It is
necessary to develop evaluation criteria
because the Agency has the authority
under CERCLA 102(a) to designate
substances as hazardous; however, the
Agency does not have criteria to do so.
To date the only substances designated
as CERCLA hazardous substances are as
a result of their appearance on other
Acts' lists defined under CERCLA
101(14). Using CERCLA designation
criteria the Agency may establish
CERCLA hazardous substances
independently from other Acts, in the
interest of public health and the
environment.
The purpose of this action is to have
well thought-out criteria for designating
hazardous substances that may be
applied to individual substances for
evaluation and decision as to whether
or not the substance should be
appropriately designated a CERCLA
102(a) hazardous substance. The
Agency already has the authority to
designate substances as hazardous; in
this action, criteria will be developed
to implement that authority.
Timetable:
Action
Date
FR Cite
ANPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4201
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5204G, Washington, DC 20460
Phone: 703 603-9086
Fax: 703 603-9104
Email: beasley.lynn@epa.gov
RIN: 2050-AE63
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Completed Actions
3550. GRANTS FOR TECHNICAL
ASSISTANCE RULE REFORM—40 CFR
PART 35 SUBPART M
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 35
Completed:
Reason
Date
FR Cite
Final Action
10/02/00 65 FR 58850
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Lois Gartner
Phone: 703 603-8889
Fax: 703 603-9100
Email: gartner.lois@epa.gov
Suzanne Wells
Phone: 703 603-8863
Fax: 703 603-9100
Email: wells.suzanne@epa.gov
RIN: 2050-AE33
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Proposed Rule Stage
3551. 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: 40 CFR 450
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 re-
development activities. The regulations
will address storm water runoff from
construction sites during the active
phase of construction, as well as post-
construction runoff. Construction
activity is a major source of sediment
and other pollutants discharged to the
nation's waters. Industries potentially
affected by this rulemaking include
land developers, home builders,
builders of commercial and industrial
property, and other private and public
sector construction site owners and
operators. EPA will develop design
criteria for erosion and sediment
controls and storm water best
management practices (BMPs). These
requirements will be implemented in
NPDES storm water permits issued to
construction site owners and operators.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/00/02
03/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 4280
Sectors Affected: 23 Construction
Agency Contact: Eric Strassler,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7150
Fax: 202 260-7185
Email: strassler.eric@epa.gov
Jessee Pritts, Environmental Protection
Agency, Water, 4303, Washington, DC
20460
Phone: 202 260-7185
Fax: 202 260-7185
Email: pritts.jesse@epa.gov
RIN: 2040-AD42
3552. 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
currently covered by any effluent
guideline.
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
3553. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE II
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1313 CWA
303
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26255
EPA—Clean Water Act (CWA)
Proposed Rule Stage
CFR Citation: 40 CFR 131
Legal Deadline: Final, Statutory, 90
days after NPRM.
Abstract: Under the CWA, States have
primary authority in developing water
quality standards for waters within
their jurisdiction. EPA maintains
oversight authority in that States must
submit their water quality standards to
EPA for review and approval or
disapproval. If a State's water quality
standards are not consistent with the
requirements of the CWA and its
supporting regulations, and are
subsequently disapproved by EPA, the
State must revise the disapproved water
quality standards. If the State does not
revise the disapproved water quality
standards, the CWA 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 rule to
determine the appropriate use
designations for five waterbodies in
Alabama that EPA disapproved in 1986
and 1991.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/00/02
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4264
Agency Contact: Fritz Wagener,
Environmental Protection Agency,
Water, Region04, 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
3554. WATER QUALITY STANDARDS
FOR INDIAN COUNTRY WATERS
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: 40 CFR 131; 40 CFR
121.17 (Revision); 40 CFR 122.4
(Amended); 40 CFR 123.1 (Amended);
40 CFR 131.4 (Amended); 40 CFR
131.40 (New); 40 CFR 230.10
(Amended); 40 CFR 233.1 (Amended);
40 CFR 233.51 (Amended)
Legal Deadline: Final, Statutory, 90
days after NPRM.
Abstract: EPA is proposing 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; numeric
criteria for priority toxic pollutants for
further 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
08/00/01
06/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4344
Agency Contact: Fred Leutner,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1542
Fax: 202 260-9830
Email: leutner.fred@epa.gov
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
3555. 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
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4047
Agency Contact: 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
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EPA—Clean Water Act (CWA)
Proposed Rule Stage
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD08
3556. 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
05/00/01
05/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4214
Agency Contact: 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: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD34
3557. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
2
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
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,
February 28, 2002.
Final, Judicial, August 28, 2003.
Abstract: This rulemaking affects, at a
minimum, existing electricity
generating facilities that employ cooling
water intake structures and whose
intake flow levels exceed a minimum
threshold to be determined by EPA
during the rulemaking. Section 316(b)
of the Clean Water Act provides that
any standard established pursuant to
sections 301 or 306 of the Clean Water
Act and applicable to a point source
shall require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of the rulemaking is
to minimize 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
02/00/02
08/00/03
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4474
Split from RIN 2040-AC34.
Sectors Affected: 21 Mining; 22111
Electric Power Generation; 22133 Steam
and Air-Conditioning Supply; 311 Food
Manufacturing; 3122 Tobacco
Manufacturing; 313 Textile Mills; 321
Wood Product Manufacturing; 322
Paper Manufacturing; 324 Petroleum
and Coal Products Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
327 Nonmetallic Mineral Product
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 61131 Colleges,
Universities and Professional Schools
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
3558. NPDES STREAMLINING RULE —
ROUND III
Priority: Substantive, Nonsignificant
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26257
EPA—Clean Water Act (CWA)
Proposed Rule Stage
NPDES requirements in parts 122, 123,
and 124 to eliminate redundant
regulations, provide clarification, and
remove or streamline unnecessary
procedures. Revisions under
consideration in this rule include
adding additional permit modifications
that can be considered minor
modifications at 122.63, and changes to
requirements concerning EPA's review
of State permits. Other revisions may
be considered as work on this rule
progresses. This rulemaking is expected
to affect entities which implement the
NPDES program or are regulated by it.
This includes small businesses and
State, tribal and local governments.
Most of these effects are expected to
be deregulatory or streamlining in
nature.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/02
02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3786
Agency Contact: Thomas Charlton,
Environmental Protection Agency,
Water, 4203, Washington, DC 20460
Phone: 202 564-6960
Fax: 202 564-9544
Email: charlton.tom@epa.gov
Howard Rubin, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 564-2051
Fax: 202 564-9544
Email: rubin.howarde@epa.gov
RIN: 2040-AC84
3559. NPDES REQUIREMENTS FOR
MUNICIPAL SANITARY SEWER
COLLECTION SYSTEMS, MUNICIPAL
SATELLITE COLLECTION SYSTEMS,
AND SANITARY SEWER OVERFLOWS
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: 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, public
notification, and recordkeeping
requirements for sanitary sewer
overflows (SSOs), capacity assurance,
management, operation and
maintenance requirements for
municipal sanitary sewer collection
systems; and a prohibition on SSOs.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/00/01
02/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Governmental
Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
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."
Sectors Affected: 22132 Sewage
Treatment Facilities
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
Sharie Centilla, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0697
Fax: 202 564-6392
Email: centilla.sharie@epa.gov
RIN: 2040-AD02
3560. RECOGNITION AWARDS UNDER
THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: CWA 50l(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); Biosolids
Management (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 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 07/00/01
Direct Final Rule
Direct Final Rule 07/00/01
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4332
Note: This rule was formerly known as
National Wastewater Management
Excellence Awards Program.
Sectors Affected: 2213 Water, Sewage
and Other Systems; 5622 Waste
Treatment and Disposal
Agency Contact: Maria Campbell,
Environmental Protection Agency,
Water, 4204M, Washington, DC 20460
Phone: 202 564-0628
Fax: 202 501-2396
Email: campbell.maria@epa.gov
RIN: 2040-AD44
3561. OCEAN DISCHARGES CRITERIA
REVISIONS
Priority: Other Significant
Legal Authority: 33 USC 1343 et seq
CFR Citation: 40 CFR 125.l2l(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 existing regulations implementing
the ocean protection provisions of
section 403 of the Clean Water Act. A
key element of the proposed rule would
provide for establishment of baseline
water quality standards for ocean
waters beyond three miles offshore.
These waters, designated "Healthy
Ocean Waters," would be protected by
both a narrative statement of desired
quality and pollutant-specific numeric
criteria. The proposed rule also would
strengthen the requirements for a
permit to discharge to any ocean
waters, and would establish a number
of Special Ocean Sites (SOSs), which
are areas within ocean waters that are
of outstanding value, where new and
significantly expanded discharges
would be prohibited. The proposed rule
will enhance the protection of the
ocean environment and meet the goals
of President Clinton's Executive Order
on Marine Protected Areas (E.O.
13158).
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/01
07/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Tribal, Federal
Additional Information: SAN No. 4446
Sectors Affected: 21111 Oil and Gas
Extraction; 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
3562. 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(dj; 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
jurisdictional status under the Clean
Water Act (CWA) of so-called
"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 a January 9, 2001, U.S.
Supreme Court opinion. Revision of the
regulatory language is necessary to
address the Court's decision, improve
regulatory clarity, and provide more
specificity regarding CWA jurisdiction..
The rulemaking would clarify CWA
jurisdiction for 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 the
Supreme Court ruling.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/00/01
12/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
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,
Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
RIN: 2040-AB74
3563. • CLEAN WATER STATE
REVOLVING FUND REGULATION
REVISIONS RE: USE AS MATCHING
FUNDS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I383(h)
CFR Citation: 40 CFR 35.3125(b)(l)
Legal Deadline: None
Abstract: This regulation will revise
the Clean Water State Revolving Fund
(SRF) Regulations to allow the use of
the SRF as a match for infrastructure
grants. In 1990, EPA issued regulations
implementing the Clean Water State
Revolving Fund (CW SRF) program,
established as Title VI of the Clean
Water Act (CWA) in 1987. Section
603 (h) of the CWA prohibits use of the
CW SRF loan as matching funds with
respect to the non-Federal share of the
cost of a treatment works project for
which a municipality or agency is
receiving assistance from the
Administrator under any other
authority. In issuing its regulations,
EPA interpreted this prohibition
broadly, applying the restriction to all
treatment works construction. At that
time, EPA believed the replacement of
the construction grants program
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26259
EPA—Clean Water Act (CWA)
Proposed Rule Stage
authorized by Title II of the CWA by
the CW SRF would result in a
significant decrease in the use of
Federal grant funds for construction of
treatment works. However, from FY
1995 onward, Congress has authorized
and appropriated funds for
infrastructure construction grants in
various Appropriations Acts. At this
time, there are over 700 projects
totaling over $3.3 billion dollars. In
several cases, EPA has been asked to
allow CW SRF funds to be used as a
match for these grants; our regulation
at 40 CFR 35.3125(b)(l) prohibits such
action. However, upon reconsideration,
EPA has decided its initial reading in
1990 was too broad, and the intent of
Congress was only to prohibit use of
CW SRF loans as match for Title II
construction grants. This action will
revise the regulations to allow a State,
in its operation of its CW SRF, to
provide a loan to non-Title II
infrastructure construction grant
projects as a non-federal match. The
prohibition on the use of CW SRF as
a match for a Title II construction grant
will continue.
Timetable:
Action
Date
FR Cite
NPRM 09/00/01
Direct Final Rule With 09/00/01
Companion
Proposal
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4493
Agency Contact: Chan Hoang,
Environmental Protection Agency,
Water, 4204M, Washington, DC 20460
Phone: 202 564-0689
Fax: 202 501-2396
Email: hoang.chan@epa.gov
Gary Hudiburgh, Environmental
Protection Agency, Water, EN-336,
4204M, Washington, DC 20460
Phone: 202 564-0626
Fax: 202 501-2396
Email: hudiburgh.gary@epa.gov
RIN: 2040-AD68
3564. • TEST PROCEDURES FOR THE
ANALYSIS OF MERCURY UNDER THE
CLEAN WATER ACT (REVISIONS TO
METHOD 1631)
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); 76
Stat 816; PL 92-500; 91 Stat 1567; PL
95-217; 100 Sat 7; PL 100-4
CFR Citation: 40 CFR 136.3
Legal Deadline: NPRM, Judicial,
September 30, 2001, Settlement
agreement.
Final, Judicial, September 30, 2002,
Settlement agreement.
Abstract: This proposal would amend
Method 1631 to add new requirements
for clean techniques and quality control
(QC) beyond those specified in EPA
Method 1631 for the determination of
mercury at water quality criteria levels.
EPA Method 1631 was promulgated at
40 CFR 136 in June 1999. Later that
year, the Alliance of Automobile
Manufacturers, the Chemical
Manufacturers Association, and the
Utility Water Act Group ("Petitioners")
filed a petition for judicial review of
the final rule. One of the issues in the
petition related to the clean sampling
techniques and QC requirements in the
Method. As part of a Settlement
Agreement in October 2000, EPA
agreed to sign a Federal Register notice
proposing additional clean techniques
and QC requirements for Method 1631
by September 30, 2001, and to sign a
final rule by September 30, 2002. EPA
also plans to publish a correction
notice on Method 1631 prior to
proposal of the new clean techniques
and QC requirements to clarify the use
of field bland subtraction.
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/01
09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4541
Agency Contact: William 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: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD72
3565. • PROPOSAL TO REVISE AND
TO RATIFY OR WITHDRAW WHOLE
EFFLUENT TOXICITY TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: PL 95-217; 33 USC
1251 et seq
CFR Citation: 40 CFR 136.3
Legal Deadline: NPRM, Judicial,
September 24, 2001, Settlement
agreement.
Final, Judicial, September 24, 2002,
Settlement agreement.
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 by revising several whole
effluent toxicity (WET) test methods
and by ratifying or withdrawing WET
test methods listed in Table IA for use
under the Clean Water Act. These
methods were promulgated on October
16, 1995 (60 FR 53529). The proposed
regulation is needed to satisfy the terms
of two settlement agreements (entered
into by EPA and Edison Electric
Institute, et al., and Western Coalition
of Arid States on July 24, 1998; and
entered into by EPA and Lone Star
Steel in January, 1997). This proposal
will amend the 1995 rule by revising
three WET method manuals, and by
ratifying or withdrawing each of the
WET test methods challenged in the
settlement agreements from these three
manuals. Specific revisions include: the
requirement of blocking by parentage in
Method 1002, the requirement for
demonstration of valid concentration-
response relationships, the inclusion of
specific procedures to control pH drift,
and the inclusion of procedures to
reduce pathogenic interferences in
Method 1000.
Timetable:
Action
Date
FR Cite
NPRM 09/00/01
Final Action 09/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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EPA—Clean Water Act (CWA)
Proposed Rule Stage
Federalism: Undetermined
Additional Information: SAN No. 4514
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
Marion Kellly, Environmental
Protection Agency, Water, 4303
Phone: 202 260-7117
Fax: 202 260-7185
Email: kelly.marion@epa.gov
RIN: 2040-AD73
3566. • REVISIONS TO THE
NATIONAL OIL AND HAZARDOUS
SUBSTANCES POLLUTION
CONTINGENCY PLAN; SUBPART J
PRODUCT SCHEDULE LISTING
REQUIREMENTS
Priority: Other Significant
Legal Authority: CWA section
311(d)(2); 33 USC 1321(d)(2)
CFR Citation: 40 CFR 300
Legal Deadline: None
Abstract: This action will propose
revisions to subpart J of the National
Contingency Plan (NCP) (40 CFR part
300.900). Section 311(d)(2)(G) of the
Clean Water Act requires that EPA
prepare a schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data specified in 40 CFR
300.915 to EPA. This rulemaking will
propose revisions to subpart J to clarify
and change protocols for effectiveness
and toxicity testing. It will clarify EPA
authority to remove products from the
Product Schedule. These changes will
help ensure protection of the
environment when these products are
used to clean up and mitigate oil spills
onto land and water.
Timetable:
Action
Date
FR Cite
NPRM
12/00/01
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: State,
Federal
Additional Information: SAN No. 4526
Sectors Affected: 54 Professional,
Scientific and Technical Services; 3259
Other Chemical Product Manufacturing;
325 Chemical Manufacturing; 3251
Basic Chemical Manufacturing
Agency Contact: William "Nick"
Nichols, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5203G, Washington, DC
20460
Phone: 703 603-9918
Fax: 703 603-9116
Email: nichols.nick@epa.gov
RIN: 2050-AE87
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Final Rule Stage
3567. 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
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 4192
NPRM-
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
3568. 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 the ~n and prevent
disturbance c1 uuaxploited lands.
Advances in I -e ijnent technologies and
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26261
EPA—Clean Water Act (CWA)
Final Rule Stage
Best Management Practices pertinent to
coal mines in the arid West show
promise of being more protective of
water quality.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/11/00 65 FR 19440
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4168
Sectors Affected: 21211 Coal Mining
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
3569. 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 I314(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
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
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 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
3570. 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 136; 40 CFR 141;
40 CFR 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
Notice of Withdrawal
Final Action
01/16/01 66 FR 3466
05/00/01
01/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD59
3571. MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT NEW FACILITIES
UNDER SECTION 316(B) OF THE
CLEAN WATER ACT, PHASE 1
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.
Final, Judicial, November 9, 2001.
Abstract: This rulemaking affects 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
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
11/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3444
Sectors Affected: 21 Mining; 22111
Electric Power Generation; 22133 Steam
and Air-Conditioning Supply; 311 Food
Manufacturing; 3122 Tobacco
Manufacturing; 313 Textile Mills; 321
Wood Product Manufacturing; 322
Paper Manufacturing; 324 Petroleum
and Coal Products Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
327 Nonmetallic Mineral Product
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 61131 Colleges,
Universities and Professional Schools
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-AC34
3572. STREAMLINING THE GENERAL
PRETREATMENT REGULATIONS FOR
EXISTING AND NEW SOURCES OF
POLLUTION
Priority: Other Significant
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
12/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
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, 4203M, Washington, DC 20460
Phone: 202 564-0652
Fax: 202 564-6431
Email: smith.jeff@epa.gov
Jan Pickerel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickerel.jan@epa.gov
RIN: 2040-AC58
3573. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/04/95 60FR419
09/00/01
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
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26263
EPA—Clean Water Act (CWA)
Final Rule Stage
3574. 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: State,
Local, Tribal, Federal
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-AC2 5
3575. • PROCEDURES FOR TRIBES
TO OBTAIN APPROVAL FOR
TREATMENT AS A STATE TO
RECEIVE FUNDING FOR THE
BEACHES PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 33 UCS 1375(a) et seq
CFR Citation: 40 CFR 35; 40 CFR 130
Legal Deadline: None
Abstract: This interim final rule will
establish procedures under the Clean
Water Act for EPA to treat Indian
Tribes in substantially the same manner
in which it treats states for purposes
of obtaining financial assistance.
As part of the Beaches Environmental
Assessment and Coastal Health Act of
2000, EPA is authorized to award
grants to develop and implement
monitoring and notification programs
for coastal or Great lakes recreational
waters. This rule will describe the
requirements for Indian tribes to
become eligible for grants.
Timetable:
Action
Date
FR Cite
Interim Final Rule
10/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4515
Agency Contact: Frances A. Desselle,
Environmental Protection Agency,
Water, 4305, Washington, DC 20460
Phone: 202 260-1320
RIN: 2040-AD69
3576. 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 10/06/00 65 FR 59791
Program
Reinvention
Projects Under
Project XL
Final Action 04/00/01
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: 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
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
RIN: 2090-AA16
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Long-Term Actions
3577. EFFLUENT GUIDELINES AND
STANDARDS FOR THE METAL
PRODUCTS AND MACHINERY
CATEGORY, PHASES 1 AND 2
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: 33 USC 1311 CWA sec
301; 33 USC 1314 CWA sec 304; 33
USC 1316 CWA sec 306; 33 USC 1317
CWA sec 307; 33 USC 1317 CWA sec
308; 33 USC 1317 CWA sec 402; 33
USC 1361 CWA sec 501
CFR Citation: 40 CFR 438
Legal Deadline: NPRM, Judicial,
October 31, 2000.
Final, Judicial, December 31, 2002.
Abstract: EPA is developing effluent
limitations guidelines for facilities that
generate wastewater while processing
metal parts; metal products; and
machinery, including manufacture,
assembly, rebuilding, repair, and
maintenance. A proposed rule in 1995
covered seven industrial groups:
aircraft, aerospace, hardware, ordnance,
stationary industrial equipment, mobile
industrial equipment, and electronic
equipment. EPA has consolidated this
rulemaking with a second phase, and
coverage will include additional
industrial groups such as: bus and
truck, household equipment,
instruments, motor vehicles, office
machines, precious metals and jewelry,
railroads, job shops, printed circuit
boards, and ships and boats. The
deadlines and timetable apply to the
consolidated Phase 1 and 2 rulemaking.
Timetable:
Action Date FR Cite
NPRM (Phase 1) 05/30/95 60 FR 28210
NPRM (Consolidated 01/03/01 66FR424
Phase 1 and 2)
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
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: 335 Electrical
Equipment, Appliance and Component
Manufacturing; 336 Transportation
Equipment Manufacturing; 337
Furniture and Related Product
Manufacturing; 339 Miscellaneous
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product 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
3578. 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 501
CFR Citation: 40 CFR 420
Legal Deadline: NPRM, Judicial,
October 31, 2000.
Final, Judicial, April 30, 2002.
Abstract: EPA is proposing to revise
the effluent limitations guidelines and
standards for the Iron and Steel
Manufacturing Point Source Category to
reflect significant industry changes
related to consolidation and
modernization within the U.S.
steelmaking industry as well as
advances in manufacturing
technologies, in-process pollution
prevention, water conservation
practices, and end-of-pipe wastewater
treatment.
Timetable:
Action
Date FR Cite
NPRM 12/27/00 65 FR 81963
Final Action 04/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
Additional Information: SAN No. 3833
Sectors Affected: 331 111 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
Email: tingley.kevin@epa.gov
RIN: 2040-AC90
3579. 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.
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Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM 12/17/93 58 FR 66078
Final Action 12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Federal
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
3580. 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 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 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/12/01 66 FR 2959
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4153
Sectors Affected: 11221 Hog and Pig
Farming; 11232 Broilers and Other
Meat Type Chicken Production; 11231
Chicken Egg Production; 112112 Cattle
Feedlots; 11212 Dairy Cattle and Milk
Production; 11241 Sheep Farming;
11233 Turkey Production; 11292 Horse
and Other Equine Production; 11239
Other Poultry Production
Agency Contact: Jan Goodwin,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7152
Fax: 202 260-7185
Email: goodwin.janet@epa.gov
Karen Metchis, Environmental
Protection Agency, Water, 4203,
Washington, DC 20460
Phone: 202 564-0734
Email: metchis.karen@epa.gov
RIN: 2040-AD19
3581. 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 adsorbable
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: State,
Federal
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
3582. 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: 40 CFR 451
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
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EPA—Clean Water Act (CWA)
Long-Term Actions
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 station,
nutrients, and pathogens as the major
cause of water quality impairment.
With the growth of the aquaculture
industry, and inconsistent state
regulatory oversight, EPA will examine
available technologies for the control of
pollutants, primarily nutrients. This
action was formerly titled
"Aquaculture."
Timetable:
Action
NPRM
Final Action
Date
06/00/02
06/00/04
FR Cite
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected:
Undetermined
Federalism: 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
Kristen Strellec, Environmental
Protection Agency, Water, 4303,
Washington, DC 20460
Phone: 202 260-6036
Fax: 202 260-7185
Email: strellec.kristen@epa.gov
RIN: 2040-AD55
3583. 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 nations
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.
Timetable:
Action
Date FR Cite
NPRM
Final Rule
To Be Determined
To Be Determined
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
3584. WATER QUALITY STANDARDS
REGULATION — REVISION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1313 CWA sec
303(c)
CFR Citation: 40 CFR 131
Legal Deadline: None
Abstract: Water quality standards set
by States and Indian tribes establish the
water quality goals for surface waters
of the U.S. and the means by which
attainment of these goals will be
measured and assured. They are the
foundation for protecting water quality
and related public health and welfare
and the ecological health of the nation's
waters. The Federal water quality
standards regulation at 40 CFR Part 131
governs the development, review and
revision of water quality standards
under section 303(c) of the Clean Water
Act by States and Indian Tribes, and
the review and approval of water
quality standards by EPA. Based upon
the Federal, State, Tribal and local
experience gained in the program over
the last 20 years, EPA's proposed
revisions to 40 CFR 131 are intended
to strengthen the water quality
standards regulation thus enhancing
water quality management on a
watershed basis, and focusing Federal,
State and Tribal resources on the areas
of greatest concern. Program areas
identified for revision include mixing
zone policies and procedures.
Timetable:
Action
ANPRM
NPRM
Final Action
Date
07/07/98
07/00/02
07/00/03
FR Cite
63 FR 36741
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
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
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26267
EPA—Clean Water Act (CWA)
Long-Term Actions
3585. TEST PROCEDURES FOR THE
ANALYSIS OF TRACE METALS
UNDER THE CLEAN WATER ACT
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 33 USC 1314(h) CWA
304(h); 33 USC 1361(a] CWA 501
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
part 136 to approve new EPA methods
for the determination of trace metals at
EPA's water quality criteria levels.
These methods are necessary for the
implementation of water quality-based
permits under the National Pollutant
Discharge Elimination System (NPDES)
of the Clean Water Act. Water quality-
based permits are necessary when
technology-based controls do not
ensure that a particular water body
would meet the State's designated
water quality standard. Because the
methods currently approved under 40
CFR part 136 were designed to support
primarily technology-based permitting
needs, and because these technology-
based levels are as much as 280 times
higher than water quality-based criteria
for metals, approval of new EPA test
procedures is necessary.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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
3586. INCREASED METHOD
FLEXIBILITY FOR TEST
PROCEDURES APPROVED FOR
CLEAN WATER ACT COMPLIANCE
MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC I3l4(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
To Be Determined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3714
Agency Contact: William A. Telliard,
Environmental Protection Agency,
Water, 4303, Washington, DC 20460
Phone: 202 260-7134
Fax: 202 260-7185
Email: telliard.william@epa.gov
RIN: 2040-AC92
3587. PERFORMANCE-BASED
MEASUREMENT SYSTEM (PBMS)
PROCEDURES AND GUIDANCE FOR
CLEAN WATER ACT TEST
PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 13l4(h) CWA
304(h); 33 USC 1361(a) CWA 501(a)
CFR Citation: 40 CFR 136
Legal Deadline: None
Abstract: This regulatory action would
establish the use of performance-based
measurement procedures and guidance
for use in Clean Water Act compliance
monitoring under 40 CFR part 136,
Guidelines Establishing Test Procedures
for the Analysis of Pollutants. The new
procedures would include guidance
concerning the format, content, quality
assurance/quality control, and data
validation requirements for use of test
methods. This regulatory action would
also describe increased program
guidance in the form of a
clearinghouse, technical bulletins,
and/or guidance documents geared
towards clarifying technical and policy
issues associated with the use of test
methods approved for use in the
program.
Timetable:
Action
Date FR Cite
NPRM
Final Action
03/28/97 62 FR 14975
To Be Determined
Regulatory Flexibility Analysis
Required: No
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3713
NPRM-
http://www.epa.gov/fedrgstr/EPA-
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EPA—Clean Water Act (CWA)
Long-Term Actions
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
3588. TEST PROCEDURES FOR THE
ANALYSIS OF CO-PLANAR AND
MONO-ORTHO-SUBSTITUTED
POLYCHLORINATED BIPHENYLS
(PCBS) UNDER THE CLEAN WATER
ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq
CWA 304(h); 33 USC 1314(h) CWA
501(a); 33 USC 1361(a)
CFR Citation: 40 CFR 136; 40 CFR 503
Legal Deadline: None
Abstract: This regulatory action would
propose to amend the Guidelines
Establishing Test Procedures for the
Analysis of Pollutants under 40 CFR
parts 136 and 503 to approve EPA
Method 1668 for the congener-specific
determination of co-planar and mono-
ortho-substituted polychlorinated
biphenyls (PCBs) in effluent ambient
water and sludge. This method is
necessary for the implementation of
water quality-based permits under the
National Pollutant Discharge
Elimination System (NPDES) of the
Clean Water Act. Water quality-based
permits are necessary when technology-
based controls do not 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
To Be Determined
To Be Determined
NPRM
Final Action
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD09
3589. 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 I3l4(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
NPRM
Final Action
Date
10/18/95
To Be
FR Cite
60 FR 53988
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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
3590. 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
06/00/02
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
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
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Maria Gomez-Taylor, Environmental
Protection Agency, Water, 4303
Phone: 202 260-1639
Fax: 202 260-7185
Email: gomez-taylor.maria@epa.gov
BIN: 2040-AD52
3591. 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 136(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 (SDWA). The current method
detection limit (MDL) procedure is set
forth at 40 CFR part 136, appendix B.
EPA's Office of Water has not
promulgated a generic 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: State,
Local, Tribal, Federal
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: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD53
3592. 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 05/00/03
Final Action 04/00/04
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
3593. • MINIMIZING ADVERSE
ENVIRONMENTAL IMPACT FROM
COOLING WATER INTAKE
STRUCTURES AT EXISTING
FACILITIES UNDER SECTION 316(B)
OF THE CLEAN WATER ACT, PHASE
3
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
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, June
15, 2003.
Final, Judicial, December 15, 2004.
Abstract: This rulemaking affects, at a
minimum, existing facilities that use
cooling water intake structures, and
whose intake flow levels exceed a
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EPA—Clean Water Act (CWA)
Long-Term Actions
minimum threshold EPA will
determine during this rulemaking. The
affected facilities include 1) electricity
generating facilities not covered by
Phase 2 regulations; 2) pulp and paper
manufacturing facilities; 3) chemicals
and allied products manufacturing
facilities; 4) petroleum and coal
products manufacturing facilities; and
5) primary metals manufacturing
facilities. Section 316(b) of the Clean
Water Act provides that any standard
established pursuant to sections 301 or
306 of the Clean Water Act and
applicable to a point source shall
require that the location, design,
construction, and capacity of cooling
water intake structures reflect the best
technology available for minimizing
adverse environmental impact. A
primary purpose of this action is to
minimize the impingement and
entrainment of fish and other aquatic
organisms by cooling water intake
structures. Impingement refers to
trapping fish and other aquatic life
against cooling water intake structures.
Entrainment occurs when aquatic
organisms, eggs and larvae are drawn
into the cooling system, through the
heat exchanger, and then pumped back
out with significant injury or mortality
to the entrained organisms.
Timetable:
Action Date FR Cite
NPRM
Final Action
06/00/03
12/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4543
Split from RIN 2040-AC34.
Sectors Affected: 21 Mining; 22111
Electric Power Generation; 22133 Steam
and Air-Conditioning Supply; 311 Food
Manufacturing; 3122 Tobacco
Manufacturing; 313 Textile Mills; 321
Wood Product Manufacturing; 322
Paper Manufacturing; 324 Petroleum
and Coal Products Manufacturing; 325
Chemical Manufacturing; 326 Plastics
and Rubber Products Manufacturing;
327 Nonmetallic Mineral Product
Manufacturing; 331 Primary Metal
Manufacturing; 332 Fabricated Metal
Product Manufacturing; 333 Machinery
Manufacturing; 334 Computer and
Electronic Product Manufacturing; 335
Electrical Equipment, Appliance and
Component Manufacturing; 336
Transportation Equipment
Manufacturing; 61131 Colleges,
Universities and Professional Schools
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-AD70
3594. 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
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 I22.21(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: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 3234
Agency Contact: Ruby Cooper-Ford,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0767
Fax: 202 564-6431
Email: ford.ruby@epa.gov
RIN: 2040-AC26
3595. 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 waters of the United States.
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
waterbody. In contrast, EPA's definition
of fill material looks to whether the
effect is to replace waters of the United
States with dry land or change the
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Long-Term Actions
bottom elevation of waterbodies, 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
NPRM
Final Action
Date
04/20/00
To Be
FR Cite
65 FR 21 292
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4375
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,
Washington, DC 20460
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
RIN: 2040-AD51
3596. • TEST PROCEDURES: NEW
AND UPDATED TEST PROCEDURES
FOR THE ANALYSIS OF POLLUTANTS
UNDER THE CLEAN WATER ACT AND
SAFE DRINKING WATER ACT
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 1251 et seq;
33 USC 1314(h); 33 USC 1361(a); 76
Stat 816; PL 92-500; 91 Stat 1567; PL
95-217; 100 Stat 7; PL 100-4
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 parts 136 and
141 to approve new and updated EPA
methods for wastewater, ambient water
quality, and drinking water, including
new and updated versions of methods
from voluntary consensus standards
bodies and other organizations. These
methods are used to comply with
monitoring requirements in the
wastewater, ambient water quality
and/or drinking water programs, as
authorized under the Clean Water Act
(CWA) and Safe Drinking Water Act.
This regulation would propose new
methods for metals such as Method
1638 (which utilizes ICP/MS), new
methods for chemical pollutants (e.g.,
Method 245.7), and updated methods
for chemical and biological pollutants
(e.g., Methods 625 and 1625), including
methods from voluntary consensus
standards bodies (VCSBs), and from
other external organizations. The new
and updated methods include methods
from organizations such as the
American Society for Testing and
Materials (ASTM), Standard Methods,
Association of Official Analytical
Methods-International, and U.S.
Geological Survey.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/00/02
06/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4540
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: 202 260-7185
Email: gomez-taylor.maria@epa.gov
RIN: 2040-AD71
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Clean Water Act (CWA)
Completed Actions
3597. EFFLUENT GUIDELINES AND
STANDARDS FOR THE CENTRALIZED
WASTE TREATMENT INDUSTRY
Priority: Other Significant
CFR Citation: 40 CFR 437
Completed:
Reason
Date
FR Cite
Final Action 12/22/00 65 FR 81241
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: State,
Local, Federal
Sectors Affected: 562219 Other
Nonhazardous Waste Treatment and
Disposal
Agency Contact: Jan Matuszko
Phone: 202 260-9126
Fax: 202 260-7185
Email: matuszko.jan@epa.gov
Tim Connor
Phone: 202 260-3164
Fax: 202 260-7185
Email: connor.timothy@epa.gov
RIN: 2040-AB78
3598. REFORMATTING OF EFFLUENT
GUIDELINES AND STANDARDS IN 40
CFR PARTS 401 THROUGH 471
Priority: Info./Admin./Other
CFR Citation: 40 CFR 405 to 471
(Revision)
Completed:
Reason
Date FR Cite
Withdrawn
04/23/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Hugh Wise
Phone: 202 260-7177
Fax: 202 260-7185
Email: wise.hugh@epa.gov
RIN: 2040-AC79
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EPA—Clean Water Act (CWA)
Completed Actions
3599. EFFLUENT GUIDELINES AND
STANDARDS FOR SYNTHETIC-BASED
DRILLING FLUIDS IN THE OIL AND
GAS EXTRACTION POINT SOURCE
CATEGORY (REVISIONS)
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 435
Completed:
Reason
Date
FR Cite
Final Action
01/22/01 66 FR 6849
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Sectors Affected: 21111 Oil and Gas
Extraction
Agency Contact: Carey Johnston
Phone: 202 260-7186
Fax: 202 260-7185
Email: johnston.carey@epa.gov
Ron Kirby
Phone: 202 260-7168
Fax: 202 260-7185
Email: kirby.ronald@epa.gov
RIN: 2040-AD14
3600. EFFLUENT GUIDELINES AND
STANDARDS FOR THE ORGANIC
CHEMICALS, PLASTICS AND
SYNTHETIC FIBERS CATEGORY
(COMPLETION OF A 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.
In the November 22, 1999 Regulatory
Agenda, we indicated that we would
perform a review of this rule in
accordance with section 610 of the
Regulatory Flexibility Act. We are now
announcing completion of that review
and our decisions based on that review.
We have concluded that this rule
should remain in effect with no
modification. Our analysis confirmed
that effluent limitations for the OCPSF
industry are a necessary component of
the comprehensive program to restore
and maintain the quality of our
Nation's waters. In particular, the
OCPSF rule contributes significantly to
pollutant reductions, accounting for
reductions of more than 100 million
pounds per year. The Agency's Toxic
Release Inventory indicates that
releases from OCPSF facilities to
surface waters and to POTWs remain
an environmental concern, and that the
effluent limitations should remain in
place. Our analysis yielded no reasons
to amend or rescind the rule due to
need, complexity, or overlap with other
rules. This conclusion is based on the
lack of adverse comments, or any
expressed need for a rule change from
the major stakeholders, including the
permitting authorities and the regulated
community. Our analysis also included
a review of the industry's technology
changes and economic conditions. We
did not identify innovations or other
process changes that would
significantly
Action
Date FR Cite
Timetable:
Action
Final Action
Begin Review
Date FR Cite
11/05/87 52 FR 42522
11/22/99 64 FR 65 140
End Review - Decision 02/15/01
To Leave Rule
Unchanged at This
Time
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: 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
3601. WATER QUALITY STANDARDS
FOR ALABAMA—PHASE I
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 131
Completed:
Reason
Date
FR Cite
Withdrawn - No 04/23/01
Further Action
Required
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Fritz Wagener
Phone: 404 562-9267
Jim Keating
Phone: 202 260-3845
Fax: 202 260-9830
Email: keating.jim@epa.gov
RIN: 2040-AD25
3602. AMEND THE FINAL WATER
QUALITY GUIDANCE FOR THE GREAT
LAKES SYSTEM TO PROHIBIT MIXING
ZONES FOR BIOACCUMULATIVE
CHEMICALS OF CONCERN
Priority: Other Significant
CFR Citation: 40 CFR 132
Completed:
Reason
Date
FR Cite
Final Action 11/13/00 65 FR 67638
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Mark Morris
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Completed Actions
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AD32
3603. PROMULGATION OF
PROVISIONS IN THE FINAL WATER
QUALITY GUIDANCE FOR THE GREAT
LAKES SYSTEM FOR WATERS
WITHIN THE GREAT LAKES BASIN
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 132
Completed:
Reason
Date
FR Cite
Final Action - New 10/06/00 65 FR 59732
York
Final Action- 11/06/00 65 FR 66502
Wisconsin
No Further Action Will 04/01/01
Be Taken
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: Mark Morris
Phone: 202 260-0312
Fax: 202 260-5394
Email: morris.markl@epa.gov
RIN: 2040-AD66
3604. FURTHER REVISIONS TO
CLEAN WATER ACT DEFINITION OF
DISCHARGE OF DREDGED MATERIAL
Priority: Substantive, Nonsignificant
CFR Citation: 33 CFR 323.2(d); 40 CFR
232.2
Completed:
Reason
Date
FR Cite
Final Action 01/17/01 66 FR 4549
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Federal
Agency Contact: John Lishman
Phone: 202 260-9180
Fax: 202 260-7546
Email: lishman.john@epa.gov
John Goodin
Phone: 202 260-9910
Fax: 202 260-7546
Email: goodin.john@epa.gov
RIN: 2040-AD41
3605. ROUND I SEWAGE SLUDGE
USE OR DISPOSAL RULE — PHASE
TWO AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 503 (Revision)
Completed:
Reason
Date
FR Cite
Withdrawn - No
Further Action
Planned
04/23/01
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Agency Contact: Alan B. Rubin
Phone: 202 260-7589
Fax: 202 260-1036
Email: rubin.alan@epa.gov
RIN: 2040-AC53
3606. SITE-SPECIFIC RULE UNDER XL
TO GRANT WAIVER FROM BMP
REGULATIONS UNDER CWA
CLUSTER RULES
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 430
Completed:
Reason
Date
FR Cite
Final Action
07/27/00 65 FR 46104
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Sectors Affected: 3221 Pulp, Paper,
and Paperboard Mills
Agency Contact: Nina Bonnelycke
Phone: 202 260-3344
Fax: 202 401-6637
Email: bonnelycke.nina@epa.gov
Chris Rascher
Phone: 617 918-1834
RIN: 2090-AA12
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Prerule Stage
3607. USE OF SCREENING METHODS
FOR COMPLIANCE MONITORING OF
DRINKING WATER CONTAMINANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f SDWA
1401; 42 USC 300(g)(l) SDWA 1412; 42
USC 300(j)(4) SDWA 1445
CFR Citation: 40 CFR 141; 40 CFR 143
Legal Deadline: None
Abstract: The 1996 Safe Drinking
Water Act (SDWA) Amendments
require EPA to review new analytical
methods that may be used for regulated
contaminants screening or analysis,
including screening methods. After this
review, EPA may approve such
methods that are deemed more accurate
or cost-effective than established
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
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EPA—Safe Drinking Water Act (SDWA)
Prerule Stage
this rule making. 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
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
10/00/01
07/00/02
07/00/03
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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
3608. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: ALDICARB
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 300f et seq;
SDWA 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 and make
a determination of what further action
is appropriate.
ANPRM
NPRM
Final Rule
08/00/01
08/00/03
08/00/04
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: Undetermined
Additional Information: SAN No. 3238
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-6269
Fax: 202 401-6135
Email: olson.daniel@epa.gov
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-AC13
3609. DRINKING WATER:
REGULATORY DETERMINATIONS
REGARDING CONTAMINANTS ON
THE DRINKING WATER
CONTAMINANT CANDIDATE LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300f et seq;
SDWA 1412(b)(l)(B)
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
Notice 04/00/01
Notice of Final 08/00/01
Regulatory
Determinations
Regulatory Flexibility Analysis
Required: No
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26275
EPA—Safe Drinking Water Act (SDWA)
Prerule Stage
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: Dan Olson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-6269
Fax: 202 401-6135
Email: olson.daniel@epa.gov
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
3610. 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, 2002, 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 10/00/01
Notice of Final 08/00/02
Decision
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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,
Washington, DC 20460
Phone: 202 260-3035
Fax: 202 260-3762
Email: parrotta.marc@epa.gov
RIN: 2040-AD67
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
3611. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
2 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 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
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26276
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
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 made
recommendations on rule options to
EPA in September 2000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/01
12/00/02
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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
3612. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: STAGE 2
DISINFECTANTS/DISINFECTION
BYPRODUCTS RULE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
Legal Authority: 40 USC 300g-l(b);
SDWA 1412(b); 42 USC 300f; 42 USC
300g-2; 42 USC 300g-3; 42 USC 300g-
4; 42 USC 300g-5; 42 USC 300g-6; 42
USC 300J-4; 42 USC 300J-9; 42 USC
300J-11
CFR Citation: 40 CFR 141 to 142; 40
CFR9
Legal Deadline: Final, Statutory, May
31, 2002.
Abstract: The 1996 Safe Drinking
Water Act Amendments require EPA to
promulgate a Stage 2
Disinfectants/Disinfection Byproducts
Rule (Stage 2 DBPR) by May, 2002. EPA
plans to propose this rule in 2001. The
Regulation, along with a Long Term 2
Enhanced Surface Water Treatment
Rule (LT2ESWTR) that will be
promulgated simultaneously, is
intended to expand existing public
health protections and address
concerns about risk trade-offs between
pathogens and disinfection byproducts.
This rule could affect all public water
systems that add a disinfectant to the
drinking water during any part of the
treatment process although the impacts
may be limited to community water
systems (CWSs) and non-transient non-
community water systems (NTNCWSs).
Promulgating the LT2ESWTR and the
Stage 2 DBPR as a paired rulemaking
is necessary to ensure that adequate
protection from microbial risk is
maintained while EPA manages risk
from disinfection byproducts. 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 DBFs and
microbiological pathogens than was
available previously. EPA will also use
new information on the health effects
of exposure to DBFs to determine
effective regulatory requirements for
controlling risk. On March 30, 1999
EPA reconvened a committee of
stakeholders under the Federal
Advisory Committee Act (FACA) to
assist in the development of these
rules. The FACA made
recommendations on rule options to
EPA in September, 2000.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/01
12/00/02
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4342
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Thomas Grubbs,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-7270
Fax: 202 401-6135
Email: grubbs.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
3613. 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
analyses may be used to modify
existing regulations during the
statutorily required 6-year regulatory
review cycle.
Timetable:
Action
NPRM
Final Action
Dale
12/00/01
06/00/03
FR Cite
Regulatory FSax'bility Analysis
Required: Ur. If ermined
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26277
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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
3614. NATIONAL SECONDARY
DRINKING WATER REGULATIONS
(NSDWR): METHYL TERTIARY BUTYL
ETHER (MTBE) AND TECHNICAL
CORRECTIONS TO THE NSDWR
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 143 (Revision)
Legal Deadline: None
Abstract: Methyl Tertiary Butyl Ether
(MTBE) is a fuel additive used
primarily to increase the oxygen
content in gasoline. It has been used
in increasing quantity in the 1990s to
meet the requirements of the Federal
Reformulated Gasoline (RFC) and
Oxyfuels programs required by the
Clean Air Act Amendments of 1990.
Although the use of MTBE in gasoline
has helped to reduce harmful air
emissions, it is being detected in
ground water and surface water
throughout the country. In some
instances the affected waters are
drinking water sources. At relatively
low levels, MTBE's taste and odor can
make drinking water supplies
unacceptable to consumers. In this
action, EPA is proposing a secondary
standard for MTBE, which will provide
control levels for taste and odor
acceptability and to protect the public
welfare.
Timetable:
Action
Date
FR Cite
NPRM 09/00/01
Final Action 08/00/02
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
Phone: 202 260-2527
Fax: 202 260-3762
RIN: 2040-AD54
3615. 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); Safe
Drinking Water Act 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
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
3616. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADON
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 300f et seq;
SDWA 1412
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: NPRM, Statutory,
August 6, 1999.
Final, Statutory, November 2, 2000.
Other, Statutory, February 6, 1999,
Publish radon health risk reduction and
cost analysis.
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 15,000-22,000
lung cancer deaths each year in the
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26278
Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
United States, according to a landmark
report this year by the National
Academy of Sciences. That makes
radon in indoor air the second leading
cause of lung cancer in the United
States. Based on a second NAS report,
EPA estimates that radon in drinking
water causes about 168 cancer deaths
per year, of which about 89 percent are
lung cancer from breathing radon
released from water. The remaining 11
percent of the risk is for stomach
cancer from drinking radon-containing
water.
The 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 at or below the higher, alternative
maximum contaminant level MCL
proposed at 4,000 pCi/L (picoCuries per
liter, a standard unit of radiation) ,
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.
Timetable:
Action
ANPRM
NPRM
Notice
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
11/02/99
09/00/01
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: State,
Local, Tribal, Federal
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: Sylvia Malm,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-0417
Fax: 202 260-3762
Email: malm.sylvia@epa.gov
James Taft, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-5519
Fax: 202 260-3762
Email: taft.james@epa.gov
RIN: 2040-AA94
3617. 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 300f; SDWA
1412
CFR Citation: 40 CFR 141 400 to 406;
40 CFR 142 14 to 16 (revision)
Legal Deadline: Final, Statutory, May
31, 2002.
Abstract: EPA has proposed a targeted
risk-based regulatory strategy for all
ground water systems. The proposed
requirements provide a meaningful
opportunity to reduce public health
risk associated with the consumption
of waterborne pathogens from fecal
contamination for a substantial number
of people served by ground water
sources. The proposed strategy
addresses risks through a multiple-
barrier approach that relies on five
major components: periodic sanitary
surveys of ground water systems
requiring the evaluation of eight
elements and the identification of
significant deficiencies; hydrogeologic
assessments to identify wells sensitive
to fecal contamination; source water
monitoring for systems drawing from
sensitive wells without treatment or
with other indications of risk; a
requirement for correction of significant
deficiencies and fecal contamination
through the following actions: eliminate
the source of contamination, correct the
significant deficiency, provide an
alternative source water, or provide a
treatment which achieves at least 99.99
percent (4-log) inactivation or removal
of viruses, and compliance monitoring
to insure disinfection treatment is
reliably operated where it is used.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/10/00 65 FR 30194
11/00/01
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
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 the
Administrator promulgates a stage II
rulemaking for disinfection and
disinfection byproducts (currently
scheduled for May 2002).
NPRM-
http://www.epa.gov/safewater/gwr.html
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
3618. 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 governments
and the private sector.
Legal Authority: 42 USC 300f SDWA
1412
CFR Citation: 40 CFR 141 (Revision);
40 CFR 142 (Revision)
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26279
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
Legal Deadline: NPRM, Statutory,
January 1, 2000.
Final, Statutory, June 22, 2001.
Abstract: On January 22, 2001, EPA
published a final Arsenic Rule (66 FR
6975). On March 23, 2001, EPA
published a notice extending the
effective date of the final Arsenic Rule
from March 23, 2001, to May 22, 2001
(66 FR 16134), in accordance with a
January 20, 2001, memorandum from
the Assistant to the President and Chief
of Staff, entitled "Regulatory Review
Plan," (published in the Federal
Register on January 24, 2001). The 60-
day delay in effective date was
necessary to give Agency officials the
opportunity for further review and
consider the new rule. On April 23,
2001, EPA published a proposal to
further extend the effective date of the
final Arsenic Rule from May 22, 2001,
to February 22, 2002 (66 FR 20579).
As its next step in the process of
reviewing the final Arsenic Rule, EPA
will prepare a proposal for comment
on a range of arsenic maximum
contaminant level options from 3 ppb
to 20 ppb.
Timetable:
Action
Date FR Cite
Plan Arsenic
Research Topics for
Funding
NPRM
Extension of Effective
Date
Final Action
Further Extension of
Effective Date
Effective Date
12/24/96 61 FR 67800
06/22/00
01/22/01
03/23/01
04/23/01
02/22/02
65 FR 38888
66 FR 6975
66 FR 16134
66 FR 20579
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2807
Final Action-
www.epa.gov/safewater/ars/arsenic-
finalrule.html
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
3619. 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
02/11/99 64 FR 7028
08/00/01
Action
Date FR Cite
NPRM
12/20/94 59 FR 65578
Notice Sulfate Study
Notice - Decision To
Regulate or Not
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 3176
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-6269
Fax: 202 401-6135
Email: olson.daniel@epa.gov
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-AC07
3620. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: LONG TERM
1 ENHANCED SURFACE WATER
TREATMENT RULE
Priority: Other Significant
Legal Authority: SDWA !4l2(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 by-products. 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 (IESWTR). The
LTlESWTR applies to public water
systems that use surface water or
ground water 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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
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
08/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4147
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jeffery Robichaud,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2568
Fax: 202 401-6135
Email: robichaud.jeffery@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
3621. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: FILTER
BACKWASH RECYCLING RULE
Priority: Other Significant
Legal Authority: 42 USC 300gl(b)(14);
SDWA 1412(b)(14)
CFR Citation: 40 CFR 141.76; 40 CFR
142.16
Legal Deadline: Final, Statutory,
August 6, 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 filtration 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 (LT1ESWTR) in a
single NPRM and was published in the
Federal Register on April 10, 2000.
Each will be finalized in separate
rulemakings.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/10/00 65 FR 19045
05/00/01
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State,
Local, Tribal, Federal
Additional Information: SAN No. 4146
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jeffery Robichaud,
Environmental Protection Agency,
Water, 4607, Washington, DC 20460
Phone: 202 260-2568
Fax: 202 401-6135
Email: robichaud.jeffery@epa.gov
Philip Berger, Environmental Protection
Agency, Water, 4607, Washington, DC
20460
Phone: 202 260-7006
TDD Phone: 202 401-6135
Email: berger.philip@epa.gov
RIN: 2040-AD65
3622. 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 part
147 of its UIC regulations where all the
State UIC programs are summarized.
Included in this summarization are all
the authorities and regulations used by
the States to implement the UIC
program, as well as all other documents
that are relevant to the program. The
primary reason for this is to provide
one place where all the UIC programs
nationwide are presented. A second
reason, more importantly, is to allow
EPA to incorporate by reference into
the Code of Federal Regulations the
State program authorities. Current
citations to State regulations in 40 CFR
part 147 are out of date for many
States. This update is necessary to
ensure that the CFR accurately reflects
current approved State UIC programs
and that elements of those programs are
federally enforceable if necessary. EPA
Regional Offices will be submitting
State revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs.
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
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Federal Register/Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
26281
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
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
BIN: 2040-AD40
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Safe Drinking Water Act (SDWA)
Completed Actions
3623. UNREGULATED CONTAMINANT
MONITORING RULE - LIST 2
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141.40
Completed:
Reason
Date
FR Cite
Final Action 01/11/01 66 FR 2273
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Charles Job
Phone: 202 260-7084
Email: job.charles@epa.gov
Rachel Sakata
Phone: 202 260-2527
Fax: 202 260-3762
RIN: 2040-AD58
3624. REFORMATTING OF DRINKING
WATER REGULATIONS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 141; 40 CFR 142
Completed:
Reason
Date
FR Cite
Withdrawn - No 04/23/01
Further Action
Planned
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: James Taft
Phone: 202 260-5519
Fax: 202 260-3762
Email: taft.james@epa.gov
RIN: 2040-AC41
Completed:
3625. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: RADIUM,
URANIUM, ALPHA, BETA AND
PHOTON EMITTERS
Priority: Other Significant
CFR Citation: 40 CFR 141; 40 CFR 142
Completed:
Reason
Date
FR Cite
Final Action 12/07/00 65 FR 76708
Regulatory Flexibility Analysis
Required: Yes
Government Levels Affected: State,
Local, Tribal, Federal
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: David Huber
Phone: 202 260-9566
Fax: 202 260-3762
Email: huber.david@epa.gov
William Labiosa
Phone: 202 260-4835
Fax: 202 260-3762
Email: labiosa.william@epa.gov
RIN: 2040-AC98
3626. REVISION TO THE INTERIM
ENHANCED SURFACE WATER
TREATMENT RULE (IESWTR) AND
THE STAGE 1 DISINFECTANTS AND
DISINFECTION BYPRODUCTS RULE
(DBPR) AND PRIMACY
REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 141; 40 CFR 142
Reason
Date
FR Cite
Final Action
01/16/01 66 FR 3769
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State,
Local, Tribal, Federal
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Jennifer Melch
Phone: 202 260-7035
Fax: 202 401-2345
Email: melch.jennifer@epa.gov
RIN: 2040-AD43
3627. DRINKING WATER STATE
REVOLVING FUND REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 35
Completed:
Reason
Date FR Cite
Final Action
01/12/01 66 FR 2823
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Kimberley Roy
Phone: 202 260-2794
Fax: 202 401-2345
Email: roy.kimberley@epa.gov
RIN: 2040-AD20
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26282
Federal Register /Vol. 66, No. 93/Monday, May 14, 2001/Unified Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
Shore Protection Act (SPA)
Final Rule Stage
3628. SHORE PROTECTION ACT,
SECTION 4103(B) REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 Shore
Protection Act of 1988; PL 100-688
4103(b)
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule will implement the
Shore Protection Act (SPA) and is
designed to prevent the deposit of
municipal and commercial waste into
U.S. Coastal Waters. This rule
establishes minimum waste handling
practices for vessels and waste
handling facilities involved in the
transport of municipal or commercial
wastes in the coastal waters of the
United States. The rule may require
certain vessels and waste handling
facilities to develop an operation and
maintenance manual that identifies
procedures to prevent, report, and clean
up deposits of waste into coastal
waters. Local governments and
businesses involved with the vessel
transportation and shore side handling
of these wastes would be affected by
this rule. Currently no tribes are known
to be involved in waste handling of this
type; therefore none would be affected
by this rule. In regards to small
businesses, EPA has provided guidance
on development of operation and
maintenance manuals and encourages
the use and documentation of existing
industry practices that meet or exceed
the EPA proposed minimum waste
handling standards. All indications are
that this regulation as proposed would
have a minimal economic impact. This
regulation will result in reduction of
municipal and commercial wastes
deposited in coastal waters.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
08/30/94 59 FR 44798
02/00/02
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 2820
Agency Contact: Steven Giordano,
Environmental Protection Agency,
Water, 4504F, Washington, DC 20460
Phone: 202 260-6419
Fax: 202 260-9920
Email: giordano.steven@epa.gov
RIN: 2040-AB85
[FR Doc. 01-10449 Filed 05-11-01; 8:45 am]
BILLING CODE 6560-50-S
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A. INDEX TO ENTRIES THAT THE ENVIRONMENTAL PROTECTION AGENCY HAS
DESIGNATED FOR SECTION 610 REVIEW
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan
for the periodic review of its rules that have significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to
review in the next year. Some agencies use the Unified Agenda to fulfill this requirement. Those agencies
indicate such entries by appending "(Section 610 Review)" to the titles. Some agencies have also indicated
completions of section 610 reviews or rulemaking actions resulting from completed section 610 reviews.
The following index lists the regulatory actions for which agencies included this designation. The 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 Unified Agenda in part
II of this issue.
Seq.
No.
3600
Title
EPA
Effluent Guidelines and Standards
for the Organic Chemicals, Plas-
tics and Synthetic Fibers Cat-
egory (Completion of a Section
610 Review)
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